THE PROSECUTOR v. JEAN-BAPTISTE GATETE (TRIAL JUDGMENT)

Parties

Procedural Posture

International Criminal Trial (ictr) / Trial Judgment and Sentencing

Legal Issues

1. 1 Whether Jean-Baptiste Gatete is criminally responsible for genocide, extermination as a crime against humanity, and related charges under the ICTR Statute;
2. 2 Whether the evidence supports findings of planning, instigating, ordering, committing through joint criminal enterprise, and aiding and abetting;
3. 3 Whether cumulative convictions for genocide and conspiracy to commit genocide, and for extermination and murder as crimes against humanity, are permissible;

Ratio Decidendi

The Chamber found beyond reasonable doubt that Gatete planned, instigated, ordered, committed through joint criminal enterprise, and aided and abetted the killing of Tutsis in Rwankuba sector, and at Kiziguro and Mukarange parishes, with genocidal intent. The evidence established his central role in planning and directing large-scale massacres, and that his authority and orders were a substantial factor in the commission of the crimes. The Chamber held that cumulative convictions for genocide and extermination as a crime against humanity were permissible, but not for both genocide and conspiracy to commit genocide, nor for both extermination and murder as crimes against humanity based on...

Court Disposition

Guilty of genocide (Count I) and extermination as a crime against humanity (Count IV); Not guilty of rape as a crime against humanity (Count VI); Counts of complicity in genocide (Count II), conspiracy to commit genocide (Count III), and murder as a crime against humanity (Count V) dismissed.

Orders

• Sentenced to life imprisonment to be served in a State designated by the Tribunal President;
• Gatete to remain in Tribunal custody pending transfer;