Rwanda Case Law

THE PROSECUTOR v. CASIMIR BIZIMUNGU, JUSTIN MUGENZI, JÉRÔME-CLÉMENT BICAMUMPAKA, PROSPER MUGIRANEZA

Court

International Tribunal for Rwanda

Case number

ICTR-99-50-T

The Appeals Chamber found that the Trial Chamber erred in concluding that the only reasonable inference from the evidence was that Mugenzi and Mugiraneza possessed the requisite mens rea for conspiracy to commit genocide and direct and public incitement to commit genocide. The circumstantial evidence did not exclude reasonable alternative explanations. Defects in the indictment regarding joint criminal enterprise were cured by timely, clear, and consistent notice. The Prosecution breached disclosure obligations under Rule 68 but resulting prejudice was minimal. The right to trial without undu…

Source excerpt

• Genocide
• Conspiracy
• Direct and public incitement
• Fair trial rights
• Disclosure obligations
• Joint criminal enterprise

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KALIMANZIRA v. THE PROSECUTOR (APPEAL JUDGMENT)

Court

International Tribunal for Rwanda

Case number

ICTR-05-88-A

The Appeals Chamber found that several convictions were unsafe due to insufficient notice, lack of credible evidence, or legal errors regarding the public nature of incitement. Only the conviction for aiding and abetting genocide at Kabuye hill was upheld, as the evidence established substantial contribution and knowledge of genocidal intent. The sentence was reduced to reflect the reversal of most convictions.

Source excerpt

• Genocide
• Aiding and abetting
• Instigation
• Direct and public incitement
• Fair trial rights
• Disclosure obligations

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SIMON BIKINDI v THE PROSECUTOR (APPEAL JUDGMENT)

Court

International Tribunal for Rwanda

Case number

ICTR-01-72-A

The ICTR Appeals Chamber dismissed both appeals and affirmed Simon Bikindi’s conviction for direct and public incitement to commit genocide and his 15-year sentence.

• Genocide
• Direct and public incitement
• Standards of appellate review
• Sentencing
• Evidence assessment
• Direct-and-public-incitement

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