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From 1975 until 1979, the notorious Khmer Rouge ruled the Democratic Republic of Kampuchea, now Cambodia. The accused, Pol Pot and Ieng Sary were Prime Minister and Deputy Prime Minister under the regime whose conduct resulted in the deaths of some 3 million people, or 40% of the entire population. Supporters of the former regime including soldiers, officials and civil servants, as well as those perceived to be a threat including students, intellectuals, professors, scientists, opposition organisations were brutally exterminated on a massive scale. The entire population of several cities, including the capital Phnom Penh, were forcibly evacuated from their homes, their property was stolen by the state and they were left to die of starvation and disease. Approximately 4 million persons were herded into “commues”, disguised concentration camps in which men, women and children above the age of 10 were put to hard labour. Tens of thousands were brutally tortured by members of the regime, their bodies cut open, subject to electroshock and live surgery. Forced marriages and rape were common place. Children were either put to death in brutal and vicious ways or recruited into armed units to fight. The regime was finally overthrown by Vietnam in January 1979 and the Revolutionary Council established a special tribunal, the Revolutionary People’s Tribunal.

By the present decision, the tribunal convicted Pol Pot and Ieng Sary of genocide and sentenced them to death. Unfortunately, the value of the decision is merely symbolic as the trials were held without the presence of the accused. Pol Pot died in 1998; Ieng Sary is currently on trial before the Extraordinary Chambers in the Courts of Cambodia for genocide. 

The present case concerned two Accused, Clement Kayishema and Obed Ruzindana. Kayishema, born in Kibuye Prefecture, Rwanda, was educated as a medical doctor and elected prefect of Kibuye in July 1992, a position which he held until July 1994. Ruzindana was also born in Kibuye prefecture and was a successful businessman.

The Prosecution charged Kayishema with genocide, crimes against humanity (murder, extermination, other inhumane acts) and war crimes for his role in the massacre at the Catholic Church and Home St. Jean on 17 April 1994, in the massacre at the Stadium in Kibuye Town on about 18 April 1994, in the massacre at the Church in Mubuga on about 14 April 1994 and in the massacres in the area of Bisesero from about 9 April 1994 through 30 June 1994. The Prosecution charged Ruzindana with genocide, crimes against humanity (murder, extermination and other inhumane acts) and war crimes for his role in the massacres in Bisesero.

On 21 May 1999, Trial Chamber II of the ICTR convicted Kayishema and Ruzindana on the counts of genocide and dismissed the other counts. The Chamber sentenced Kayishema to life imprisonment and Ruzindana to 25 years' imprisonment.