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The present judgment constitutes the first-ever judgment by an international court for the crime of genocide. The Accused, Jean-Paul Akayesu, was the Bourgmestre (mayor) of Taba and was indicted on 15 counts of genocide, crimes against humanity and violations of Article 3 common to the Geneva Conventions and Additional Protocol II thereto.

On 2 September 1998, Trial Chamber I of the ICTR unanimously found Akayesu guilty of nine out of the 15 counts on which he was charged, and not guilty of six counts in his Indictment. Specifically, he was found guilty of genocide, direct and public incitement to commit genocide, and crimes against humanity (extermination, murder, torture, rape, and other inhumane acts).

The Trial Chamber found that the aggravating factors far outweighed the mitigating factors, especially in light of the fact that Akayesu had consciously chosen to participate in the genocide. For this reason, the Chamber imposed several terms of imprisonment on Akayesu, noting that each sentence should be served concurrently. Hence, it directed that he should serve a single sentence of life imprisonment.  

The Accused, Alfred Musema, was director of the Gisovu Tea Factory in Kibuye Prefecture during the 1994 genocide in Rwanda. The Prosecutor alleged that on various occasions during April, May and June 1994, Musema transported armed attackers, including employees of the factory, to different locations in Gisovu and Gishyita communes and ordered them to attack Tutsis seeking refuge there. He also personally took part in such attacks and killings. The indictment against Musema was later amended to include charges that he committed various acts of rape and that he ordered and encouraged others to rape and kill Tutsi women.

With regard to certain allegations concerning specific attacks, Trial Chamber I of the ICTR found that either the evidence presented was not sufficient or that Musema's alibi cast doubt on the Prosecution evidence. The Chamber was satisfied nevertheless that Musema had participated in attacks at Gitwa Hill, Rwirambo Hill, Muyira Hill and at Mumataba during late-April and mid-May and his alibi for that period was not accepted. The Chamber also found that he had raped a woman named Nyiramusugi and, by his example, encouraged others to rape her. For these acts, the Trial Chamber found Musema guilty of genocide and crimes against humanity (extermination and rape) and sentenced him to life imprisonment.  

The Accused, Jean-Paul Akayesu, was the mayor of Taba, Rwanda. On 2 September 1998, Trial Chamber I of the Tribunal found him guilty of nine out of fifteen Counts charging him with genocide, crimes against humanity and violations of the Geneva Conventions in the first ever trial before the Tribunal. His was the first conviction ever for genocide and it was the first time that an international tribunal ruled that rape and other forms of sexual violence could constitute genocide. It was also the first conviction of an individual for rape as a crime against humanity.

Akayesu appealed against his convictions and the sentence imposed on him. His principal ground of appeal was that he had not been represented by counsel of his choice. The Prosecution also presented four grounds of appeal.

The Appeals Chamber held that the right of appeal for an indigent person to be represented by a lawyer free of charge did not imply the right to select the advocate to be assigned to defend him. The Chamber underscored that in this case there had been an abuse of the right of an indigent accused to legal aid at the expense of the international community.

The other grounds of appeal, as well as Akayesu’s appeal against the life sentence imposed upon him were also rejected.

The Accused, Alfred Musema, was formerly director of the Gisovu Tea Factory in Kibuye Prefecture during the 1994 genocide in Rwanda. On January 27 2000, Trial Chamber I of the ICTR convicted him of genocide and crimes against humanity and sentenced him to life imprisonment.

Musema submitted six grounds of appeal against his conviction and argued that the sentence imposed by the Trial Chamber had been too severe.

On 16 November 2001, the Appeals Chamber confirmed Musema's conviction for genocide and for extermination as a crime against humanity. The Chamber also upheld the sentence of imprisonment for life for those crimes. Musema’s conviction for rape as a crime against humanity was set aside by the Appeals Chamber on the basis of new evidence which it heard.

With regard to the appeal against the sentence, the Appeals Chamber noted that the quashing of his conviction for rape could not affect the exceptional gravity of the crimes for which he had been convicted. The Accused failed to demonstrate that the Trial Chamber had committed any error that would invalidate the sentence of imprisonment for life. 

On 21 February 2003, Trial Chamber I of the ICTR delivered its unanimous judgment on the case of Elizaphan and Gérard Ntakirutimana. Gérard Ntakirutimana, a medical doctor practicing at the Mugonero Adventist hospital, was convicted of genocide and of crimes against humanity (murder). His father, Elizaphan Ntakirutimana, a senior pastor of the Seventh-day Adventist church in Mugonero was convicted of aiding and abetting in genocide.

The two Accused jointly faced two indictments, the “Mugonero” indictment with five counts and the “Bisesero” indictment with seven counts. Both indictments charged them with genocide, in the alternative complicity in genocide, conspiracy to commit genocide as well as crimes against humanity. The Accused allegedly participated in killings, attacks and caused serious bodily and mental harm to a large number of men, women and children who sought refuge in the Mugonero Adventist complex as well as in the area of Bisesero.

Pastor Ntakirutimana was sentenced to ten years of imprisonment while his son, Gérard, was sentenced to imprisonment for twenty five years. In both cases credit was given for the time they had already served in the United States and in Arusha.