Search results

Jean Bosco Barayagwiza was leader of the Rwandan Hutu political party known as the Coalition pour la Défense de la République (CDR). CDR militia, under his leadership, participated in the 1994 torture and massacre of thousands of Rwanda's Tutsi minority, as well as moderate members of the Hutu majority.

Barayagwiza was also the owner and board member of radio station RTLM, which encouraged the violence against the Tutsi by broadcasting messages of hate stating that the Tutsi were "the enemy", "traitors," and "deserved to die”.

A lawsuit for damages was filed against Barayagwiza by individuals related to persons who died in the massacres. On 9 April 1996, the District Court of New York ordered the award of $500,000 per relative for pain and suffering, $1,000,000 in punitive damages per relative victim, in addition to the $5,000,000 requested for each plaintiff.

The three Accused – Ferdinand Nahimana, Jean Bosco Barayagwiza and Hassan Ngeze - were charged in separate indictments but were tried jointly for their role in the Rwandan genocide. They were all charged with genocide, conspiracy to commit genocide, direct and public incitement to commit genocide and persecution and extermination as crimes against humanity. Nahimana and Barayagwiza were additionally charged murder as a crime against humanity, while Barayagwiza was also charged with war crimes.

On 3 December 2003, Trial Chamber I of the ICTR found the three Accused guilty of conspiracy to commit genocide, genocide, direct and public incitement to commit genocide and persecution and extermination as crimes against humanity. They were found not guilty of complicity in genocide and of murder as a crime against humanity. Barayagwiza was also acquitted of the charges for war crimes. The Chamber sentenced Nahimana and Ngeze to life imprisonment. Regarding Barayagwiza, the Chamber considered that the appropriate sentence was life imprisonment, but, in its decisions dated 31 March 2000, the Appeals Chamber had decided that for the violation of his rights, the Accused was entitled to a reduction of his sentence, if he was found guilty. Therefore, the Trial Chamber sentenced him to twenty-seven years, three months and twenty-one days. 

The present case concerned the role of Ferdinand Nahimana and Jean-Bosco Barayagwiza in the Radio television libre des mille collines (RTLM), that of Hassan Ngeze in the publication of the Kangura newspaper, as well as Jean-Bosco Barayagwiza’s involvement in the Coalition pour la défense de la République (CDR) and the role of Hassan Ngeze in the killing of Tutsis in Gisenyi prefecture on 7 April 1994.

Trial Chamber I originally found the Accused guilty of conspiracy to commit genocide, genocide, direct and public incitement to commit genocide and persecution and extermination as crimes against humanity and sentenced each Accused to a single term of life imprisonment. However, it has reduced the sentence imposed on Barayagwiza to 35 years, taking into account the violation of his rights.

The Accused appealed their convictions and sentence. The Appeals Chamber reversed certain findings of the Trial Chamber and affirmed others. With regard Nahimana, the Appeals Chamber reduced his sentence to 30 years’ imprisonment. Barayagwiza’s sentence was reduced to 32 years of imprisonment. Finally, the Appeals Chamber substituted Ngeze’s life sentence by a prison term of 35 years.  

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. 

The Bemba case represents a significant milestone in international law, particularly concerning the doctrine of command responsibility. Mr. Jean-Pierre Bemba, a former Vice-President of the Democratic Republic of Congo, was charged with two counts of crimes against humanity (murder and rape) and three counts of war crimes (murder, rape, and pillaging). These charges were linked to the actions of the Movement for the Liberation of Congo (MLC), a militia group under his command, in the Central African Republic (CAR) between 2002 and 2003. 

Mr. Bemba's trial was groundbreaking in several aspects. It was one of the first major ICC trials focusing on sexual violence as an international crime, setting a precedent for how such crimes are prosecuted globally. The prosecution argued that Mr. Bemba had effective command and control over the MLC troops and failed to take necessary and reasonable measures to prevent or repress the commission of these crimes, nor did he submit the matter to the competent authorities for investigation and prosecution. 

The defense contended that Mr. Bemba had limited means to control his forces once they were deployed in CAR and that he was not directly responsible for the atrocities committed. They argued for his inability to exercise control over the troops due to communication challenges and logistical constraints. 

The judgment and the legal reasoning behind it delved into the nuances of command responsibility, assessing the extent of a military leader's liability for the actions of their subordinates. The trial also addressed complex issues of jurisdiction, admissibility, and the participation of victims in the proceedings, making it a landmark international criminal law case. 

This case was closely watched by international legal experts and human rights advocates, as it had significant implications for how commanders at all levels are held accountable for war crimes and crimes against humanity. The verdict was seen as a test of the ICC's ability to bring high-ranking officials to justice and a statement on the international community's commitment to addressing grave human rights violations.