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Rwanda Case Law

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Criminal law

UBUSHINJACYAHA v. UWINKINDI

Urukiko rwasanze Uwinkindi Jean yaragize uruhare mu bwicanyi bw’Abatutsi, rumuhamya jenoside n’icyaha cyo kurimbura nk’icyaha kibasiye inyokomuntu rumuhanisha igifungo cya burundu.

  • Genocide
  • Extermination as a crime against humanity
  • Modes of liability/accessory participation
  • Evidence and witness credibility
  • Aggravating and mitigating circumstances
  • Penalty/transfer sentencing rule
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International criminal law

Callixte Nzabonimana v. The Prosecutor

The Appeals Chamber partly allowed Nzabonimana’s appeal, reversing convictions tied to Murambi and Tambwe but otherwise upholding the Trial Chamber and life sentence.

  • Direct and public incitement to commit genocide
  • Conspiracy to commit genocide
  • Instigation of genocide
  • Extermination as a crime against humanity
  • Aiding and abetting
  • Notice in the indictment
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International criminal law

The Prosecutor v. Casimir Bizimungu and others

Trial Chamber II in the Bizimungu et al. case addressed disclosure, notice, counsel, delay, alibi, witness credibility, and several genocide-related allegations.

  • Arrest and detention
  • Notification of charges
  • Right to counsel
  • Initial appearance
  • Undue delay
  • Notice in indictment
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International criminal law

THE PROSECUTOR v. Francois KARERA

The Chamber found that Karera ordered and instigated killings and destruction of Tutsi homes in Nyamirambo, instigated and directly participated in the assault on Ntarama Church on 15 April 1994, and instigated killings and weapon distribution in Rushashi, while the alibi did not create a reasonable doubt as to his presence at the relevant events. It convicted him of genocide, extermination as a crime against humanity, and murder as a crime against humanity, but acquitted him of complicity in genocide and did not base conviction on superior responsibility.

  • Genocide
  • Complicity in genocide
  • Extermination
  • Murder
  • Superior responsibility
  • Alibi
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International criminal law

The Prosecutor v. Elizaphan Ntakirutimana and Gérard Ntakirutimana

Trial Chamber I convicted Elizaphan and Gérard Ntakirutimana for crimes arising from the Mugonero and Bisesero events and imposed prison terms of 10 and 25 years.

  • Genocide
  • Complicity in genocide
  • Conspiracy to commit genocide
  • Crimes against humanity
  • Violations of article 3 common to the geneva conventions and of additional protocol ii
  • Superior responsibility
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International criminal law

The Prosecutor v. Clément Kayishema and Obed Ruzindana

The Appeals Chamber held the Prosecutor’s appeal and response briefs inadmissible for lateness, and dismissed the challenges by Kayishema and Ruzindana.

  • Admissibility of appeal briefs
  • Fair trial
  • Independence of tribunal
  • Equality of arms
  • Presumption of innocence
  • Adversarial principle
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International criminal law

The Prosecutor v. Georges Anderson Nderubumwe Rutaganda

Trial Chamber I convicted Georges Rutaganda of genocide and crimes against humanity, acquitted him on Common Article 3 counts, and sentenced him to life imprisonment.

  • Individual criminal responsibility
  • Cumulative charges
  • Evidentiary assessment
  • Alibi
  • Sentencing
  • Genocide
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International criminal law

The Prosecutor v. Clement Kayishema and Obed Ruzindana

Trial Chamber II of the ICTR held that genocidal killings occurred at multiple Kibuye sites in 1994 and convicted Kayishema and Ruzindana of genocide.

  • Command responsibility
  • Individual criminal responsibility
  • Alibi defense
  • Eyewitness reliability
  • Cumulation of charges
  • Common article 3
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Rwanda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.