The Prosecutor v. Tharcisse Renzaho

Court	International Criminal Tribunal for Rwanda (Trial Chamber I), Tanzania
Case number	ICTR-97-31-T
Decision title	Judgement and Sentence
Decision date	14 July 2009
Parties	The Prosecutor Tharcisse Renzaho
Categories	Crimes against humanity, Genocide, War crimes
Keywords	crimes against humanity, ethnic group, genocide, grave breaches of the Geneva Conventions and of Additional Protocol II, intent to destroy, Murder, Non-international armed conflict, rape, war crimes, widespread and systematic attack
Links	Judgement and Sentence

Summary

Tharcisse Renzaho, a former Rwandan Armed Forces Colonel, had been charged by the Prosecutor of the ICTR with genocide, or, in the alternative, complicity in genocide, crimes against humanity (murder and rape) and war crimes (murder and rape) for his role in the Rwandan genocide.

The Trial Chamber found the Accused guilty of genocide, murder and rape as crimes against humanity and murder and rape as war crimes. Specifically, the Chamber concluded that Renzaho had supported the killings of Tutsis at roadblocks, which were set up following his directives. It also found that he had ordered the distribution of weapons, and that were later used to kill Tutsis. In addition, the Accused had supervised a selection process at a refugee site called CELA, where about 40 Tutsis were abducted and killed. The Chamber further held that Renzaho had participated in an attack at the Sainte Famille church, where more than 100 Tutsis had been killed. He had also encouraged the sexual abuse of women and was found criminally liable for the rape that followed.

For his role in these events, the Chamber sentenced him to life imprisonment.

Procedural history

During the events in Rwanda in 1994, Tharcisse Renzaho was a prefect of Kigali-Ville prefecture and held the rank of colonel in the Rwandan army. On 23 October 2002, the Prosecution had initially charged him with four counts: genocide, or alternatively, complicity in genocide; extermination as a crime against humanity; and violence to life, health and physical or mental well-being as a serious violation of Article 3 common to the Geneva Conventions and of Additional Protocol II thereto. The indictment was amended on 11 November 2002 and charged Renzaho with three counts: genocide, or alternatively, complicity in genocide, and murder as a crime against humanity.

On 1 April 2005, the Prosecution filed an amended indictment adding a count of rape as a crime against humanity and a count of murder and rape as war crimes and specifying the modes of liability that gave rise to the Accused’s alleged responsibility. On 13 February 2006, the Prosecution was granted leave to amend the indictment a second time. This final amended indictment was filed on 16 February 2006 and charged Renzaho with six counts: genocide, or, in the alternative, complicity in genocide, as well as murder and rape, as crimes against humanity and war crimes.

Related developments

Renzaho submitted thirteen grounds of appeal challenging his convictions and sentence. On 1 April 2011, the Appeals Chamber granted some of these grounds of appeal and dismissed others. It affirmed Renzaho’s sentence of life imprisonment, subject to credit being given to time already served.

Legally relevant facts

The Prosecution charged Renzaho under Article 6(1) and (3) of the Statute with genocide, or, alternatively, complicity in genocide, crimes against humanity (murder and rape) and serious violations of Article 3 common to the Geneva Conventions and of Additional Protocol II (murder and rape) (paras. 1, 736).

The Defence disputed all charges and claimed that Renzaho had neither directly nor through others been involved in any way in the massacres after 6 April 1994. The Defence contended that the situation had been uncontrollable and that the Accused had done all he could to stop the violence (para. 2).

In its factual findings, the Trial Chamber concluded that the Accused had participated in the establishment of roadblocks and the distribution of weapons to civilian authorities in Kigali. The Chamber also found that he had been involved in crimes committed at the Centre d’Étude de Langues Africaines (CELA) and Sainte Famille church in Kigali-Ville and against Tutsi women in Rugenge sector (para. 737).

Core legal questions

Whether the Accused’s role in the killing of Tutsis at roadblocks in Kigali from April to July 1994, the killings at CELA on 22 April and the crimes committed at Saint Famille on 17 June 1994 amounted to genocide.
Whether the Accused was criminally responsible for the rapes of Witnesses AWO and AWN as well as Witness AWN’s sister.
Whether he was guilty of murder as a crime against humanity for his participation in the killings of Charles, Wilson, Rwanga, as well as the other mostly Tutsi men removed from CELA on 22 April 1994.
Whether he had committed war crimes against Tutsis at Saint Famille church on 17 June 1994.
Which factors the Trial Chamber should take into consideration upon sentencing.
What the appropriate sentence would be, in case the Accused was found guilty.

Specific legal rules and provisions

Articles 2(2), (3)(a),(e), 3(a),(g), 4(a),(e), 6(1),(3), 12, 18, 20(4)(e), 23 and 28 of the Statute of the International Criminal Tribunal for Rwanda.
Rules 33(B), 47, 54, 68, 73 bis (E), 92 bis, 101 and 102(B) 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 held that the Accused was guilty of genocide (count 1) under Article 6(1) by aiding and abetting as well as ordering the killing of Tutsis at roadblocks throughout Kigali from April to July 1994, the killings at CELA on 22 April and by his orders in relation to crimes committed at Saint Famille on 17 June 1994. The Chamber also found Renzaho guilty of genocide (count 1) under Article 6(3) based on his failure to prevent the rapes of Witnesses AWO and AWN as well as Witness AWN’s sister (para. 779).

The Accused was acquitted of complicity in genocide (count II) (para. 780).

The Accused was convicted of murder as a crime against humanity under Article 6(1), though, for aiding and abetting and ordering the killings of Charles, Wilson and Rwanga. He was also found guilty of murder as a superior for the killing of Charles, Wilson and Rwanga as well as the other mostly Tutsi men removed from CELA on 22 April 1994 (para. 789).

The Chamber convicted Renzaho for rape as crime against humanity (count IV) and as a war crime as a superior under Article 6(3) for the crimes perpetrated against Witnesses AWO, AWN and Witness AWN’s sister (paras. 794, 811).

The Accused was found guilty of murder as a war crime (count V) under Article 6(1) for ordering the killing of at least 17 Tutsi men at Saint Famille church on 17 June 1994 (para. 807).

After considering the gravity of the offences, the aggravating and mitigating circumstances, the Chamber sentenced Renzaho to life imprisonment (para. 826).