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Rutaganira: The Prosecutor v. Vincent Rutaganira

Judgement and Sentence, 14 Mar 2005, International Criminal Tribunal for Rwanda (Trial Chamber III), Tanzania

From 1985 to 1994, Vincent Rutaganira was conseiller communal (councilor)of Mubuga sector in Kibuye prefecture. On 6 May 1996, the Prosecutor of ICTR charged him with seven counts including genocide, conspiracy to commit genocide, murder, extermination and other inhumane acts as crimes against humanity, as well as war crimes.

On 7 December 2004, the Prosecutor and the Accused reached an agreement, pursuant to which the latter pleaded guilty to count 16 of the indictment charging him with extermination by omission as a crime against humanity for the massacres against Tutsi civilians at Mubuga church between 14 and 17 April 1994. The Trial Chamber acquitted the Accused on the other charged for lack of evidence.

The Chamber sentenced Rutaganira to 6 years of imprisonment. It took into consideration several mitigating factors including his voluntary surrender to the Tribunal in March 2002, his guilty plea, his good behaviour while in detention, his advanced age of 60 and his ill health. The Chamber further took into account the Accused’s expression of remorse, the assistance he had provided to some victims in Mubuga sector, as well as the lack of previous criminal record.  


Semanza: Laurent Semanza v. The Prosecutor

Judgement, 20 May 2005, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania

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. 


Delić: Prosecutor v. Rasim Delić (TC)

Judgment (public), 15 Sep 2008, International Criminal Tribunal for the former Yugoslavia (ICTY) Trial Chamber I, The Netherlands

In 1992, the so-called Mujahedin forces joined the military struggle of the Army of Bosnia and Herzegovina against the Serbian forces. During three incidents between 1993 and 1995, the Mujahedin forces maltreated and killed both civilians and soldiers of the adversaries. 

Trial Chamber I found that these acts amounted to war crimes in the meaning of Article 3 of the ICTY Statute. 

When considering whether Rasim Delić could be held responsible for failing to prevent and punish these crimes, the Chamber found that he was guilty only with respect to the cruel treatment of captured Serb soldiers during the Livade incident. It found Delić not guilty with respect to the incident of Bikoši due to the lack of superior-subordinate relationship between those who committed the crimes and Delic. Responsibility for the last incident – in Kesten – was also rejected due to Delić's lack of reason to know that the crimes were about to be committed. 

Delić received a sentence of three years of imprisonment.


Nchamihigo: Siméon Nchamihigo v. The Prosecutor

Judgement, 18 Mar 2010, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania

In 1994, Simèon Nchamihigo was a Deputy Prosecutor in Cyangugu prefecture, Rwanda.

On 18 March 2010, the Appeals Chamber of the ICTR reversed the Accused’s convictions rendered by Trial Chamber III on 24 September 2008 for genocide and murder as a crime against humanity for aiding and abetting the killing of Joséphine Mukashema, Hélène and Marie. The Appeals Chamber also quashed his conviction for genocide for instigating the killings at Shangi parish and Hanika parish. It also reversed his convictions for genocide and extermination as a crime against humanity in relation to instigating the massacre at Mibilizi parish and hospital and the massacre at Nyakanyinya school.

The Appeals Chamber affirmed Nchamihigo’s convictions for genocide and extermination as a crime against humanity for instigating killings, including those of Karangwa, Dr. Nagafizi and Ndayisaba’s family on or about 7 April 1994 and for instigating the massacre in Gihundwe sector on 14 or 15 April 1994. It also affirmed his conviction for other inhumane acts as a crime against humanity for ordering the attack on Jean de Dieu Gakwandi and for genocide and murder as a crime against humanity for instigating the killing of Father Boneza.

The Appeals Chamber reduced Nchamihigo's sentence from life imprisonment to forty years' imprisonment.


Delić: The Prosecutor v. Rasim Delić (AC)

Decision on the Outcome of the Proceedings (public), 29 Jun 2010, International Criminal Tribunal for the former Yugoslavia (ICTY) Appeals Chamber, The Netherlands

On 15 September 2008, Trial Chamber I found Delić guilty of war crimes for his role in the events in the Livade and Kamenica Camps between July and August 1995. Delić appealed the decision but died before the Appeals Chamber could issue a judgment on his appeal. 

The Chamber was faced with two questions. First, whether the death of Delić will terminate the appeals proceedings, and second, whether this termination will render the Trial Chamber's initial judgment final. 

With regard to the first issue, the Chamber found that it only has jurisdiction when the persons before it are natural persons which implies that they are alive. This means that the death of the appellant will terminate the appeal. As concerns the second issue, now that no appeal judgment could be rendered in this trial because of the death of the appellant, the trial judgment remains in force.


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