The Prosecutor v. Ildéphonse Nizeyimana

Court	International Criminal Tribunal for Rwanda (Trial Chamber III), Tanzania
Case number	ICTR-2000-55-T
Decision title	Summary of Judgement
Decision date	19 June 2012
Parties	The Prosecutor Ildéphonse Nizeyimana
Categories	Crimes against humanity, Genocide, War crimes
Keywords	crimes against humanity, extermination, genocide, kill, Murder, rape, serious bodily harm, violations of Article 3 common to the Geneva Conventions and to Additional Protocol II thereto
Links	Summary of Judgement

Summary

The pronouncement of this judgment constituted one of the fastest completions of a trial of this level in the history of the Tribunal. Nizeyimana, the Accused, known as the ‘Butcher of Butare’, went on trial in January 2011. In 54 trial days, the parties presented evidence from 84 witnesses. During the proceedings almost 130 decisions were issued. The judgment was rendered just over six months from the parties’ closing submissions.

The Accused is a former captain at the Butare military academy called the École des Sous-Officiers (ESO). The Prosecution charged him with genocide, crimes against humanity and war crimes for violence perpetrated in Butare prefecture, and, for the most part, in Butare town for mobilising ESO soldiers and others to rape and kill Tutsis, as well as other civilians.

Nizeyimana was found guilty of genocide, extermination and murder as crimes against humanity and murder as war crime. He was sentenced to life imprisonment.

Procedural history

Ildéphonse Nizeyimana was a former captain at the Butare military academy called the École des Sous-Officiers (ESO). The Prosecution charged him with genocide, crimes against humanity (extermination, murder and rape) and violations of Article 3 common to the Geneva Convention and Additional Protocol II thereto (murder and rape) for violence perpetrated in Butare prefecture, and in Butare town for mobilising ESO soldiers and others to rape and kill Tutsis, as well as other civilians.

Legally relevant facts

Nizeyimana was charged with genocide, crimes against humanity and war crimes for his role in the events that took place in Butare prefecture, and, for the most part, in Butare town. During the relevant period, Nizeyimana was a captain at the military training school in Butare town called the École des Sous-Officiers (ESO). The Prosecution alleged that from the moment of President Juvénal Habyarimana’s death on the night of 6 April 1994, Nizeyimana mobilised ESO soldiers and others to rape and kill Tutsis, as well as other civilians (para. 3).

The evidence submitted by the Defence confirmed that many of the killings that Nizeyimana was charged with, did occur. Yet, it disputed any connection of the Accused with the killings and challenged the quality of the Prosecution evidence. The Defence also presented alibi evidence that Nizeyimana was not in Butare town when many of the killings took place (para. 4).

Core legal questions

Whether Ildéphonse Nizeyimana was guilty of genocide, crimes against humanity (extermination, murder, rape as crimes against humanity) and violations of Article 3 common to the Geneva Convention and Additional Protocol II thereto (murder and rape).
What the appropriate sentence would be, in case the Accused was found guilty.

Specific legal rules and provisions

Rules 102(A) and 103 of the Rules of Procedure and Evidence of the International Criminal Tribunal for Rwanda.
Article 3 common to the Geneva Conventions and of Additional Protocol II thereto.

Court's holding and analysis

The Trial Chamber found the Accused guilty of genocide though his participation in basic joint criminal enterprises. He was also found guilty of genocide for ordering the killings of Remy Rwekaza and Beata Uwambaye at the Gikongoro and Kigali roads junction roadblock as well as the serious bodily harm caused to Witness ZAV at the same barrier (para. 46).

The Trial Chamber further held that the Accused was guilty of extermination as a crime against humanity for the attack on Cyahinda Parish through his participation in a basic joint criminal enterprise (para. 46).

The Accused was also convicted for murder as a crime against humanity, while he was acquitted for rape as a crime against humanity (para. 46).

The Accused was found guilty of murder as a war crime, while he was found not guilty of rape as a war crime (para. 46).

After taking into account the gravity of the crimes for which Nizeyimana had been convicted, as well as the aggravating and mitigating factors, the Trial Chamber sentenced him to life imprisonment (para. 47).