AKAYESU CASE PDF

Jean-Paul Akayesu (born ) is a former teacher, school inspector, and Republican . External links[edit]. ICTR case documents for Jean Paul Akayesu. Warning: This case deals with topics that are especially grave and may cause trauma invoked by memories of past abuse. If you have. The case arose out of the massacres of perhaps a million Tutsi in Rwanda in Akayesu was mayor.2 A trial chamber of the International Criminal Tribunal for.

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Jean-Paul Akayesu Case

Moreover, all the offences enumerated under Article 4 of the Statute constituted crimes under Rwandan law in On 10 October Akayesu was arrested in Zambia. Like torture, rape is used for such purposes as intimidation, degradation, humiliation, discrimination, punishment, control or destruction of a person.

The offence serious violation must be committed within the context of an armed conflict; The armed conflict can be internal or international; The offence must be against persons who are not taking any active part in the hostilities; There must be a nexus between the violations and the armed conflict.

The four Geneva Conventions — as well as the two Additional Protocols — as stated above, were adopted primarily to protect the victims as well as potential victims of armed conflicts.

These acts of sexual violence were generally accompanied by explicit threats of death or bodily harm. All these counts are covered by Article 4 of the Statute. Displaced civilians were also murdered frequently on or near the bureau communal premises.

The Trial Chamber held that rape, which it defined as “a physical invasion of a sexual nature committed on a person under circumstances which are coercive”, and sexual assault constitute akayseu of genocide insofar as they were committed with the intent to destroy, in whole or in part, a targeted group, as such. The Accused was charged under Article 6 1 of the Statute with genocide count 1 ; complicity in caxe count 2 ; crimes against humanity Counts 3, 5, 7, 9, and 11 ; direct and public incitement to commit genocide count 4 ; violations of Article 3 common to the Geneva Conventions Counts 6, 8, 10 and The most interesting aspect of this case resides in the recognition of the crime of rape as a form of genocide.

As a result, the Appeals Chamber must turn to the article which serves as a basis for Article 4, to wit, Article 3 Common to the Geneva Conventions [ The accused is individually responsible for the crimes alleged in this indictment. Hence, the Prosecutor will have to demonstrate to the Chamber and prove that Akayesu was either a member of the armed forces under the qkayesu command of either of the belligerent parties, or that he was legitimately mandated and expected, as a public official or agent or person otherwise holding public authority or de facto representing the Government, to support or fulfil the kaayesu efforts.

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The ICTR recognised that rape and sexual caes can amount to genocide when they are committed with the intention of destroying or partly destroying a particular group.

The Prosecutor v. Jean Paul Akayesu (Case No. ICTRT) | Women’s Link

Without these actions, the rape and other inhumane acts committed would not have happened. Imposing measures intended to prevent births within the group paragraph d: In Rwanda, the bourgmestre is the highest authority in a commune. Had the ICTR adopted such an approach, would it have violated the akahesu of nullum crimen sine lege?

However, as aforesaid, Additional Protocol II as a whole was not deemed by the Secretary-General to have been universally recognized as part of customary international law. The list in Article 4 of the Statute thus comprises serious violations of the fundamental humanitarian guarantees which, as has been stated above, are recognized as part of international customary law. Since it entertained the first ground of appeal, the Appeals Chamber deemed it unnecessary to consider the Prosecution’s alternative ground of appeal paras.

Before his election as mayor of Taba, he was first a teacher, then education inspector.

The Federal Criminal Court of Santiago del Estero convicted the perpetrators of crimes against the civilian population of Santiago del Estero Province between andmost of whom were high-ranking members of the Provincial Police. In addition to this, numerous Tutsi women were submitted to sexual violence by the troops.

Induring the Rwandan Genocide, Ngenzi was mayor of the Kabarondo dist Under Article 6 1 of the Statute of the Tribunal, individual criminal responsibility is attributable to one who plans, instigates, orders, commits or otherwise aids and abets in the planning, preparation or execution of any of the crimes referred to in Articles 2 to 4 of the Statute of the Tribunal.

Therefore, the Appeals Chamber rejected it paras. These rapes resulted in physical and psychological destruction of Tutsi women, their families and their communities. Under ground 9, the Accused argued that Witness DAAX had sent a letter to the judges of Trial Chamber I following his testimony and that this constituted an abuse of process para.

This was in line with the view of the ICTY Appeals Chamber stipulating that Common Article 3 beyond doubt formed part of customary international law, and further that there exists a corpus of general principles and norms on internal armed conflict embracing Common Article 3 but having a much greater scope.

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AKAYESU, Jean Paul (ICTR-96-4)

Extending its solicitude little by little to other categories of war victims, in logical application of its fundamental principle [the Red Cross] pointed the way, first to the revision of the original Convention, and then to the extension of legal protection in turn to prisoners of war and civilians.

Accordingly, the Appeals Chamber finds that the Trial Chamber erred on a point of law in restricting the application of common Article 3 to a certain category of persons, as defined by the Trial Chamber.

Appeals Chamber [ Source: Under ground 8, Mr. Like torture, rape is a violation of personal dignity, and rape in fact constitutes torture when inflicted by or at kaayesu instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. What were the conclusions of the Court concerning Protocol II?

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If you have experienced violence and need assistance, akkayesu refer to this list of country help lines provided by UN Women.

Footnotes [] Trial Judgment, paras and emphasis added.

ICTR | United Nations International Criminal Tribunal for Rwanda

Paras to Applicability of Common Article 3 and Additional Protocol II The four Geneva Conventions and the Additional Protocol I thereto generally apply to international armed conflicts only, whereas Article 3 common to the Geneva Conventions extends a minimum threshold of humanitarian protection as well to all persons affected by a non-international conflict, a protection which was further developed and enhanced in the Additional Protocol II.

During the Rwandan Genocide, between eight-hundred thousand and one million people were killed by Hutu extremists — a rate of killing four times greater than at the height of the Nazi Holocaust. Ricardo Miguel Cavallo Learning from other institutions Significance. Thus, if an offence, as per count 15, is charged under both Common Article 3 and Additional Protocol II, it will not suffice to apply Common Article 3 and take for granted that Article 4 of the Statute, hence Additional Protocol II, is therefore automatically applicable.

Sexual violence was an integral part of the process of destruction, specifically targeting Tutsi women and specifically contributing to their destruction and to the destruction of the Tutsi group as a whole.