PROSECUTOR V.

JEAN-
PAUL AKAYESU
(ICTR-96-4-T)

Presented by-

Aishani Anvekar 14010126323

Omkar Chavan 14010126321
INTRODUCTION

• It resulted in the first adversarial conviction

for genocide under international law.

• Gender crimes and crimes of sexual

violence: It was also the first to recognise
the concept of genocidal rape. “The most
important decision rendered thus far in the
history of women’s jurisprudence.”

• He was charged with ordering, inciting, or

instigating international crimes, in Rwanda:
“Akayesu did not kill with his own hands,
but with his orders.”
 FACTS
• Jean-Paul Akayesu served as bourgmestre (mayor) of that
commune from April 1993 until June 1994.

• Responsible for performance of executive functions and maintain

public order. He had exclusive control over the communal police.

• At least 2000 Tutsis were killed in Taba between April 7 and the end
of June, 1994, while he was still in power.

• Displaced civilians were also murdered frequently on or near the

bureau communal premises. Many women were forced to endure
multiple acts of sexual violence which were at times committed by
more than one assailant.

• Jean Paul Akayesu facilitated the commission of the sexual

violence, beatings and murders by allowing the sexual violence and
beatings and murders to occur on or near the bureau communal
premises (Presence and lack of prevention)..
• April 19, 1994, Jean Paul Akayesu took 8 detained men from
the Taba bureau communal and ordered militia members to kill
them.

• He ordered the local people and militia to kill intellectual and

influential people. Five teachers from the secondary school of
Taba were killed on his instructions

• On 10 October 1995 Akayesu was arrested in Zambia. During a

seventeen-month trial with testimony from forty-two witnesses,
the ICTR heard the extent of his crimes.

• In total, Akayesu faced fifteen individual charges, including:

genocide; complicity in genocide; direct and public indictment to
commit genocide; extermination; murder; torture; cruel
treatment; rape; other inhumane acts and outrages upon
personal dignity; and crimes against humanity.
 Analysis of Legal Principles
Applied
GENOCIDE
• The prosecutor charged Akayesu with crimes legally defined as:
(a) Genocide (Article 2 (3) (a) of the Statute of the Tribunal)
(b) Complicity in Genocide (Article 2 (3) (e))
(c) Incitement to commit genocide (Article 2 (3) (c))

Article 2 (3) (a) of the Statute of the Tribunal:

“Genocide means any of the following acts committed with intent to destroy, in whole or in part,
a national, ethnical, racial or religious group, as such:
a) Killing members of the group;
b) Causing serious bodily or mental harm to members of the group;
c) Deliberately inflicting on the group conditions of life calculated to bring about its
physical destruction in whole or in part;
d) Imposing measures intended to prevent births within the group;
e) Forcibly transferring children of the group to another group.”
• Killing/ murder associated with s.311 of Penal Code of Rwanda:

“Homicide committed with intent to cause death”

• Categorised by Dolus Specialis - not individual identity, but

categorised by national, ethical or religious group.

• Killings ordered for association with RPF and highly influential

individuals belongs to the Tutsi clan.

Under Article 2 (3) (e) of the Statute, the Chamber shall have the
power to prosecute persons who have committed complicity in
genocide.
• Complicity can only exist where there is a punishable principal act.

• Section 91 of Rwandan Penal Code: (a) by procuring means,

(b)knowingly aiding and abetting, or (c) complicity by instigation.

• Aiding and Abetting - Failing to act or refraining from action

• Jefferson case (1994) and Coney case (1882):

“A person who, by his mere presence in a group of aggressors

provided moral support to the assailants, and fully supported
the criminal intent of the group, is liable as an accomplice.”

Direct and public incitement to commit genocide:

Article (2) (3) (c)
• Directly provoking the perpetrator(s) to commit genocide,
whether through speeches, shouting or threats uttered in
public places or gatherings or public display or audiovisual
communication.

• Punishable even if the incitement is unsuccessful.

• Genocide: particularly dangerous and high risk (punishable

irrespective of result)
Murder

• Jean-Paul Akayesu held guilty for murder as a

crime against humanity.

• The court spoke about doctrine of special

intent.

• Crimes against humanity (murder) punishable

under Article 3 (g) of the Statute of the
Tribunal.
RAPE

• Rape used as a measure by warring parties.

• This was the first time rape was officially recognized as

a part of genocide.

• Crimes against humanity (rape) are punishable under

article 3(g) of the Statute of the tribunal.

• Rape when committed as part of a widespread or

systematic attack directed against a civilian population it
becomes a part of genocide.
TORTURE

• Various methods used on victims by warring parties in order to

extract information, impose fear, take vengeance, appease a
certain group of people, etc.

• Akayesu by his acts of commission and omission inflicted

torture for furtherance of his political objectives

• Torture would be considered part of genocide when the

persons are protected by one or more statutes of Geneva
convention of 1949.

• The perpetrator must also be aware of such protected status

and must be aware of the existence of an armed conflict.
OTHER INHUMANE ACTS

• Crimes committed against humanity list of all

those acts which would be perceived by a
natural person as brutal, tyrannical and in
humane.

• Article 7 (1) (k) of the Rome statue speaks

about what other acts of violence would be
perceived by the international community as
inhumane.
 CONCLUSION
• The Akayesu case marks an important step toward
ending impunity for acts of sexual violence during
armed conflict.

• It was the first time an institution recognized rape and

sexual violence as a means of perpetrating genocide.

• Also specifies what other acts can constitute to

genocide.

• Important precedent was set for future international

criminal tribunals and the door was opened for other
acts of sexual violence to be prosecuted as an
element of genocidal campaigns across the globe in
different places.