Today, the Appeals Chamber of the Mechanism for International Criminal Tribunals (MICT) delivered its first appeals judgment in the case of Augustin Ngirabatware v. The Prosecutor. President of the Appeals Chamber, Judge Theodor Meron delivered a summary of the judgment in Arusha, Tanzania, in the case of Rwanda’s former Minister of Planning, Mr. Augustin Ngirabatware.
The Appeals judgment originated from the International Criminal Tribunal for Rwanda (ICTR)’s final trial judgment, delivered on 20 December 2012. With this judgment, the Trial Chamber had convicted Mr Ngirabatware for direct and public incitement to commit genocide, genocide and rape as a crime against humanity.
This morning, the Appeals Chamber unanimously affirmed Ngirabatware’s conviction for direct and public incitement to commit genocide. A majority of the Appeals Chamber also affirmed Ngirabatware’s conviction for instigating and aiding and abetting genocide. However, it held that that the Trial Chamber had erred in convicting Mr Ngirabatware for rape as a crime against humanity pursuing to the extended form of Joint Criminal Enterprise.
The Trial Chamber had convicted Ngirabatware pursuant to the extended form of JCE (JCE III) in relation to the repeated rape of a Tutsi woman in april 1994 by two members of the Joint Criminal Enterprise. As a quick reminder: the third, and most controversial, category of the Joint Criminal Enterprise, provides that all participants who had the intend to participate in the common design of the Joint Criminal Enterprise can be held criminally responsible for acts that fall outside of the common plan or purpose of the JCE if such acts are a “natural and foreseeable consequence of the effecting of that common purpose and if the defendant was reckless or indifferent to that risk.” Continue reading