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Kamuhanda: The Prosecutor v. Jean de Dieu Kamuhanda

Judgement, 22 Jan 2004, International Criminal Tribunal for Rwanda (Trial Chamber II), Tanzania

On 22 January 2004, Trial Chamber II of the ICTR found Jean de Dieu Kamuhanda, former Rwandan Minister of Higher Education and Scientific Research, guilty on two counts of genocide and extermination as a crime against humanity. The Tribunal sentenced him to prison for the remainder of his life.

The Trial Chamber found the Accused not guilty of five counts in the nine counts indictment against him. They included conspiracy to commit genocide, rape and other inhumane acts as crimes against humanity, and two counts of violations of the Geneva Conventions and of Additional Protocol II. The Chamber also dismissed two counts of complicity in genocide and murder as a crime against humanity.

In reaching its guilty verdict on two counts, the Trial Chamber found that  Kamuhanda had the intent to destroy the Tutsi ethnic group in whole or in part and was individually criminally responsible for instigating, ordering, aiding and abetting genocide against Tutsi by virtue of his role in the killing of members of the Tutsi ethnic group in the Gikomero Parish Compound where he ordered Interahamwe militia, soldiers, and policemen to kill the Tutsis. The Trial Chamber also found that a large number of Tutsi were exterminated as a direct result of Kamuhanda’s participation by ordering, instigating, aiding and abetting the attack at the Gikomero Parish compound.


Ntagerura et al.: The Prosecutor v. André Ntagerura, Emmanuel Bagambiki and Samuel Imanishimwe

Judgement, 25 Feb 2004, International Criminal Tribunal for Rwanda (Trial Chamber III), Tanzania

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.


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. 


Ntagerura et al.: The Prosecutor v. André Ntagerura, Emmanuel Bagambiki and Samuel Imanishimwe

Judgement, 7 Jul 2006, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania

From March 1981 through July 1994 André Ntagerura served as a minister in the Rwandan Government. His last position was as Minister of Transport and Communications in the interim government. From 4 July 1992 to 17 July 1994, Emmanuel Bagambiki served as the prefect of Cyangugu. Samuel Imanishimwe, a lieutenant in the Rwandan Armed Forces, served as the acting commander of the Cyangugu military camp from October 1993 until he left Rwanda in July 1994.

On 7 July 2006, the Appeals Chamber of the ICTR reduced Samuel Imanishimwe’s sentence from 27 to 12 years imprisonment and recalled that it had confirmed the acquittals of André Ntagerura, former Minister of Transport and Communications, and Emmanuel Bagambiki, former Prefect of Cyangugu on 8 February 2006. Specifically, the Appeals Chamber granted Imanishimwe’s first ground of appeal, quashing his convictions for genocide, extermination as a crime against humanity and serious violations of Article 3 Common of the Geneva Conventions and of Additional Protocol II for the events which took place at the Gashirabwoba football stadium. The Appeals Chamber however, affirmed the convictions entered against Imanishimwe for murder, imprisonment and torture as crimes against humanity and for murder, torture and cruel treatment as serious violations of the Geneva Conventions and of Additional Protocol II.


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