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The three Accused in this case were charged with genocide, crimes against humanity, and serious violations of Article 3 Common to the Geneva Conventions and Additional Protocol II in connection with the massacres and other crimes committed in Cyangugu Prefecture in 1994.

Trial Chamber III of the ICTR sentenced Samuel Imanishimwe, former military commander in the Rwanda armed forces to 27 years in prison after convicting him on six counts of genocide, crimes against humanity and serious violations of Article 3 Common to the Geneva Conventions and of Additional Protocol II.

The Chamber found that Imanishimwe, as the commander of Karambo military camp, issued orders to soldiers authorizing the arrest, detention, mistreatment, and execution of civilians. He was also found criminally responsible for extermination and for failing to prevent or to punish his subordinate soldiers’ participation in the massacre at the Gashirabowba football field on 12 April 1994.

Imanishimwe was found guilty of genocide,; of murder, of extermination, of imprisonment, of torture as crimes against humanity, and of serious violations of Article 3 Common to the Geneva Conventions and of Additional Protocol II, count 13.

However, the Chamber acquitted both André Ntagerura, former Minister of Transport and Communications and Emmanuel Bagambiki, former Prefect of Cyangugu of similar charges.

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. 

Prior to becoming President of the greater Kigali branch of the Mouvement Révolutionnaire National pour la Démocratie er le Développement (MRND) political party in 1993, the Accused, Laurent Semanza, served as Bourgmestre (mayor) of Bicumbi commune. On 15 May 2003, Trial Chamber III of the ICTR found him guilty of complicity in genocide, extermination, torture and murder as crimes against humanity. Semanza submitted 22 grounds of appeal against his convictions. The Appeals Chamber dismissed his argument that he should be acquitted of all charges because the Trial Chamber was biased against him.

Instead, the Appeals Chamber accepted the Prosecutor’s argument and convicted Semanza for ordering, rather than aiding and abetting, the massacre of Tutsis at Musha church. Because the Accused had more serious culpability for the crimes at the church, the Appeals Chamber increased his sentence from 15 to 25 years  on Counts 7 and 13 of the indictment. More specifically, the Chamber affirmed the conviction for genocide charges and increased his sentence by 10 years for ordering the murder, torture and rape of Tutsi civilians at the church. The Appeals Chamber also reversed the Trial Chamber’s acquittal on the charges of serious violations of Common Article 3 and Additional Protocol II of the Geneva Conventions. Semanza was sentenced to a total of 35 years imprisonment. 

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.

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.