THE PROSECUTOR v. GASPARD KANYARUKIGA (TRIAL JUDGMENT)

THE PROSECUTOR v. GASPARD KANYARUKIGA (TRIAL JUDGMENT)

The Chamber found that the prosecution proved beyond reasonable doubt that Gaspard Kanyarukiga planned the destruction of Nyange Church on 16 April 1994, which resulted in the killing of approximately 2000 Tutsi civilians, and that he acted with the specific intent to destroy the Tutsi ethnic group in whole or in part. The Chamber rejected the accused's alibi as not reasonably possibly true, found insufficient evidence of his direct participation during the demolition, and acquitted him of complicity in genocide. The Chamber held that planning the destruction of the church substantially contributed to the commission of genocide and extermination as a crime against humanity.

Citation
ICTR-02-78-A
Parties
Prosecutor: The Prosecutor; Accused: Gaspard Kanyarukiga
Court
International Tribunal for Rwanda
Jurisdiction
Rwanda
Judgment Date
8 May 2012
Case Number
ICTR-02-78-A
Procedural Posture
International Criminal Trial / Trial Judgment and Sentencing
Outcome
Conviction on Count 1 (Genocide) and Count 3 (Extermination as a crime against humanity); Acquittal on Count 2 (Complicity in genocide)
Legal Topics
Genocide, Crimes Against Humanity, Extermination, Joint Criminal Enterprise, Individual Criminal Responsibility, Sentencing
Source Language
en, rw, fr
International Criminal Law Human Rights Law Genocide Crimes Against Humanity Extermination Joint Criminal Enterprise Individual Criminal Responsibility Sentencing

Case Brief

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Parties

The Prosecutor

Prosecutor

Gaspard Kanyarukiga

Accused

Procedural Posture

International Criminal Trial / Trial Judgment and Sentencing

Legal Issues

  1. 1 Whether Gaspard Kanyarukiga is criminally responsible for genocide and extermination as a crime against humanity for planning the destruction of Nyange Church and the resulting deaths of Tutsi civilians; Whether the prosecution proved beyond reasonable doubt the accused's participation in a joint criminal enterprise; Whether the accused's alibi was credible; Whether the accused is guilty of complicity in genocide

Ratio Decidendi

The Chamber found that the prosecution proved beyond reasonable doubt that Gaspard Kanyarukiga planned the destruction of Nyange Church on 16 April 1994, which resulted in the killing of approximately 2000 Tutsi civilians, and that he acted with the specific intent to destroy the Tutsi ethnic group in whole or in part. The Chamber rejected the accused's alibi as not reasonably possibly true, found insufficient evidence of his direct participation during the demolition, and acquitted him of complicity in genocide. The Chamber held that planning the destruction of the church substantially contributed to the commission of genocide and extermination as a crime against humanity.

Court Disposition

Conviction on Count 1 (Genocide) and Count 3 (Extermination as a crime against humanity); Acquittal on Count 2 (Complicity in genocide)

Orders

  • Gaspard Kanyarukiga is sentenced to a single term of 30 years' imprisonment.
  • He shall remain in the custody of the Tribunal pending transfer to the State where he will serve his sentence.