“We are at a critical stage in the transition of international criminal justice. The primary responsibility for investigating and prosecuting international crimes no longer lies with ad hoc tribunals like the International Criminal Tribunal for Rwanda (ICTR); rather that responsibility has shifted to national authorities.”
This is the first sentence of the foreword accompanying a manual released on 10 February by the Prosecutor of the ICTR and the Mechanism for International Criminal Tribunals (MICT), Mr. Hassan Bubacar Jallow, sharing his office’s experience in securing the referral of ten genocide indictments to national jurisdictions for trial.
1998. The trial of Jean-Paul Akayesu begins. With this case, the ICTR becomes the first international tribunal to enter a judgement for genocide and the first to interpret the definition of genocide set forth in the 1948 Geneva Conventions. ©ICTR
According to Mr. Jallow, the shift to primacy of national prosecutions is reflected in the Rome Statute’s principle of complementarity, as well as in the establishment of the MICT, which makes the referral of cases to national jurisdictions a priority in the completion of the ad hoc tribunals’ remaining work.
The 57-page long manual, “Complementarity In Action”, shares lessons learned from the ICTR Prosecutor’s referral of international criminal cases to national jurisdictions for trial. The Office of the Prosecutor’s (OTP) experiences provide useful lessons for other international courts and tribunals seeking to refer international criminal cases to national jurisdictions. They also provide valuable lessons for national jurisdictions seeking to establish their own ability to fairly prosecute international crimes at the domestic level. Continue reading
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
The International Criminal Tribunal for Rwanda
The Appeals Chamber of the International Criminal Tribunal for Rwanda (ICTR) today delivered its judgement in three cases: Édouard Karemera and Matthieu Ngirumpatse; Ildéphonse Nizeyimana; and Callixte Nzabonimana.
Édouard Karemera and Matthieu Ngirumpatse
On 21 December 2011, Trial Chamber III convicted Karemera and Ngirumpatse of direct and public incitement to commit genocide, genocide, extermination and rape as crimes against humanity, and murder as a serious violation of Article 3 common to the Geneva Conventions and Additional Protocol II. The Trial Chamber sentenced Karemera and Ngirumpatse to life imprisonment.
The Appeals Chamber affirmed Karemera’s and Ngirumpatse’s convictions.The Appeals Chamber reversed certain findings of the Trial Chamber, which, however, did not result in the overturning of any of Karemera’s or Ngirumpatse’s convictions. The Appeals Chamber affirmed Karemera’s and Ngirumpatse’s sentences of life imprisonment. Continue reading
After almost a two-year break, the International Justice Tribune is back.
In their newsletter, you will find analyses on the legal dispute between Serbia and Croatia in front of the International Court of Justice over the alleged commission of genocide by Serbia in the early 1990’s. The issue also comprises comments on the Gbagbo case at the International Criminal Court (ICC) but also on the asylum trial faced by Mathieu Ngudjolo after his acquittal by the ICC. The newsletter finally addresses the case of General Augustin Bizimungu in front of the International Criminal Tribunal for Rwanda.
The International Justice Tribune is also finalizing a new website which will be launched soon.