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Rwanda decisions
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The Supreme Court upheld Habyarabatuma Cyriaque’s conviction for superior responsibility, holding he knew or should have known of the risk to refugees and failed to act.
The Appeals Chamber found that, except where notice was lacking and not cured, the indictments and subsequent disclosures provided sufficient notice of the charges and material facts. Convictions were upheld where evidence established guilt beyond reasonable doubt for the pleaded crimes and modes of liability. Where convictions were based on unpleaded or insufficiently notified conduct, or where evidence was lacking, convictions were reversed. Sentences were reduced where undue delay or errors in aggravating factors were found, but otherwise reflected the gravity of the crimes and individual…
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Trial Chamber III of the ICTR delivered judgment and sentence in Karemera and Ngirumpatse on 2 February 2012.
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…
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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 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…
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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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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…
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