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Munyakazi: The Prosecutor v. Yussuf Munyakazi

Judgement and Sentence, 5 Jul 2010, International Criminal Tribunal for Rwanda (Trial Chamber I), Tanzania

During the Rwandan genocide of 1994, Yussuf Munyakazi was a farmer in Bugarama commune (community), Cyangugu prefecture. Relying on his alleged acts in Cyangugu prefecture, the Prosecution charged Munyakazi with three counts, namely, genocide, or, in the alternative, complicity in genocide, and extermination as a crime against humanity.

The Trial Chamber of the ICTR delivered its judgment on 30 June 2010. It found that Munyakazi had been a leader in the incidents that had taken place at Shangi parish on 29 April 1994 and Mibilizi parish on 30 April 1994 and that he was responsible for the deaths of 5,000 Tutsi civilians. As a result, the Chamber convicted him for genocide and extermination as a crime against humanity and sentenced him to 25 years of imprisonment.  


Jević et al.: The Prosecutor v. Jević et al.

Verdict at First Instance, 25 May 2012, State Court of Bosnia & Herzegovina (War Crimes Chamber), Bosnia and Herzegovina

In October 1991, the Republic of Bosnia and Herzegovina declared independence from Yugoslavia resulting in a civil war between the Bosnian Serbs and the Bosniaks (Bosnian Muslims) in order to gain control of territory. The enclave of Srebrenica, near the border with Serbia, became a refuge for Bosniak civilians from nearby areas a Bosnian Serb forces obtained greater control over the surrounding area. A UN peacekeeping compound was based at Potocari in Srebrenica composed of lightly armed Dutch peacekeepers who were entrusted with keeping the area free from attack.

From 6 to 8 July 1995, Bosnian Serb forces attacked the Srebrenica enclave and shelled the township and on 11 July 1995, Bosnian Serb troops entered Srebrenica unopposed.

The Bosnian Serb troops proceeded to separate the women, children and elderly men from the military aged and able bodied males. The former group were loaded onto buses and transported to areas under the control of the Bosnian Serb Army. The men were hoarded onto separate buses and, in the coming days, were detained and summarily executed by members of the VRS (Republika Srpska Army) and police units including the 1st Company of the Jahorina Training Center of the Special Police Brigade of the MUP RS (Republika Sprska Ministry of the Interior). Some 40,000 people were forcibly transferred and between 7000 and 8000 men were executed.

Duško Jević, Mendeljev Đurić, Goran Marković and Nedo Ikonić all occupied leadership positions within the Jahorina Training Center with Jević being the overall Commander. The War Crimes Chamber of the State Court of Bosnia & Herzegovina convicted Jević and Đurić of genocide for their participation in Srebrenica and sentenced them to 35 and 30 years’ imprisonment respectively. Marković and Ikonić were acquitted. 


Mushikiwabo et al. v. Barayagwiza

Memorandum Opinion and Order, 9 Apr 1996, United States District Court for the Southern District of New York, United States

Jean Bosco Barayagwiza was leader of the Rwandan Hutu political party known as the Coalition pour la Défense de la République (CDR). CDR militia, under his leadership, participated in the 1994 torture and massacre of thousands of Rwanda's Tutsi minority, as well as moderate members of the Hutu majority.

Barayagwiza was also the owner and board member of radio station RTLM, which encouraged the violence against the Tutsi by broadcasting messages of hate stating that the Tutsi were "the enemy", "traitors," and "deserved to die”.

A lawsuit for damages was filed against Barayagwiza by individuals related to persons who died in the massacres. On 9 April 1996, the District Court of New York ordered the award of $500,000 per relative for pain and suffering, $1,000,000 in punitive damages per relative victim, in addition to the $5,000,000 requested for each plaintiff.


Akayesu: The Prosecutor v. Jean-Paul Akayesu

Judgement / Sentence, 2 Sep 1998, International Criminal Tribunal for Rwanda (Trial Chamber I), Tanzania

The present judgment constitutes the first-ever judgment by an international court for the crime of genocide. The Accused, Jean-Paul Akayesu, was the Bourgmestre (mayor) of Taba and was indicted on 15 counts of genocide, crimes against humanity and violations of Article 3 common to the Geneva Conventions and Additional Protocol II thereto.

On 2 September 1998, Trial Chamber I of the ICTR unanimously found Akayesu guilty of nine out of the 15 counts on which he was charged, and not guilty of six counts in his Indictment. Specifically, he was found guilty of genocide, direct and public incitement to commit genocide, and crimes against humanity (extermination, murder, torture, rape, and other inhumane acts).

The Trial Chamber found that the aggravating factors far outweighed the mitigating factors, especially in light of the fact that Akayesu had consciously chosen to participate in the genocide. For this reason, the Chamber imposed several terms of imprisonment on Akayesu, noting that each sentence should be served concurrently. Hence, it directed that he should serve a single sentence of life imprisonment.  


Seromba: The Prosecutor v. Athanase Seromba

Judgement, 12 Mar 2008, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania

During the Rwandan genocide Athanase Seromba was a Catholic priest at Nyange parish, Kibuye Prefecture. On 13 December 2006, Trial Chamber III of the ICTR convicted the Accused of aiding and abetting genocide and crimes against humanity against Tutsi refugees who had sought refuge at Nyange parish in order to escape attacks. The Trial Chamber also found that Seromba had assisted in the killing of Tutsi refugees as well as in the commission of acts causing serious bodily or mental harm. Thus, the Chamber convicted him of aiding and abetting the crimes of genocide and extermination as a crime against humanity and sentenced him to 15 years of imprisonment.

Both the Accused and the Prosecution appealed the Trial judgment. On 12 March 2008, the Appeals Chamber overturned the conviction of the Accused for aiding and abetting genocide and extermination as a crime against humanity and substituted convictions for committing genocide and extermination as a crime against humanity for his role in the destruction of the church in Nyange Parish causing the death of approximately 1,500-2,000 Tutsi refugees sheltering inside. The Chamber increased Seromba's sentence to life imprisonment.  


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