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Rwanda Case Law

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International criminal law ICTR-98-41-A

THÉONESTE BAGOSORA AND ANATOLE NSENGIYUMVA V. THE PROSECUTOR

Court
International Tribunal for Rwanda
Case number
ICTR-98-41-A

The Appeals Chamber found that many of the convictions were based on charges not properly pleaded in the indictment and not cured by post-indictment materials, requiring reversal of those convictions. The Chamber affirmed that superior responsibility requires proof of effective control and knowledge, and that the evidence did not support findings of ordering or knowledge for several incidents. The Chamber found that the failure to enforce a subpoena for a key defence witness violated fair trial rights but was remedied by hearing the witness on appeal. Cumulative convictions for murder and ext…

Source excerpt

  • Genocide
  • Crimes against humanity
  • War crimes
  • Superior responsibility
  • Fair trial rights
  • Appellate review
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International criminal law ICTR-98-41-T

THE PROSECUTOR v THÉONESTE BAGOSORA AND ANATOLE NSENGIYUMVA

Court
International Tribunal for Rwanda
Case number
ICTR-98-41-T

The Chamber found that Bagosora, Ntabakuze, and Nsengiyumva exercised superior responsibility over subordinates who committed genocide, crimes against humanity, and war crimes, and that they ordered, aided, or abetted specific massacres and attacks against Tutsi civilians and political opponents. The Chamber acquitted all accused of conspiracy to commit genocide, finding the evidence insufficient to prove an agreement to commit genocide prior to 7 April 1994. Kabiligi was acquitted of all charges due to lack of evidence of command authority or direct involvement. The Chamber imposed life impr…

Source excerpt

  • Genocide
  • Crimes against humanity
  • War crimes
  • Command responsibility
  • Superior responsibility
  • Conspiracy
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International criminal law ICTR-97-20-T

THE PROSECUTOR V. LAURENT SEMANZA TRIAL JUDGMENT

Court
International Tribunal for Rwanda
Case number
ICTR-97-20-T

The Chamber found that Laurent Semanza was criminally responsible as an accomplice (aiding, abetting, instigating) for complicity in genocide and for crimes against humanity (extermination, rape, torture, murder) based on his substantial assistance and encouragement to principal perpetrators in the massacres at Musha church and Mwulire Hill, and for instigating rape, torture, and murder in specific incidents. The Chamber found insufficient evidence to convict him as a principal perpetrator or as a superior, or for certain other counts due to vagueness or lack of proof. The sentence was set at…

Source excerpt

  • Genocide
  • Crimes against humanity
  • War crimes
  • Superior responsibility
  • Complicity
  • Sentencing
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.