POROKIRERI v. JEAN-BAPTISTE GATETE

POROKIRERI v. JEAN-BAPTISTE GATETE

The Chamber found, beyond reasonable doubt, that Jean-Baptiste Gatete was criminally responsible as a principal perpetrator for genocide and extermination as a crime against humanity, based on his planning, ordering, and participation in massacres of Tutsi civilians in Rwankuba, Kiziguro, and Mukarange in April 1994. The Chamber held that the evidence established his intent to destroy the Tutsi group in whole or in part, and that he played a leading role in joint criminal enterprise with other local officials and militia. The Chamber acquitted him of conspiracy to commit genocide and rape as a crime against humanity due to insufficient evidence, and found that cumulative convictions for...

Citation
ICTR-00-61
Parties
Prosecutor: Porokireri; Accused: Jean-Baptiste Gatete
Court
International Tribunal for Rwanda
Jurisdiction
Rwanda
Judgment Date
31 March 2011
Case Number
ICTR-00-61
Procedural Posture
International Criminal Trial (ictr) / Judgment at First Instance
Outcome
Conviction on genocide and extermination as a crime against humanity; acquittal on conspiracy to commit genocide, complicity in genocide, rape as a crime against humanity, and murder as a crime against humanity.
Legal Topics
Genocide, Crimes Against Humanity, War Crimes, Command Responsibility, Joint Criminal Enterprise, Due Process, Fair Trial Rights
Source Language
rw
International Criminal Law Human Rights Law Genocide Crimes Against Humanity War Crimes Command Responsibility Joint Criminal Enterprise Due Process +1 more

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Parties

Porokireri

Prosecutor

Jean-Baptiste Gatete

Accused

Procedural Posture

International Criminal Trial (ictr) / Judgment at First Instance

Legal Issues

  1. 1 Whether Jean-Baptiste Gatete is criminally responsible for genocide, extermination as a crime against humanity, and related crimes under the ICTR Statute; Whether the prosecution proved beyond reasonable doubt the elements of the charged crimes; Whether the accused's fair trial rights were respected; Whether the accused's conduct meets the legal requirements for joint criminal enterprise and command responsibility.

Ratio Decidendi

The Chamber found, beyond reasonable doubt, that Jean-Baptiste Gatete was criminally responsible as a principal perpetrator for genocide and extermination as a crime against humanity, based on his planning, ordering, and participation in massacres of Tutsi civilians in Rwankuba, Kiziguro, and Mukarange in April 1994. The Chamber held that the evidence established his intent to destroy the Tutsi group in whole or in part, and that he played a leading role in joint criminal enterprise with other local officials and militia. The Chamber acquitted him of conspiracy to commit genocide and rape as a crime against humanity due to insufficient evidence, and found that cumulative convictions for...

Court Disposition

Conviction on genocide and extermination as a crime against humanity; acquittal on conspiracy to commit genocide, complicity in genocide, rape as a crime against humanity, and murder as a crime against humanity.

Orders

  • Jean-Baptiste Gatete is sentenced to life imprisonment.
  • He shall remain in ICTR detention pending transfer to a state designated by the President of the Tribunal to serve his sentence.