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Rwanda decisions
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Urukiko Rukuru rwahamije Mugesera ibyaha byo kuba icyitso cya jenoside, gutoteza no kubiba urwango rushingiye ku bwoko, rumuhanisha igifungo cya burundu.
Appeal judgment on delay, disclosure, notice, and mens rea in the Mugenzi and Mugiraneza case. The Chamber dismissed most procedural complaints but reversed key convictions.
Trial Chamber III of the ICTR delivered judgment and sentence in Karemera and Ngirumpatse on 2 February 2012.
Trial Chamber II in the Bizimungu et al. case addressed disclosure, notice, counsel, delay, alibi, witness credibility, and several genocide-related allegations.
The Chamber found that the Prosecution proved beyond reasonable doubt that Callixte Kalimanzira was individually criminally responsible for genocide and direct and public incitement to commit genocide, based on his acts of aiding, abetting, and instigating killings of Tutsis, his presence and tacit approval at key meetings, and his direct and public incitement at roadblocks and public gatherings. The Chamber found the accused's alibi and challenges to witness credibility unconvincing and determined that procedural defects did not materially prejudice the defence. The Chamber dismissed the cou…
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ICTR Trial Chamber III convicted Simon Bikindi of direct and public incitement to commit genocide and acquitted him on the remaining counts.
The Appeals Chamber held that the ICTR's temporal jurisdiction is limited to crimes committed in 1994, but evidence from outside this period may be considered for context or intent. The Chamber found that the Trial Chamber erred in convicting the appellants for certain crimes based on acts outside the temporal jurisdiction, for conspiracy to commit genocide, and for cumulative convictions under both Articles 6(1) and 6(3) for the same conduct. The Chamber affirmed that direct and public incitement to commit genocide is an inchoate crime and that hate speech, when part of a widespread or syste…
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The accused, through their roles as founders, owners, and managers of RTLM radio, Kangura newspaper, and the CDR party, intentionally used mass media and political organization to incite, conspire, and participate in the genocide of the Tutsi population and persecution of moderate Hutu. Their actions, including hate speech, publication of lists, calls for extermination, and organizational support for killings, constituted direct and public incitement to commit genocide, conspiracy to commit genocide, genocide, and crimes against humanity. The accused's positions of authority and failure to pr…
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