THE PROSECUTOR V. JEAN DE DIEU KAMUHANDA

THE PROSECUTOR V. JEAN DE DIEU KAMUHANDA

The Chamber found beyond reasonable doubt that Jean de Dieu Kamuhanda was individually criminally responsible for genocide and extermination as a crime against humanity for his role in leading, ordering, instigating, and aiding and abetting the mass killing of Tutsi civilians at Gikomero Parish Compound on 12 April 1994. The Chamber found that Kamuhanda distributed weapons, led armed attackers, and gave the order to commence the killings, with the specific intent to destroy the Tutsi ethnic group in whole or in part. The Chamber found insufficient evidence to convict on rape, other inhumane acts, or war crimes under Common Article 3 and Additional Protocol II, and acquitted on those...

Citation
ICTR-99-54A-T
Parties
Prosecution: The Prosecutor; Accused/defendant: Jean de Dieu Kamuhanda
Court
International Tribunal for Rwanda
Jurisdiction
Rwanda
Judgment Date
22 January 2003
Case Number
ICTR-99-54A-T
Procedural Posture
International Criminal Trial (ictr) / Judgment and Sentencing
Outcome
Conviction on genocide and extermination as a crime against humanity; acquittal or dismissal on all other counts.
Legal Topics
Genocide, Crimes Against Humanity, War Crimes, Command Responsibility, Evidentiary Standards, Sentencing
Source Language
en, rw
International Criminal Law Human Rights Law Genocide Crimes Against Humanity War Crimes Command Responsibility Evidentiary Standards Sentencing

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Parties

The Prosecutor

Prosecution

Jean de Dieu Kamuhanda

Accused/defendant

Procedural Posture

International Criminal Trial (ictr) / Judgment and Sentencing

Legal Issues

  1. 1 Whether Jean de Dieu Kamuhanda is criminally responsible for genocide, extermination as a crime against humanity, and related charges under the ICTR Statute;
  2. 2 Whether the prosecution proved beyond reasonable doubt Kamuhanda's participation, ordering, instigation, or aiding and abetting of the killings at Gikomero Parish Compound;
  3. 3 Whether the accused exercised authority or effective control over perpetrators;

Ratio Decidendi

The Chamber found beyond reasonable doubt that Jean de Dieu Kamuhanda was individually criminally responsible for genocide and extermination as a crime against humanity for his role in leading, ordering, instigating, and aiding and abetting the mass killing of Tutsi civilians at Gikomero Parish Compound on 12 April 1994. The Chamber found that Kamuhanda distributed weapons, led armed attackers, and gave the order to commence the killings, with the specific intent to destroy the Tutsi ethnic group in whole or in part. The Chamber found insufficient evidence to convict on rape, other inhumane acts, or war crimes under Common Article 3 and Additional Protocol II, and acquitted on those...

Court Disposition

Conviction on genocide and extermination as a crime against humanity; acquittal or dismissal on all other counts.

Orders

  • Kamuhanda is found guilty of genocide (Count 2) and extermination as a crime against humanity (Count 5).
  • Kamuhanda is acquitted or counts dismissed on conspiracy to commit genocide (Count 1), complicity in genocide (Count 3), murder as a crime against humanity (Count 4), rape as a crime against humanity (Count 6), other inhumane acts as a crime against humanity (Count 7), serious violations of Common Article 3 and...