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Bagosora et al.: The Prosecutor v. Théoneste Bagosora, Gratien Kabiligi, Aloys Ntabakuze, Anatole Nsengiyumva

Judgement and Sentence, 18 Dec 2008, International Criminal Tribunal for Rwanda (Trial Chamber I), Tanzania

The Accused in this case were Colonel Théoneste Bagosora, the directeur de cabinet of the Ministry of Defence, General Gratien Kabiligi, the head of the operations bureau of the army general staff, Major Aloys Ntabakuze, the commander of the elite Para Commando Battalion, and Colonel Anatole Nsengiyumva, the commander of the Gisenyi operational sector. They were charged with conspiracy to commit genocide, genocide, crimes against humanity, namely murder, exterminations, rape, persecution and other inhumane acts, and war crimes, namely violence to life and outrages upon personal dignity, for crimes committed in Rwanda in 1994. The victims of said crimes included a great number of Tutsis, the Prime Minister Uwilingiyimana and 10 Belgian peacekeepers. 

Bagosora was found guilty by the Chamber of genocide, crimes against humanity and war crimes. Kabiligi was acquitted of all counts, while  Ntabakuze and Nsengiyumva were convicted for genocide, crimes against humanity and war crimes. After taking into account the gravity of each of the crimes the Accused were convicted for, as well as aggravating and mitigating circumstances, the Chamber sentenced them to life imprisonment.

During the 408 trial days of this case, 242 witnesses were heard, 82 for the Prosecution and 160 for the Defence.


Setako: The Prosecutor v. Ephrem Setako

Judgement and Sentence, 25 Feb 2010, International Criminal Tribunal for Rwanda (Trial Chamber I), Tanzania

On 25 February 2010 the ICTR delivered its judgment on the case of Ephrem Setako, a former senior Rwandan military officer. Lieutenant Colonel Ephrem Setako was the head of the division of legal affairs at the Ministry of Defence in Kigali in 1994. The Prosecution charged him with six counts: genocide or complicity in genocide, murder and extermination as crimes against humanity, serious violations (violence to life and pillage) of common Article 3 to the Geneva Conventions and Additional Protocol II, for his role in the attacks against Tutsis in Ruhengeri and Kigali.

The Trial Chamber found Setako guilty of genocide, extermination as a crime against humanity and violence to life as a war crime for ordering the killings of between 30 to 40 ethnic Tutsi refugees at Mukamira military camp on 25 April 1994 and the death of nine or 10 Tutsis on 11 May 1994. The Chamber imposed on Setako a sentence of 25 years of imprisonment.


Hategekimana: The Prosecutor v. Ildephonse Hategekimana

Judgment and Sentence, 6 Dec 2010, International Criminal Tribunal for Rwanda (Trial Chamber II), Tanzania

Ildephonse Hategekimana was a lieutenant in the Rwandan Armed Forces and also the commander of the Ngoma military camp during the genocide that took place in Rwanda in 1994. 

The Prosecutor of the ICTR charged Hategekimana with genocide, or, alternatively, complicity to commit genocide, murder and rape as crimes against humanity. The charges related to his role in the massacre of Tutsi refugees at Ngoma church and at Maison Généralice, as well as for his participation in the killings of several other Tutsis and the rape of Nura Sezirahiga. On 6 December 2010, he was convicted for genocide, murder and rape as crimes against humanity and was sentenced to life imprisonment.


Renzaho: Tharcisse Renzaho v. The Prosecutor

Judgement, 1 Apr 2011, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania

Tharcisse Renzaho was a Rwandan army officer and waspromoted to the rank of Colonel in July 1992. During the Rwandan genocide in 1994, he was Prefect of Kigali-Ville prefecture.

The Prosecution had charged him with genocide, crime against humanity, and war crimes for his role in the relevant events of 1994. On 14 July 2009, the Trial Chamber of the ICTR convicted Renzaho for genocide, murder and rape as crimes against humanity, and murder and rape as war crimes. The Trial Chamber sentenced him to life imprisonment.

Renzaho appealed the judgment on thirteen grounds. He requested the Appeals Chamber to overturn the Trial judgment, acquit him on all counts of the indictment, and order his immediate release. In the alternative, Renzaho requested the Appeals Chamber to a lower sentence that would reflect his true level of responsibility.

The Appeals Chamber granted some of Renzaho’s grounds of appeal and dismissed others. It affirmed Renzaho’s sentence of life imprisonment, subject to credit being given to time already served.  


Setako: Ephrem Setako v. the Prosecutor

Judgement, 28 Sep 2011, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania

On 25 February 2010, Trial Chamber I of the ICTR convicted Lieutenant Colonel Ephrem Setako for genocide, extermination as a crime against humanity and violence to life as a war crime for ordering the killings of between 30 to 40 ethnic Tutsi refugees at Mukamira military camp on 25 April 1994 and the death of nine or 10 Tutsis on 11 May 1994. The Chamber imposed on  Setako a sentence of 25 years of imprisonment.

Setako and the Prosecution both appealed the Trial judgment. Setako alleged errors of law and errors of fact of the judgment. The Prosecution submitted three grounds of appeal.

On 28 September 2011, the Appeals Chamber dismissed Setako’s appeal in its entirety, while it partially granted the Prosecution’s appeal but it did not increase Setako’s sentence. Specifically, the Appeals Chamber convicted Setako for murder as a war crime for the killings committed against Tutsis on 11 May 1994.


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