THE PROSECUTOR V. ATHANASE SEROMBA (TRIAL JUDGEMENT)

THE PROSECUTOR V. ATHANASE SEROMBA (TRIAL JUDGEMENT)

Athanase Seromba, as priest in charge of Nyange parish, aided and abetted the commission of genocide and extermination by approving and facilitating the destruction of Nyange church with at least 1,500 Tutsi refugees inside, by prohibiting access to food, expelling Tutsi employees, refusing to celebrate mass for Tutsi refugees, and by his words and actions which substantially contributed to the killings and serious harm. The Chamber found that Seromba had knowledge of the genocidal intent and the widespread and systematic attack against the Tutsi civilian population, and that his conduct had a substantial effect on the commission of the crimes.

Citation
ICTR-2001-66-I
Parties
Prosecutor: The Prosecutor; Accused: Athanase Seromba
Court
International Tribunal for Rwanda
Jurisdiction
Rwanda
Judgment Date
13 December 2006
Case Number
ICTR-2001-66-I
Procedural Posture
International Criminal Prosecution / Trial Judgment
Outcome
Guilty of genocide and crimes against humanity (extermination) by aiding and abetting; not guilty of conspiracy to commit genocide; complicity in genocide dismissed as alternative count.
Legal Topics
Genocide, Crimes Against Humanity, Extermination, Aiding and Abetting, Individual Criminal Responsibility
Source Language
en, rw
International Criminal Law Human Rights Law Genocide Crimes Against Humanity Extermination Aiding and Abetting Individual Criminal Responsibility

Case Brief

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Parties

The Prosecutor

Prosecutor

Athanase Seromba

Accused

Procedural Posture

International Criminal Prosecution / Trial Judgment

Legal Issues

  1. 1 Whether Athanase Seromba is criminally responsible for genocide and crimes against humanity (extermination) by aiding and abetting under the ICTR Statute.
  2. 2 Whether the accused planned, instigated, ordered, committed, or otherwise aided and abetted the crimes charged.
  3. 3 Whether the accused's actions meet the actus reus and mens rea requirements for genocide and extermination.

Ratio Decidendi

Athanase Seromba, as priest in charge of Nyange parish, aided and abetted the commission of genocide and extermination by approving and facilitating the destruction of Nyange church with at least 1,500 Tutsi refugees inside, by prohibiting access to food, expelling Tutsi employees, refusing to celebrate mass for Tutsi refugees, and by his words and actions which substantially contributed to the killings and serious harm. The Chamber found that Seromba had knowledge of the genocidal intent and the widespread and systematic attack against the Tutsi civilian population, and that his conduct had a substantial effect on the commission of the crimes.

Court Disposition

Guilty of genocide and crimes against humanity (extermination) by aiding and abetting; not guilty of conspiracy to commit genocide; complicity in genocide dismissed as alternative count.

Orders

  • Athanase Seromba is sentenced to a single term of fifteen (15) years imprisonment.
  • Time spent in custody since 6 February 2002 to be deducted from the sentence.