Jean-Paul Akayesu (born ) is a former teacher, school inspector, and Republican . External links. 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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Under ground 4, Mr. Although he had the authority and responsibility to do so, Jean Paul AKAYESU never attempted to prevent the killing of Tutsis in the commune in any way or called for assistance from regional or national authorities to quell the violence.
The Prosecutor v. Jean Paul Akayesu (Case No. ICTR-96-4-T)
For purposes of interpreting Article 2 2 c of the Statute, the Chamber is of the opinion that the means of deliberate inflicting on the akayesuu conditions caase life calculated to bring about its physical destruction, in whole or part, include, inter alia, subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement.
He had exclusive control over the communal police, as well as any gendarmes put at the disposition of the commune. Sexual violence, including multiple forms of rape, was continually perpetrated on Witness JJ and other women — in the forest, in front of other people, at different refuge sites.
It included 15 charges for genocide, crimes against humanity, and violations of Article 3 common to the Geneva Conventions and Additional Protocol 2. Indeed, the Chamber recalls that Article 4 of the Statute aiayesu applies to civilians. How can we determine the existence of this special intent? Octavien Ngenzi was born in in Rwanda.
If so, where are those acts criminalized?
The accused is individually responsible for the crimes alleged in this indictment. Five teachers from the secondary school of Taba were killed on his instructions. He was acquitted on the remaining Counts. Retrieved from ” https: Is Protocol II applicable?
Is there a difference of applicability between Art. If the application of international humanitarian law depended solely on the discretionary judgment of the parties to the conflict, in most cases there would be a tendency for the conflict to be minimized by the parties thereto. The RPF troops were disciplined and possessed a structured leadership which was answerable to authority.
Oxford Public International Law: Akayesu Case
Regarding the Prosecution’s fourth ground of appeal, the Chamber found that “incitement” under Article 6 1 of the Statute akaayesu not be “direct and public” para. An inherent question follows such a description, namely, what constitutes an armed conflict? In this context, the Appeals Chamber deems it appropriate to analyze the object and purpose of common Article 3 in particular, and of the Geneva Conventions, in general, which object and purpose, in its view, are determinative in the interpretation of Article 4 of the Statute.
Would the application of a purely treaty-based rule of Protocol II violate that principle? For these reasons, the ICTR concluded that Akayesu was criminally responsible for the aiding and abetting the crimes of rape and other inhumane acts that amounted to crimes against humanity para. During a seventeen-month trial with testimony from forty-two witnesses, the ICTR heard the extent of his crimes.
Special intent is a well-known criminal law concept in the Roman-continental legal akaydsu. It should be stressed that the ascertainment akwyesu the intensity of a non-international conflict does not depend on the subjective judgment of the parties to the conflict. General Allegations Unless otherwise specified, all acts and omissions set forth in this indictment took place between 1 January and 31 Decemberin the commune of Taba, prefecture of Gitarama, territory of Rwanda.
The ICTR recognised that rape and sexual violence can amount to genocide when they are committed with the intention of destroying or partly destroying a particular group. The prosecution alleged that defendant Jean Paul Akayesu, as bourgmestre and the highest local akaesu in Taba, knew or had reason to know that these crimes were being committed, and despite having the authority and the responsibility to do so, never took steps to prevent them or called for assistance from regional or national authorities to quell the violence.
These acts of sexual violence were generally accompanied by explicit threats of akayesj or bodily harm. He was the mayor of Taba commune in Gitarama prefecture from April until June Casw to Rwandan authorities, during their functioning, the Gacaca courts tried almost two million people. He allowed rape, sexual violence and other inhumane acts to take place within or near his office. Appeals Chamber, paras Akayeau are the beneficiaries of the IHL of non-international armed conflicts?
In the opinion of the Appeals Chamber, it does not follow that the perpetrator of a violation of Article 3 must of necessity dase a specific link with one of the above-mentioned Parties. Sexual violence was a step in the process of destruction of the Tutsi group – destruction of the spirit, of the will to live, and of life itself.
ICTR, The Prosecutor v. Jean-Paul Akayesu | How does law protect in war? – Online casebook
Thus, the conditions to be met to fulfil akyaesu material requirements of applicability of Additional Protocol II at the cass of the events alleged in the Indictment would entail showing that: This destruction resulting from sexual violence was targeted, with the intent of causing seriously bodily or mental harm to Tutsi women and, in some cases, with the intent to kill them after and the Tutsi group as a whole.
The armed forces opposing the government must be under responsible command, which entails a degree of organization within the armed group or dissident armed forces. Between April and July the country was torn apart by a bloody genocide, during which extremist Hutu people targeted Tutsis and moderate Hutus.
Must the act be linked to the conflict? Findings would thus be made on the basis of whether or not it were proved beyond a reasonable doubt that there has been a serious violation in the form of one or more of the acts enumerated in Article 4 of the Statute. Hence, the Prosecutor will have to demonstrate to the Chamber and prove that Akayesu was either a member of the armed forces under the military command of either of the belligerent parties, or that he was legitimately mandated and expected, as a akayyesu official or agent or person otherwise holding public authority or de akayeeu representing the Government, to support or fulfil the war efforts.
Affirms the verdict of guilty entered against Jean-Paul Akayesu of all the counts on which he was convicted and the sentence of life imprisonment handed down, [ All individuals who commit a prohibited act during an armed conflict on the territory of the State in which the conflict is taking place? Ricardo Miguel Cavallo The Security Council, when delimiting the subject-matter jurisdiction of the ICTR, incorporated violations of international humanitarian law which may be committed in the context of both an international and an internal armed conflict: This is so because Additional Protocol II is a legal instrument the overall sole purpose of which is to afford protection to victims in conflicts not of an international character.
On 2 SeptemberTrial Chamber I of the Tribunal found him guilty of nine out of fifteen Counts charging him with genocide, crimes against humanity and violations of the Geneva Conventions in the first ever trial before the Tribunal.