International penal court for Rwanda

The International penal court for Rwanda (TPIR) was set up the November 8th 1994 by the Safety advice of the United Nations in order to consider the people responsible for acts of Génocide and other serious violations of the humane international law made on the territory of the Rwanda, or by Rwandan citizens on the territory of Neighboring states, between on January 1st and the December 31st 1994.

Its seat is with Arusha in Tanzania.

The resolutions of the Safety advice of UNO which relate to the TPIR are:

The universal competence of national courts

National justices can judge crimes which fall within the competence of the TPIR, this one keeping a right of pre-emption on all these businesses, even after a national judgment.

In Belgium, four Rwanda is were judged for participation in the genocide.

In France, this universal Compétence is established juridically in particular by the law n° 96-432 of May 22nd, 1996. Six complaints were deposited against X, by Rwanda is, in front of the court of the armies in February 2005 for genocide complicity.

In Swiss, a Rwanda was judged for participation in the genocide.

Principal lawsuits

Jean-Paul Akayesu

It was the Bourgmestre of the town of Taba in 1994. Decree in January 1995 with Lusaka in Zambia, its lawsuit took place between January 1997 and March 1998. It was the first sentence of the TPIR.

Jean-Paul Akayesu was condemned to the life imprisonment for the massacre of 2000 Tutsi taken refuge in the communal office of Taba, the incentive with collective and public rapes, like for his direct participation in several assassinations.

This lawsuit also established a chain of command. The court also, for the first time, recognized the rape like crime of genocide, insofar as they were made in the intention to destroy in all or partly, a particular group targeted like such .

Source: Trial Watch

Jean Kambanda

Born the October 19th 1955, Jean Kambanda ensured the direction of the Union of the Banque Populaires of Rwanda of May 1989 in April 1994. Kambanda was the vice-president of the republican Democratic movement (MDR) and became Prime Minister for the temporary government the April 9th 1994, two days after the attack against the plane of the president Juvénal Habyarimana.

Stopped with Nairobi, with the Kenya, the July 18th 1997, Jean Kambanda was accused for its direct participation in the genocide and its intervention in the name of the temporary government. As an political official, it is also reproached to him for not being not intervened to put an end to the crimes. Jean Kambanda admitted having distributed weapons and ammunition in the prefectures of Butare and Gitarama, by being fully aware owing to the fact that those would be used to perpetrate massacres against the civilians . For the first time, a chief of the government recognized the existence of the genocide and confirmed that this one had been prepared in advance.

Criminal charges are retained the October 16th 1997:

  • genocide;
  • agreement in order to make the genocide;
  • direct and public incentive to make the genocide;
  • complicity in the genocide;
  • crimes against humanity (two charges: assassination and extermination).

The September 4th 1998, Jean Kambanda was condemned to the life imprisonment for genocide, agreement for and direct and public incentive to make the genocide, complicity in the genocide and crimes against humanity. It reconsidered then its consents and interjeté a recourse, rejected by the room of call of the TPIR the October 19th 2000. Jean Kambanda purges today his sorrow at the Central House of Stop of Bamako, with the Mali. It was the first judgment pronounced for crime of genocide since the adoption of the Convention for the prevention and the repression of the crime of genocide of 1948.

Source: Trial Watch

George Ruggiu

Naturalized Belgian in 1975, George Ruggiu was journalist and stimulating with the Radio Thousand Hills at the time of the genocide. Stopped with Mombasa in Kenya the July 23rd 1997, it admitted having diffused emission which encouraged with the murder or with gravely hurts with the physical integrity or mental of Tutsis and constituted of the acts of persecution towards Tutsis, like certain Hutus and Belgian citizens . Its lawsuit was dissociated from that of the media of hatred (see low) and he was condemned to twelve years of prison the July 12th 2000.

Source: Trial Watch

Lawsuit of the media of hatred

The lawsuit of the “media of hatred” began the October 23rd 2000 and is in charge of the repression of the media having encouraged the Génocide of 1994.

There are three accused:

  • Hassan Ngeze, director and editor association of the newspaper of Kangura
  • Ferdinand Nahimana, cofounder of the Radio Free Television of the Thousand Hills (RTLM), former president of the Rwandan office of information (isolated following the massacres of Bugesera in March 1992)
  • Jean-Bosco Barayagwiza, leader of CDR (Coalition for the Defense of the Republic)

The August 19th 2003, the TPIR with condemned to the life imprisonment the three accused, for incentive with ethnic hatred, before and during the period of the genocides of 1994.

The Supreme court of Canada ruled in June 27th 2005 that Leon Mugesera, taken refuge political since 1996, will have to go back to Rwanda to answer of the counts of indictment of incentive hatred and the genocide. Leon Mugesera had made to a speech in 1992 incentive the population Hutu with the massacre of Tutsis.

Lawsuit of the soldiers and the policies

  • Colonel Anatole Nsegiyumya, chief of the military region of Gisenyi
  • Théoneste Bagosora, principal private secretary to the ministry for defense
  • Gratien Kabiligi, chief of operation to the state major of the Rwandan Armed forces
  • Major Aloys Ntabakuse, ordering para-commandos.

  • Augustin Ndindiliyamana, former chief of the gendarmerie

  • Lieutenant-colonel Nzuwonemeye and his assistant the captain Sagahutu
  • Protais Mpiranya, person in charge of the presidential guard
  • Augustin Bizimungu, Head of State major of the Rwandan Armed forces

  • Justin Mugenzi, commercial Minister

  • Casimir Bizimungu, Minister for Health
  • Jerome Bicamumpake, Foreign Minister
  • Prosper Muginazera, Minister for the public office

  • Edouard Karemera, Minister of Interior Department

  • Andre Rwamakuba, Minister for education
  • Augustin Bizimana, Minister for defense
  • Callixte Nzabonimana, Minister for defense
  • Two leaders of MRND
  • the businessman Félicien Kabuga

Chronology

  • November 1994: creation of the TPIR, Richard Goldstone is named public prosecutor of the TPIY and the TPIR.
  • May 1995: Laïty Kama is elected president of the TPIR.
  • November 1995: first committal for trial.
  • September 1996: Louise Arbor replaces Richard Goldstone.
  • January 1997: beginning of the lawsuit of Jean-Paul Akayesu.
  • February 1997: publication of the Paschke report/ratio, resignation of the Adede clerk (replaced by Agwu Okali) and of the Rakotomanana assistant prosecutor (replaced by Bernard Muna).
  • June 1999: Pillay judge replaces Kama judge with the presidency.
  • July in October 1999: no lawsuit is in hand in front of the TPIR.
  • September 1999: Carla Del Ponte replaces Louise Arbor.
  • 1999-2000: general deceleration of the lawsuits of the TPIR.
  • November 2000: Kigali gives its agreement in principle concerning of the continuations against soldiers of the FPR.
  • March 1st, 2001: nomination of Adama Dieng like Clerk
  • 2003: the vice-president of the Court, Norwegian Erik Møse is elected president of the court; the Gambia N Hassan Bubacar Jallow replaces Carla del Ponte at the post of public prosecutor.
  • 2007: judge Charles Michael Dennis Byron succeeds Erik Møse with the presidency.

References

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the work of these courts is a long term job, whose final assessment cannot already be produced.

The International penal court for Rwanda made an effort of transparency and communication, by using its Internet site in particular and other means more local with this intention.

See too

External bonds

  • Official site of the International penal court for Rwanda
  • List and Situation of the Prisoners of the TPIR
  • businesses in front of the TPIR
  • Rwanda Hotel: if you missed the beginning - Metula News Agency
  • News agency Swallow (Led) to Arusha
  • Exemple of a lawsuit with the TPIR: Jean Kambanda - TRIAL WATCH
  • Study on the system of proof to the TPIR

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