THE PROSECUTOR V. GRÉGOIRE NDAHIMANA TRIAL JUDGMENT

THE PROSECUTOR V. GRÉGOIRE NDAHIMANA TRIAL JUDGMENT

The Majority found that the Prosecution failed to prove beyond reasonable doubt that Ndahimana planned, instigated, or ordered genocide or extermination, or that he shared the specific genocidal intent of the main perpetrators. However, the Majority found that Ndahimana exercised effective control over the communal police and failed to punish their participation in the killings at Nyange church on 15 April 1994, incurring command responsibility under Article 6(3). The Majority further found that Ndahimana was present at Nyange church on 16 April 1994 during the destruction of the church and, by his presence as an approving spectator and person of authority, aided and abetted the killings,...

Citation
ICTR-01-68-T
Parties
Prosecutor: The Prosecutor; Accused: Grégoire Ndahimana
Court
International Tribunal for Rwanda
Jurisdiction
Rwanda
Judgment Date
30 December 2011
Case Number
ICTR-01-68-T
Procedural Posture
International Criminal Trial / Trial Judgment and Sentencing
Outcome
Convicted in part; acquitted in part
Legal Topics
Genocide, Crimes Against Humanity, Command Responsibility, Joint Criminal Enterprise, Extermination, Complicity in Genocide
Source Language
en, rw
International Criminal Law Human Rights Law Genocide Crimes Against Humanity Command Responsibility Joint Criminal Enterprise Extermination Complicity in Genocide

Case Brief

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Parties

The Prosecutor

Prosecutor

Grégoire Ndahimana

Accused

Procedural Posture

International Criminal Trial / Trial Judgment and Sentencing

Legal Issues

  1. 1 Whether Grégoire Ndahimana is criminally responsible for genocide, extermination as a crime against humanity, and/or complicity in genocide under Articles 2(3)(a), 2(3)(e), and 3(b) of the ICTR Statute; Whether he exercised effective control over subordinates who committed crimes; Whether he aided and abetted or otherwise participated in a joint criminal enterprise to commit genocide; Whether his presence and conduct at Nyange parish constituted aiding and abetting or command responsibility for the killings; Whether the prosecution proved the charges beyond reasonable doubt.

Ratio Decidendi

The Majority found that the Prosecution failed to prove beyond reasonable doubt that Ndahimana planned, instigated, or ordered genocide or extermination, or that he shared the specific genocidal intent of the main perpetrators. However, the Majority found that Ndahimana exercised effective control over the communal police and failed to punish their participation in the killings at Nyange church on 15 April 1994, incurring command responsibility under Article 6(3). The Majority further found that Ndahimana was present at Nyange church on 16 April 1994 during the destruction of the church and, by his presence as an approving spectator and person of authority, aided and abetted the killings,...

Court Disposition

Convicted in part; acquitted in part

Orders

  • Ndahimana is found guilty of genocide and extermination as a crime against humanity by aiding and abetting and by command responsibility for the acts of the communal police at Nyange church on 15 April 1994 and for aiding and abetting the killings on 16 April 1994.
  • Ndahimana is acquitted of direct commission, planning, instigation, or ordering genocide or extermination, and of complicity in genocide as an alternative.