International criminal tribunal for rwanda, september 2, 1998. As mayor, akayesu was responsible for performing executive functions and maintaining order in taba, meaning. The first judicial recognition of the concept was kadic v. Introduction the international criminal tribunal for rwanda ictr and the international criminal tribunal for yugoslavia icty were the first international judicial bodies after nuremberg to determine. Genocidal conflict in rwanda and the ictr netherlands. The jurisprudence of the international criminal tribunal for rwanda ictr has properly focused on the special intent dolus specialis to destroy a. Trial chamber i ictr published on by oxford university press. Genocidal conflict in rwanda and the ictr springerlink. The eight ictr cases to date in which defendants have been tried for sexual violations, including rape, are akayesu, ictr 964 t, judgment. Protective measures for witnesses to crimes alleged in. Retribution and deterrence ictrictyirmct case law database. Tharcisse muvunyi is issued by trial chamber ii the chamber of the international criminal tribunal for rwanda the. Applicability of common article 3 and additional protocol ii. Ictr964t, motion on behalf of prosecutors for orders for.
The international criminal tribunal for rwanda ictr is the first international. Ictr 96 4 t judgement the office of the prosecutor. Filings for this case in the judicial records and archives database. Rohol, the united nations international criminal tribunal for rwanda,in genocide at the millennium. Claude jorda, presiding lal chand vohrah mohamed shahabuddeen rafael nietonavia fausto pocar. A list of designations and abbreviations used in this appeals judgment is included in annex c. Akayesu judgment was the first in which an international tribunal was called upon to interpret the definition of genocide set forth in the genocide convention. Urukiko mpanabyaha mpuzamahanga rwashyiriweho u rwanda was an international court established in november 1994 by the united nations security council in resolution 955 in order to judge people responsible for the rwandan genocide and other serious violations of. This pioneering opinion marks the first time an international criminal tribunal has tried and convicted an individual for genocide and international crimes of sexual violence. International criminal tribunal for rwanda tribunal penal. He was the mayor of taba commune in gitarama prefecture from april 1993 until june 1994. Defining the four protected groups in 1998, with the judgment against akayesu ictr, the.
The case arose out of the massacres of perhaps a million tutsi in rwanda in. Ictr 96 4 t, 2 september 1998 and sentencing judgment, the prosecutor v. Juvenal kajelijeli, ictr9844i, decision of 7 december, seeking to disqualify judge kama and judge sekule. Related documents the prosecutor of the tribunal against jeanpaul akayesu sentencing judgement cite as. Unresolved jurisprudence of crime against humanity under article 7 of the rome statute of the international criminal court. Gender crimes and crimes of sexual violence are no longer as invisible as they once were thanks largely to the work of.
The icty appeals chamber has developed the test that t. Archives united nations international residual mechanism. Jeanpaul akayesu ictr96 4 t, judgement of the trial chamber of 2 september 1998. The case law database cld is a gateway to the jurisprudence of the ictr, icty, and irmct appeals chambers it provides direct access to extracts of key judgements and decisions rendered by the ictr, icty, and irmct appeals chambers since their inception, as well as to fulltext versions of the corresponding appeal judgements and decisions. The crime of genocide in the ictr jurisprudence, journal of international criminal justice, volume 3. Ictr96 4 t, 2 september 1998 and sentencing judgment, the prosecutor v.
As noted above, this case was historic for many reasons, including its recognition of rape as an act of genocide and. Prosecutor v akayesu jean paul, sentencing judgment. The indictment against jeanpaul akayesu was submitted by the prosecutor on. The four 1949 geneva conventions and the 1977 additional protocol i thereto generally apply to international armed conflicts only, whereas article 3 common to the geneva conventions extends a minimum threshold of humanitarian protection as well to all persons affected by a noninternational conflict, a. Ictr9617 international criminal tribunal for rwanda. The akayesu case before the international criminal tribunal for rwanda. In this sense, the rwandan pend code provides that direct and public incitement or. Trial chamber of the international criminal tribunal for rwanda composed of judge laity kama presiding, judge lennart aspegren and judge navanethem pillay is in session today, friday 2 october, 1998 to pronounce the sentence in the matter of the prosecutor versus jeanpaul akayesu. Juvenal kajelyeli, ictr9844i, decision of 7 december, seeking to disqualify judge kama and judge sekule. Memorandum ictr prosecutor erin mcbee, new england school of law jeanpaul akayesu, case no. Jeanpaul akayesu born 1953, taba, rwanda is a former teacher, school inspector, and republican democratic movement mdr politician from rwanda. Akayesu was denied the right to a competent counsel. Ictr964 t, 2 september 1998 and sentencing judgment, the prosecutor v. Under the ictrs statute, ngeze was convicted under article 61, which provides for individual responsibility for someone who planned, instigated, ordered, committed or otherwise aided and abetted in the planning, preparation or.
The prosecution of incitement to genocide in south africa. Legacy website of the international criminal tribunal for rwanda. International criminal tribunal for rwanda, the prosecutor v. Related documents the prosecutor of the tribunal against jeanpaul akayesu sentencing. Order for continued detention awaiting trial, the prosecutor v. In akayesu the trial chamber also defined rape and sexual violence, id. Rape as an instrument of genocide and a crime against humanity. Ictr96 4 t, motion on behalf of prosec utors for orders for protective measures for witnesses to crimes alleged in counts 1 through 12 of the indict ment aug. The international criminal tribunal for rwanda ictr has been widely acclaimed for its landmark decision in akayesu, where, for the first time in history, an accused was convicted of not only genocide, but rape as an instrument of that genocide. Matthieu ngirumpatse, ictr98441, decision of 18 november 1999. Guest lecture series of the office of the prosecutor. Punishment for violations of international criminal law.
Crime of genocide in the ictr jurisprudence journal of. Gender crimes jurisprudence in the ictr journal of. Under the ictrs statute, ngeze was convicted under article 61, which provides for individual responsibility for someone who planned, instigated, ordered, committed or otherwise aided and abetted in the planning, preparation or execution of a crime under the ictr. The evolving jurisprudence of the crime of rape in. Gender crimes and crimes of sexual violence are no longer as invisible as they once were thanks largely to the work of feminist scholars, practitioners, and activists, and. Matthieu ngirumpatse, ictr9844i, decision of 18 november 1999. Akayesu ictr 964 t, trial chamber i, 2 september 1998.
Considering that jeanpaul akayesu was convicted of genocide, crime against humanity, direct and public incitement to commit genocide. Jeanpaul akayesu born 1953, taba, rwanda is a former teacher, school inspector, and. More generally, the judges affirm that, as stated in article 3 of the ictrs statute, a. Jean paul akayesu, born in 1953 in murehe sector, taba commune, served as bourgmestre of that. Gratien kabiligi, ictr9734 t, decision of 4 november 1999, seeking to disqualify judge sekule. The case arose out of the massacres of perhaps a million tutsi in.
Akayesu included in its statements that genocide is the crime of all crimes. The akayesu trial began on 9 january 1997 and, on 2 september 1998, the ictr rendered its judgment, the first such judgment of the rwanda tribunal. Ictr964 t, motion on behalf of prosec utors for orders for protective measures for witnesses to crimes alleged in counts 1. Sluiter eds annotated leading cases of international criminal tribunals, the international criminal tribunal for rwanda, volume 24, page 583. Jeanpaul akayesu ictr964 t, judgement of the trial chamber of 2 september 1998. Judgment case no ictr964 t, 2 september 1998 hereafter akayesu. The prosecutor of the tribunal against jeanpaul akayesu. The international criminal tribunal for rwanda ictr. International criminal tribunal for rwanda wikipedia. National tribunals for this study include both the tribunals in cambodia and argentina, and portray the impact of genocides primacy at a. Prosecutor v akayesu jean paul, sentencing judgment, case. See akayesu, ictr 96 4 t, judgment, 73234, for the decision of the first international court to embrace the insight. See basebya district court of the hague, case no 0974800409, 1 march 20. Miller, from the international criminal tribunal for rwanda to the inter national criminal court.
1183 157 930 38 1314 353 934 81 28 811 127 884 346 526 966 325 134 1438 342 1194 1523 793 963 179 824 857 1454 1532 735 861 192 1275 436 479 914 982 271 827 874 105 477 1033