Court Watch Tracking Current Developments in International Law
International Criminal Tribunal for Rwanda Affirms Bizimungu Sentence
Former Rwandan military general, Augustin Biz- imungu was sentenced to 30 years in prison in May 2011 for his direct involvement in the 1994 Rwandan Genocide. He was arrested in Angola in 2002, after evading capture for eight years. He has been at the top of a list of most wanted geno- cide suspects for years.
Bizimungu was found guilty of six counts of geno- cide and violations against Common Article 3 of the Geneva Convention for acts of murder, exter- mination, and rape. In addition, three individuals who had worked in conjunction with Bizimungu were also sentenced at the tribunal.
On July 31, 2014, the Appeals Chamber of the International Criminal Tribunal for Rwanda (ICTR) upheld Bizimungu’s sentence. In the Prosecu- tor v. Augustin Bizimungu, the Appeals Chamber reviewed Bizimungu’s convictions of aiding and abetting genocide, crimes against humanity for murder and rape, and additional crime against hu- manity for violations of Common Article 3 to the Geneva Conventions. The ICTR also reviewed his convictions for crimes committed in select com- munes. Common Article 3 to the Geneva Conven- tions applies to non-international armed conflict, the relevant section of which states that,
the following acts are and shall remain prohib- ited at any time and in any place whatsoever with respect to the above-mentioned persons: (a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; (b) taking of hostages; (c) outrages upon personal dignity, in particular humiliating and degrading treatment; (d) the passing of sentences and the carrying out of executions without previous judgment pronounced by
a regularly constituted court, affording all the judicial guarantees which are recognized as in- dispensable by civilized peoples.
Despite Bizimungu’s contention, the Appeals Chamber upheld the Trial Chamber’s conviction for his serious violations of Article 3.
The 1994 Rwandan Genocide was a period of hor-
rific and violent crimes again humanity that lasted for months that was fueled by ethnic tension. The two major ethnic groups in Rwanda, the Hutu and Tutsi had been in contention since 1990 after a political shift in power following the country’s in- dependence. Hutu political leaders, the national police, and Hutu vigilante groups began violently persecuting the Tutsi population and liberal Hutus who opposed the mass murders. Close to one million people died and the country continues to struggle from the social, political, and economic devastation that ensued from the genocide.
Bizimungu was appointed as chief of the Rwan-
dan army in 1994, at the start of the genocide and was given the task of annihilating the Tutsi minor- ity. He directly contributed to the massacres by dispensing weapons and fuel to Hutu militants, encouraging them to exterminate “the cock- roaches,” a popular reference for Tutsis during the genocide. The massacres took place in churches, hospitals, schools and other places of refuge. It has also been alleged that Bizimungu did noth- ing to stop the sexual exploitation of women and young girls throughout the genocide.
Bizimungu’s case is very complex because of the amount of evidence that must be reviewed to reach the standard of beyond a reasonable doubt to affirm the convictions. Bizimungu pled not guilty to all of the charges, arguing there was no legal basis for the Trial Chamber’s convictions. The Appeals Chamber found that the Trial Chamber did
ILSA Quarterly » volume 23 » issue 1 » October 2014
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