Nyiramasuhuko et al. (Butare) (ICTR-98-42A) Vol 1

Nyiramasuhuko et al. (Butare) (ICTR-98-42A) Vol 1

The Appeals Chamber held that while there were defects in the indictments and procedural delays, most were cured by subsequent disclosures and trial proceedings, and the accused were not materially prejudiced in their defence except as specifically found. The Chamber clarified that persecution as a crime against humanity under the ICTR Statute cannot be based on ethnic grounds. Convictions for genocide, extermination, rape, and other crimes were affirmed or reversed based on the sufficiency of notice, evidence, and proper legal standards for modes of liability.

Citation
ICTR-98-42A
Parties
Prosecution: The Prosecutor; Accused: Pauline Nyiramasuhuko; Accused: Arsène Shalom Ntahobali; Accused: Sylvain Nsabimana; Accused: Alphonse Nteziryayo; Accused: Joseph Kanyabashi; Accused: Élie Ndayambaje
Court
International Tribunal for Rwanda
Jurisdiction
Rwanda
Judgment Date
14 December 2015
Case Number
ICTR-98-42A
Procedural Posture
International Criminal Appeal / Appeals Chamber Judgment
Outcome
Convictions for genocide, extermination, rape, and other crimes affirmed in part and reversed in part; convictions for persecution as a crime against humanity reversed for all appellants; sentences reduced for undue delay and other errors; appeals otherwise dismissed.
Legal Topics
Genocide, Crimes Against Humanity, War Crimes, Command Responsibility, Fair Trial Rights, Appeals Procedure
Source Language
en
International Criminal Law Human Rights Law Genocide Crimes Against Humanity War Crimes Command Responsibility Fair Trial Rights Appeals Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 6 Authorities cited 23 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

The Prosecutor

Prosecution

Pauline Nyiramasuhuko

Accused

Arsène Shalom Ntahobali

Accused

Sylvain Nsabimana

Accused

Alphonse Nteziryayo

Accused

Joseph Kanyabashi

Accused

Élie Ndayambaje

Accused

Procedural Posture

International Criminal Appeal / Appeals Chamber Judgment

Legal Issues

  1. 1 Whether the accused were properly informed of the charges and received a fair trial
  2. 2 Whether the indictments were defective and if defects were cured
  3. 3 Whether the accused were criminally responsible for genocide, crimes against humanity, and war crimes

Ratio Decidendi

The Appeals Chamber held that while there were defects in the indictments and procedural delays, most were cured by subsequent disclosures and trial proceedings, and the accused were not materially prejudiced in their defence except as specifically found. The Chamber clarified that persecution as a crime against humanity under the ICTR Statute cannot be based on ethnic grounds. Convictions for genocide, extermination, rape, and other crimes were affirmed or reversed based on the sufficiency of notice, evidence, and proper legal standards for modes of liability.

Court Disposition

Convictions for genocide, extermination, rape, and other crimes affirmed in part and reversed in part; convictions for persecution as a crime against humanity reversed for all appellants; sentences reduced for undue delay and other errors; appeals otherwise dismissed.

Orders

  • Reversal of convictions for persecution as a crime against humanity for all appellants.
  • Reversal of convictions for certain killings and rapes where notice or evidence was insufficient.