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Ntabakuze: Aloys Ntabakuze v. The Prosecutor

Judgement, 8 May 2012, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania

Aloys Ntabakuze is an ex-Commander of the Rwandan Para-Commando Battalion. On 18 December 2008 the Tribunal found him guilty of genocide, crimes against humanity, namely murder, extermination, persecution and other inhumane acts, and serious violations of Article 3 common to the Geneva Conventions and of Additional Protocol II (violence to life). He appealed the judgment on 37 grounds. The Appeals Chamber agreed with the Trial Chamber’s ruling that Ntabakuze was guilty as a superior for the participation of members of the Para-Commando Battalion in the killings committed at Nyanza hill on 11 April 1994 and at IAMSEA around 15 April 1994. However, the Chamber reversed Ntabazuke’s convictions for stopping the refugees killed at Nyanza hill from seeking sanctuary and for the killings in Kabeza on 7 and 8 April 1994, as well as for murder as a crime against humanity. The Appeals Chamber also set aside the Trial Chamber’s finding of Ntabakuze’s responsibility for the crimes committed by militiamen. Thus, his sentence to life imprisonment was reversed and he was sentenced to 35 years of imprisonment instead.


Hategekimana: Ildephonse Hategekimana v. The Prosecutor

Judgement, 8 May 2012, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania

Ildephonse Hategekimana was born in Mugina Commne, Gitarama Prefecture, Rwanda. In 1994, during the events in Rwanda, he held the rank of lieutenant in the Rwandan army. As determined by Trial Chamber II of the Tribunal, during the relevant period covered by the indictment, Hategekimana was the commander of the Ngoma Military Camp in Butare Prefecture.

On 7 September 2007, the Prosecutor of the Tribunal requested the transfer of Hategekimana’s case for trial before Rwandan courts. On 19 June 2008 the Chamber rejected the request due to fears that the Accused would not receive a fair trial in Rwanda. Therefore, the case was tried before Trial Chamber II of the ICTR. On 16 March 2009, Hategekimana was found guilty by the Trial Chamber of genocide, murder as a crime against humanity and rape as a crime against humanity for his role in ordering the killing of Tutsi refugees at the Ngoma church. He was sentenced to life imprisonment.

Hategekimana appealed the Trial judgment on seven grounds, challenging his convictions and his sentence. The Appeals Chamber dismissed all grounds of Appeal and affirmed Hategekimana’s sentence of life imprisonment. 


Cvjetković: The Prosecutor's Office of Salzburg v. Duško Cvjetković

Spruch (Verdict) on jurisdiction, 13 Jul 1994, Supreme Court, Austria


Bizimana: Le Ministère Public v. Déogratias Bizimana

Arrêt / Decision, 4 Apr 1997, Cour d'Appel de Kigali, Rwanda


Gatorano : Le Ministère Public v. Jérémie Gatorano

Arrêt de la Cour d'Appel de Nyabisindu du 21 mai 1997, 21 May 1997, Cour d'Appel de Nyabisindu, Rwanda


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