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Rwanda Case Law

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Criminal law RLR V.2 -2021

PROSECUTION v. MUGESERA

The Court of Appeal upheld Mugesera Léon’s conviction for public and direct incitement to genocide and persecution, while setting aside a separate hatred conviction.

  • Genocide
  • Crimes against humanity
  • Incitement to genocide
  • Persecution
  • Right to fair trial
  • Presumption of innocence
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Criminal law

UBUSHINJACYAHA v. MUGESERA

Urukiko Rukuru rwahamije Mugesera ibyaha byo kuba icyitso cya jenoside, gutoteza no kubiba urwango rushingiye ku bwoko, rumuhanisha igifungo cya burundu.

  • Genocide
  • Direct and public incitement to commit genocide
  • Conspiracy to commit genocide
  • Complicity through instructions and weapons
  • Persecution as a crime against humanity
  • Incitement to ethnic hatred
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International criminal law ICTR-98-41-T

THE PROSECUTOR v THÉONESTE BAGOSORA AND ANATOLE NSENGIYUMVA

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…

  • Genocide
  • Crimes against humanity
  • War crimes
  • Command responsibility
  • Superior responsibility
  • Conspiracy
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International criminal law ICTR-01-72-T

THE PROSECUTOR v. SIMON BIKINDI

ICTR Trial Chamber III convicted Simon Bikindi of direct and public incitement to commit genocide and acquitted him on the remaining counts.

  • Genocide
  • Direct and public incitement to commit genocide
  • Crimes against humanity
  • Freedom of expression
  • Persecution
  • Murder
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International criminal law ICTR-99-52-T

THE PROSECUTOR V. FERDINAND MAHIMANA, JEAN-BOSCO BARAYAGWIZA AND HASSAN NGEZE

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…

  • Genocide
  • Crimes against humanity
  • Direct and public incitement to commit genocide
  • Conspiracy to commit genocide
  • Complicity in genocide
  • Extermination
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