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Renzaho: The Prosecutor v. Tharcisse Renzaho

Judgement and Sentence, 14 Jul 2009, International Criminal Tribunal for Rwanda (Trial Chamber I), Tanzania

Tharcisse Renzaho, a former Rwandan Armed Forces Colonel, had been charged by the Prosecutor of the ICTR with genocide, or, in the alternative, complicity in genocide, crimes against humanity (murder and rape) and war crimes (murder and rape) for his role in the Rwandan genocide.

The Trial Chamber found the Accused guilty of genocide, murder and rape as crimes against humanity and murder and rape as war crimes. Specifically, the Chamber concluded that Renzaho had supported the killings of Tutsis at roadblocks, which were set up following his directives. It also found that he had ordered the distribution of weapons, and that were later used to kill Tutsis. In addition, the Accused had supervised a selection process at a refugee site called CELA, where about 40 Tutsis were abducted and killed. The Chamber further held that Renzaho had participated in an attack at the Sainte Famille church, where more than 100 Tutsis had been killed. He had also encouraged the sexual abuse of women and was found criminally liable for the rape that followed.

For his role in these events, the Chamber sentenced him to life imprisonment.


Kanyarukiga: The Prosecutor v. Gaspard Kanyarukiga

Judgement and Sentence, 1 Nov 2010, International Criminal Tribunal for Rwanda (Trial Chamber II), Tanzania

During the Rwandan genocide of 1994, Gaspard Kanyarukiga was a businessman who owned a pharmacy in the Nyange Trading Centre, located in Nyange secteur (area). He also owned a business in Kigali.

On 6 April 1994, following the death of President Habyarimana, thousands of Tutsi civilians took refuge at the Nyange Parish, located in the Kivumu community, and were subsequently attacked. These attacks culminated in the destruction of the Nyange Parish Church on 16 April 1994. At the time of the destruction of the Church, about 2000 Tutsi civilians were allegedly confined to the church and were killed during the destruction of the church.

On 6 June 2008 the Prosecution’s request to transfer Kanyarukiga’s case to the courts of Rwanda was denied due to fears that he would not receive a fair trial there.

For the role he played in these events, the Accused was charged by the Prosecutor of the ICTR with genocide or, alternatively, complicity in genocide, and extermination as a crime against humanity. The Trial Chamber convicted him for genocide and extermination and sentenced him to thirty years’ imprisonment.  


Nchamihigo: The Prosecutor v. Siméon Nchamihigo

Judgement and Sentence, 12 Nov 2008, International Criminal Tribunal for Rwanda (Trial Chamber III), Tanzania

During the Rwandan genocide, Siméon Nchamihigo was the Deputy Prosecutor in Cyangugu prefecture.

Nchamihigo was charged with genocide (Count 1), murder, extermination and other inhumane acts as crimes against humanity (Counts 2, 3, 4). On 24 September 2008, Trial Chamber III of the ICTR found that on 7 April 1994, the Accused told Interahamwe to search for and kill Tutsi with the intention to destroy the Tutsi ethnic group and other civilians who were RPF accomplices, as part of a widespread attack against civilians in Cyangugu. The Chamber also concluded that he had participated in various attacks on refugee locations, that he had attended the prefecture Security Council meetings on 11 and 14 April 1994, and that certain of the massacres had been planned during these meetings. Based on the findings, the Trial Chamber convicted Nchamihigo on all counts and sentenced him to life imprisonment. 


Sumner v. UK: Sumner v. United Kingdom of Great Britain and Others

Judgment No. S462, 2 Nov 1999, Supreme Court of South Australia, Australia

In this case, the plaintiff held that building a bridge to Hindmarsh in South Australia would impede on the culture and way-of-life of the Ngarrindjeri in such a dramatic way that it would lead to the destruction of this group. However, at that point, genocide was not a crime under Australian national law. The plaintiff therefore invoked legislation from the UK, arguing that application of this legislation was possible because of the fact that the UK preceded the current Commonwealth of Australia in governing the Australian continent and its adjacent islands. The judge did not accept this argument and reiterated that even when international law prohibits genocide, someone can only be found guilty of genocide if national legislation explicitly prohibits genocide. The claim was denied. Sumner was unsuccessful in appealing to this judgment. The full chamber of South Australia’s Supreme Court reiterated that the interlocutory appeal to prevent the start of constructing the bridge should be denied, as there was no serious case to be tried. It did so, most importantly, because the ‘underpinning’ of the case, the allegation that building the bridge was in essence a genocidal act, was not substantiated with referral to domestic law.


Ndindabahizi: The Prosecutor v. Emmanuel Ndindabahizi

Judgment and Sentence , 15 Jul 2004, International Criminal Tribunal for Rwanda (Trial Chamber I), Tanzania

The Accused, Emmanuel Ndindabahizi, had been appointed Minister of Finance in the Interim Government of Rwanda on 9 April 1994 and held the post until July 1994.

For his role in the events that took place at Gitwa Hill and at Gaseke roadblock, the Prosecution of the ICTR charged Ndindabahizi with three counts: genocide; extermination and murder as crimes against humanity. On 15 July 2004, Trial Chamber I of the Tribunal found Ndindabahizi guilty of genocide for instigating, facilitating and assisting attacks against Tutsi refugees who had gathered at Gitwa Hill on two occasions, namely on 23 and 24 April 1994. The Chamber also found him guilty of extermination as a crime against humanity for his actions at Gitwa Hill. In addition, the Chamber found him guilty of genocide and murder on the grounds that he had encouraged those manning Gaseke roadblock to kill Tutsi and that he had provided them with material assistance. The Trial Chamber sentenced Ndindabahizi to life imprisonment. 


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