KAREMERA et al. JUDGEMENT AND SENTENCE

KAREMERA et al. JUDGEMENT AND SENTENCE

The Chamber found that Karemera and Ngirumpatse, as senior MRND leaders and, in Karemera's case, as Minister of the Interior, exercised effective control over the Interahamwe and civil defence, participated in a joint criminal enterprise to destroy the Tutsi population, and failed to prevent or punish crimes by subordinates. The Chamber found that their acts and omissions, including incitement, distribution of weapons, and policy decisions, substantially contributed to genocide, extermination, rape, and other crimes. The Chamber found that the only reasonable inference from the evidence was that the accused shared genocidal intent and were guilty of genocide, direct and public incitement...

Citation
ICTR-98-44-T
Parties
Prosecutor: The Prosecutor; Accused: Édouard Karemera; Accused: Matthieu Ngirumpatse
Court
International Tribunal for Rwanda
Jurisdiction
Rwanda
Judgment Date
2 February 2012
Case Number
ICTR-98-44-T
Procedural Posture
Criminal / Trial Judgment and Sentence
Outcome
Conviction; life imprisonment for both accused.
Legal Topics
Genocide, Crimes Against Humanity, War Crimes, Command Responsibility, Joint Criminal Enterprise, Rape, Extermination, Direct and Public Incitement to Commit Genocide, Conspiracy to Commit Genocide, Superior Responsibility
Source Language
en, rw, fr
International Criminal Law Human Rights Law Genocide Crimes Against Humanity War Crimes Command Responsibility Joint Criminal Enterprise Rape +4 more

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Parties

The Prosecutor

Prosecutor

Édouard Karemera

Accused

Matthieu Ngirumpatse

Accused

Procedural Posture

Criminal / Trial Judgment and Sentence

Legal Issues

  1. 1 Whether the accused are criminally responsible for genocide, conspiracy to commit genocide, direct and public incitement to commit genocide, rape and extermination as crimes against humanity, and serious violations of Article 3 common to the Geneva Conventions and Additional Protocol II; Whether the accused exercised command or superior responsibility over subordinates who committed crimes; Whether the accused participated in a joint criminal enterprise to destroy the Tutsi population; Whether the accused are liable for extended joint criminal enterprise for rapes and sexual assaults; Whether the accused are liable as superiors for crimes committed by subordinates.

Ratio Decidendi

The Chamber found that Karemera and Ngirumpatse, as senior MRND leaders and, in Karemera's case, as Minister of the Interior, exercised effective control over the Interahamwe and civil defence, participated in a joint criminal enterprise to destroy the Tutsi population, and failed to prevent or punish crimes by subordinates. The Chamber found that their acts and omissions, including incitement, distribution of weapons, and policy decisions, substantially contributed to genocide, extermination, rape, and other crimes. The Chamber found that the only reasonable inference from the evidence was that the accused shared genocidal intent and were guilty of genocide, direct and public incitement...

Court Disposition

Conviction; life imprisonment for both accused.

Orders

  • Édouard Karemera is convicted of direct and public incitement to commit genocide, genocide, rape as a crime against humanity, extermination as a crime against humanity, and serious violations of Article 3 common to the Geneva Conventions and Additional Protocol II; sentenced to life imprisonment.
  • Matthieu Ngirumpatse is convicted of direct and public incitement to commit genocide, genocide, rape as a crime against humanity, extermination as a crime against humanity, and serious violations of Article 3 common to the Geneva Conventions and Additional Protocol II; sentenced to life imprisonment.