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Ntawukulilyayo: Dominique Ntawukulilyayo v. The Prosecutor

Judgement, 14 Dec 2011, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania

Dominique Ntawukulilyayo was the sub-prefect of the Gisaraga sub-prefecture within Butare prefecture, in Rwanda, from 21 September 1990 until he left Rwanda in July 1994.

On 3 August 2010, the Trial Chamber of the ICTR convicted Mr. Ntawukulilyayo of genocide for ordering, as well as aiding and abetting, the killings of Tutsi civilians at Kabuye hill in April 1994. He was sentenced to 25 years of imprisonment.

Ntawukulilyayo appealed his conviction. On 14 December 2011, the Appeals Chamber of the ICTR acquitted him of the charge of ordering the killings at Kabuye hill. Nevertheless, the Appeals Chamber agreed with the Trial Chamber that the Accused was guilty of aiding and abetting genocide by instructing the refugees who had gathered at Gisaraga market to move to Kabuye hill, and by transporting soldiers who participated in the attack at Kabuye hill on 23 April 1994. His sentence was reduced to a term of 20 years of imprisonment.  


Muhimana: Mikaeli Muhimana v. The Prosecutor

Judgement, 21 May 2007, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania

Mikaeli Muhimana was the conseiller of Gishyita Sector in Kibuye Prefecture from 1990 through the genocide in 1994. On 28 April 2005, Trial Chamber III of the ICTR convicted Muhimana of genocide and crimes against humanity for instigating, committing, and abetting numerous crimes between April and June 1994 at various locations in Kibuye Prefecture. The Chamber sentenced him to life imprisonment.

By majority the Appeals Chamber allowed only two of Muhimana’s sixteen grounds of appeal challenging his convictions and sentence. The Appeals Chamber unanimously determined, however, that these errors did not invalidate any of Muhimana’s convictions and sentences for rape and murder given his numerous other crimes, including his role in five other killings and ten other rapes. The Appeals Chamber unanimously dismissed Muhimana’s remaining fourteen grounds of appeal. The Appeals Chamber confirmed the Accused’s convictions for genocide, rape and murder as crimes against humanity, as well as his sentence of imprisonment for the remainder of his life. 


Sesay et al.: The Prosecutor v. Issa Hassan Sesay, Morris Kallon and Augustine Gbao

Judgement, 25 Feb 2009, Special Court for Sierra Leone (Trial Chamber I), Sierra Leone

The armed conflict in Sierra Leone, from 1991 until 2002, opposed members of the Revolutionary United Front and Armed Forces Revolutionary Council to Civil Defense Forces, loyal to the ousted President Kabbah. The hostilities were characterised by brutality as civilians and peacekeepers were targeted. In particular, young women were forced to become ‘bush wives’ for rebels, and children were recruited not only to fight in the hostilities, but also as bodyguards, cooks, cleaners, and spies.

Trial Chamber I of the Special Court for Sierra Leone convicted Sesay, Kallon and Gbao, as high-ranking members of the RUF, for multiple counts of war crimes and crimes against humanity. In particular, this decision was the first time that an international criminal tribunal entered convictions for forced marriage as a crime against humanity separate from sexual slavery. The Chamber also defined active participation in hostilities broadly so that the crime of using children to actively participate in the hostilities would extend to more children in different roles, for which their perpetrators could be punished. 


Rukundo: The Prosecutor v. Emmanuel Rukundo

Judgement, 27 Feb 2009, International Criminal Tribunal for Rwanda (Trial Chamber II), Tanzania

Emmanuel Rukundo was born on 1 December 1959 in Mukingi Community, Rwanda. In February 1993, Rukundo, an ordained priest, was appointed as a military chaplain for the Rwandan army, a position he maintained throughout the genocide in 1994.

On 27 February 2009, Trial Chamber II of the ICTR found him guilty of genocide, murder and extermination as crimes against humanity and sentenced him to 25 years' imprisonment. The conviction was based on the participation of the Accused in the killings of Tutsi civilians in the Gitarama prefecture. In mid-April 1994, Rukundo, with soldiers of the Rwandan army abducted and killed Madame Rudahunga and severely beat and injured her two children. He was present during the commission of this crime and the soldiers acted under his authority. In addition, between mid-April and the end of May 1994, on at least four occasions Rukundo was found to have played an integral role in the abduction and subsequent killing of Tutsi refugees from the St. Léon Minor Seminary. He was also found guilty of sexually assaulting a young Tutsi woman.

Rukundo’s stature as a well-known priest in the community and the fact that he was an educated person were considered by the Chamber as aggravating factors. He was sentenced to 25 years' imprisonment.


Munyeshyaka: Procureur Général v. X. / General Prosecutor v. X. (Wenceslas Munyeshyaka)

Décision, 6 Jan 1998, Cour de Cassation, Chambre Criminelle, France


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