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The Accused in the present case was Jean Kambanda, the former Rwandan Prime Minister. On 4 September 1998, he had pleaded guilty to genocide and crimes against humanity (murder and extermination) and Trial Chamber I of the ICTR had sentenced him to life imprisonment. He appealed against that sentence and later requested that his guilty plea be quashed and that he stand trial.

Before the Appeals Chamber, Kambanda argued that he had not been assigned the lawyer of his choice and that even when he finally did receive legal representation the assignment of the lawyer was influenced by the Prosecution. He also accused his defense counsel, Mr. Oliver Michael Inglis, of inadequate representation. In addition, he claimed that the Registry had organized his detention in facilities where he was isolated from other detainees and that he felt oppressed by these arrangements. The Prosecution pointed out that, for a while, Kambanda had refused any legal representation until the Registry told him that in the interest of justice he had to be represented by counsel. He subsequently requested the Registry, in writing, to assign Mr. Inglis as his defence counsel.

The Appeals Chamber dismissed all the grounds advanced by the Accused and upheld his sentence.

Following the death of Rwandan President Habyariamana in April 1994, ethnic tensions reignited the conflict in Rwanda between the Hutu and Tutsi populations.

The Accused in the present case, Sylvestre Gacumbitsi, was the mayor of Rusumo commune. He used his position of authority to meet with high ranking members within the commune and perpetuate a policy of extermination against the Tutsi population. He received weapons and distributed them to Hutus within the commune. He instigated the Hutu population to kill Tutsis and to rape Tutsi women. The International Criminal Tribunal for Rwanda convicted Gacumbitsi of genocide and the crimes against humanity of rape and extermination. He was sentenced to 30 years’ imprisonment. 

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. 

On 19 February 2003, Trial Chamber I of the ICTR had convicted a senior Pastor of the Seventh Day Adventist Church in Mugonero, Elizaphan Ntakirutimana, and his son Dr. Gérard Ntakirutimana, a medical practitioner. On 13 December 2004, the Appeals Chamber confirmed the sentences of 10 years and 25 years in prison, respectively, imposed by the Trial Chamber.

Specifically, the Appeals Chamber affirmed the conviction of Elizaphan Ntakirutimana for aiding and abetting genocide and convicted him for aiding and abetting extermination as a crime against humanity after reversing his acquittal for the events which occurred in Bisesero. However, the Appeals Chamber quashed his conviction for aiding and abetting genocide for his participation in events which occurred at Mugonero.

Regarding Gérard Ntakirutimana, the Appeals Chamber affirmed his conviction for genocide and convicted him for murder as a crime against humanity in relation to the killing of Charles Ukobizaba. The Appeals Chamber also convicted him for aiding and abetting extermination as a crime against humanity for the procurement of police officers and ammunition for the attack on the Mugonero complex. In addition, the Appeals Chamber affirmed his conviction for genocide in relation to events which occurred at Bisesero, but found that his responsibility was that of an aider and abettor. However, the Chamber set aside his conviction for murder as a crime against humanity under the Bisesero indictment.

The Defence and Prosecution appeals were dismissed in all other respects. 

On 28 April 2005, Trial Chamber III of the ICTR sentenced Mikaeli Muhimana to imprisonment for the remainder of his life. The Trial Chamber found Muhimana, a former conseiller of Gishyita Sector in Kibuye prefecture, guilty on three counts: genocide, rape as a crime against humanity and murder as a crime against humanity.

The Chamber found Muhimana guilty of murdering several Tutsi civilians, including a pregnant woman whom he had disembowelled in order to see what the foetus looked like. The Chamber found that Muhimana’s active participation in the decapitation of Assiel Kabanda, and the subsequent public display of his severed head also constituted an aggravating factor. The Accused was found criminally liable for committing and abetting rapes as part of a widespread and systematic attack against the Tutsi civilian population. He had personally raped several Tutsi women in his home and at other locations. He also raped a girl whom he believed to be Tutsi, and apologized to her when he later found out that she was, in fact, Hutu.