P. 1
Judgement and Sentence - Jugement - Bagosora-Kabiligi-Ntabakuze-Nsengiyumva

Judgement and Sentence - Jugement - Bagosora-Kabiligi-Ntabakuze-Nsengiyumva

|Views: 1,537|Likes:
Published by Kagatama

More info:

Published by: Kagatama on Feb 11, 2009
Copyright:Public Domain

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

05/10/2014

pdf

text

original

2165. For an enumerated crime under Article 3 to qualify as a crime against humanity, the
Prosecution must prove that there was a widespread or systematic attack against the civilian
population on national, political, ethnic, racial or religious grounds.2346

An attack against a
civilian population means the perpetration against that population of a series of acts of
violence, or of the kind of mistreatment referred to in sub-paragraph (a) to (i).2347

Intended to
be read as disjunctive elements, “widespread” refers to the large scale nature of the attack and
the number of targeted persons, while “systematic” describes the organised nature of the acts
of violence and the improbability of their random occurrence.2348

2166. As concerns the mens rea, the perpetrator must have acted with knowledge of the
broader context and knowledge that his acts formed part of the attack, but need not share the
purpose or goals of the broader attack.2349

The additional requirement that crimes against
humanity have to be committed “on national, political, ethnic, racial or religious grounds”
does not mean that a discriminatory mens rea must be established.2350

2167. The Chamber has considered the totality of the evidence, in particular concerning the
ethnic composition of the individuals who sought refuge at various sites as well as the actual
or perceived political leanings of many of those killed or singled out at roadblocks in the days
after President Habyarimana’s death. It finds that there were widespread and systematic
attacks against the civilian population on ethnic and political grounds between April and July
1994. It is inconceivable that the principal perpetrators of these attacks as well as the Accused
did not know that their actions formed part of this attack. As high-ranking military officers,
the Accused would have been familiar with the situation unfolding both nationally and in

2346

Semanza Appeal Judgement, paras. 326-332, citing Akayesu Trial Judgement, para. 578; Rutaganda Trial
Judgement, para. 73; Akayesu Appeal Judgement, paras. 467, 469; Ntakirutimana Appeal Judgement, para. 516;
Ntagerura et al. Trial Judgement, paras. 697-698; Mpambara Trial Judgement, para. 11; Simba Trial
Judgement, para. 421; Gacumbitsi Trial Judgement, para. 299; Tadić Appeal Judgement, paras. 248, 255.

2347

Nahimana et al. Appeal Judgement, paras. 915-918; Kordić and Čerkez Appeal Judgement, para. 666;
Kunarac et al. Appeal Judgement, para. 89; Kunarac et al. Trial Judgement, para. 415.

2348

Nahimana et al. Appeal Judgement, para. 920, quoting Kordić and Čerkez Appeal Judgement, para. 94;
Ntakirutimana Appeal Judgement, para. 516; Mpambara Trial Judgement, para. 11; Semanza Trial Judgement,
paras. 328-329; Kunarac et al. Trial Judgement, para. 429; Kunarac et al. Appeal Judgement, para. 94;
Gacumbitsi Appeal Judgement, para. 101, citing Gacumbitsi Trial Judgement, para. 299; Stakić Appeal
Judgement, para. 246; Blaškić Appeal Judgement, para. 101; Limaj et al. Trial Judgement, para. 180; Brđanin
Trial Judgement, para. 133.

2349

Gacumbitsi Appeal Judgement, paras. 86, 103, citing Tadić Appeal Judgement, paras. 251-252; Galić
Appeal Judgement, para. 142; Semanza Appeal Judgement, paras. 268-269; Simba Trial Judgement, para. 421;
Kordić and Čerkez Appeal Judgement, para. 99; Kunarac et al. Trial Judgement, para. 434; Kunarac et al.
Appeal Judgement, para. 102; Blaškić Appeal Judgement, paras. 124-127.

2350

Akayesu Trial Judgement, paras. 464-469, 595; Bagilishema Trial Judgement, para. 81.

The Prosecutor v. Théoneste Bagosora et al., Case No. ICTR-98-41-T

Judgement and Sentence

550

18 December 2008

areas under their control. Many of the attacks or massacres where open and notorious. The
Chamber has also concluded that Bagosora, Ntabakuze and Nsengiyumva ordered or
authorised many of these attacks.

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->