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Kamuhanda: Jean de Dieu Kamuhanda v. The Prosecutor

Judgement, 19 Sep 2005, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania

From late May until mid-July 1994 Jean de Dieu Kamuhanda was Minister of Higher Education and Scientific Research in the Interim Government of Rwanda. He was also a member of the Mouvement Républican National pour le Développement et la Démocratie (MRND) in Kigali-Rural préfecture.

On 22 January 2004, Trial Chamber II of the ICTR found Kamuhanda guilty of genocide and extermination as a crime against humanity. The Trial Chamber sentenced him to imprisonment for the remainder of his life. The Accused had supervised the killings in Gikomero commune, Kigali-Rural prefecture. He had distributed firearms, grenades and machetes to the Interahamwe militia. He had also led the attacks at the parish church and adjoining school in Gikomero, where several thousand Tutsi civilians were killed.

Kamuhanda raised 15 grounds of appeal. The Appeals Chamber of the ICTR dismissed the Trial Chamber’s finding that Kamuhanda had instigated and had aided and abetted genocide and extermination. However, the Appeals Chamber found that the Trial Chamber had correctly held Kamuhanda responsible for ordering genocide and extermination and ruled that vacating the findings that Kamuhanda had instigated and had aided and abetted the crimes did not require the imposition of a lighter sentence.


Simba: The Prosecutor v. Aloys Simba

Judgement and Sentence, 13 Dec 2005, International Criminal Tribunal for Rwanda (Trial Chamber I), Tanzania

In April 1994, in the days following the death of President Habyarimana, thousands of Tutsi civilians in Gikongoro prefecture in southern Rwanda fled their homes following attacks by Hutu militiamen. They sought sanctuary at places such as Kibeho Parish, Cyanika Parish, Murambi Technical School and Kaduha Parish. Hutu militiamen assisted by local officials and gendarmes launched attacks against them resulting in the death of a large number of Tutsi civilians.

The Accused, Aloys Simba, was a retired lieutenant colonel and former member of parliament. The Prosecution contended that Simba was one of the principal architects of these massacres, and therefore charged him with genocide (Count 1), complicity in genocide (Count 2), and extermination (Count 3) and murder (Count 3) as crimes against humanity. At the close of the trial, the Prosecution withdrew the charges of complicity in genocide and of murder as a crime against humanity.

On 13 December 2005, Trial Chamber I of the ICTR found Simba guilty of genocide and extermination as a crime against humanity for his participation in the aforementioned massacres and sentenced him to 25 years of imprisonment.    


Gacumbitsi: Sylvestre Gacumbitsi v. The Prosecutor

Judgement, 7 Jul 2006, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania

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

By a decision of 17 June 2004, the International Criminal Tribunal for Rwanda convicted Sylvestre Gacumbitsi, the former mayor of Rusumo commune, of genocide and crimes against humanity. In particular, the Trial Chamber found that Gacumbitsi had 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. On appeal by the Prosecution and the Defence, the Appeals Chamber had the occasion to clarify a number of important areas of law including the law applicable to instigation and rape as a crime against humanity. The Chamber dismissed all of Gacumbitsi’s grounds of appeal but entered new convictions for murder as a crime against humanity. Gacumbitsi’s sentence was increased to life imprisonment.


Muvunyi: The Prosecutor v. Tharcisse Muvunyi

Judgement and Sentence, 12 Sep 2006, International Criminal Tribunal for Rwanda (Trial Chamber II), Tanzania

Lieutenant Colonel Tharcisse Muvunyi was the former Commander of the Rwandan military school, École des sous-officiers (ESO). On 12 September 2006, Trial Chamber II of the ICTR found him guilty of genocide and crimes against humanity (other inhumane acts). The Chamber acquitted him of rape as a crime against humanity and of the alternative charge of complicity in genocide.

The Chamber took into account the gravity of the offences, the aggravating and mitigating factors and sentenced Muvunyi to 25 years of imprisonment.  Aggravating factors considered by the Chamber were the ethnic separation and subsequent killing of orphan children at the Groupe Scolaire by soldiers under the Muvunyi's command in collaboration with civilian militia. In addition, the fact that Muvunyi had chastised the bourgmestre (mayor) of the Nyakizu community for hiding a Tutsi man, who was later killed by an armed Hutu mob under Muvunyi’s instructions, was also considered an aggravating factor.

Mitigating factors taken into account were the good character of Muvunyi prior to 1994, his family status, the fact that he had spent most of his life working for the defence of his country and that he was regarded as a highly respected and devout person. 


Seromba: The Prosecutor v. Athanase Seromba

Judgement, 13 Dec 2006, International Criminal Tribunal for Rwanda (Trial Chamber III), 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 him of aiding and abetting genocide against Tutsi refugees who had sought refuge at Nyange parish in order to escape attacks committed against the Tutsis. 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.

The Trial Chamber considered the Accused’s authority as a respected Catholic priest, the trust he had from several Tutsi refugees who had taken shelter in his parish to elude massacres and his failure to live up to the trust of the refugees who thought their lives would be safe there as aggravating factors. Seromba’s good reputation prior to the events of 1994, his relative youth at the time of the events and his voluntary surrender to the Tribunal were considered mitigating factors. 


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