This case summary is part of a collection of summaries describing the cases before the International Criminal Tribunal for Rwanda (ICTR). See the Online Resource Hub pages on the ICTR and International Criminal Law, and table of ICTR case summaries for additional information.
Nyiramasuhuko et al. (ICTR-98-42) “Butare”
Trial Judgment: 24 June 2011; Appeal Judgment: 14 December 2015
In the first ever case to convict a woman, Pauline Nyiramasuhuko, of genocide, six defendants—Joseph Kanyabashi, the former Bourgmenstre of Ngoma Commune in Butare, Elie Ndayambaje, a former Bourgmestre of Muganza, Sylvain Nsabimana, the former Prefect of Butare, Alphonse Nteziryayo, a former Lieutenant Colonel in the Rwanda Armed Forces and former Prefect of Butare, Pauline Nyiramasuhuko, the former Minister of Family and Women’s Development, and Arsène Shalom Ntahobali, a former student and son of Pauline Nyiramasuhuko—stood trial for their role in formulating and implementing a government plan to massacre Tutsis and moderate Hutus in Butare Prefecture while in positions of authority in Butare. The prosecution charged the defendants with direct responsibility (and superior responsibility with respect to some crimes) for conspiracy to commit genocide, genocide, complicity in genocide, incitement to commit genocide, crimes against humanity for acts of extermination, murder, rape, persecution, and other inhumane acts, and war crimes for acts of violence to life and outrages upon dignity.
In 2011, an ICTR Trial Chamber issued a conviction in the case of each of the accused: the Tribunal convicted Nyiramasuhuko of conspiracy to commit genocide, genocide, crimes against humanity for acts of extermination, rape, and persecution, and war crimes for acts of violence to life and outrages upon dignity; the Tribunal convicted Ntahobali of genocide, crimes against humanity for acts of extermination, rape, and persecution, and war crimes of violence to life and outrages upon dignity; the Tribunal convicted Ndayambaje of genocide, incitement to commit genocide, crimes against humanity for acts of extermination and persecution, and violence to life as a war crime; the Tribunal convicted Nsabimana of genocide, crimes against humanity for acts of extermination and persecution, and violence to life as a war crime; the Tribunal convicted Nteziryayo of incitement to commit genocide; and the Tribunal convicted Kanyabashi of genocide, incitement to commit genocide, crimes against humanity for acts of extermination and persecution, and violence to life as a war crime.
In 2015, the ICTR Appeals Chamber found that the defendants’ right to be tried without undue delay was violated and that the Trial Chamber misapplied the standard for conviction for persecution as a crime against humanity, reversing the conviction of those defendants convicted for persecution. The Appeals Chamber also identified certain errors in the Trial Chamber’s factual findings with respect to specific defendants, and in accord with these findings, as well as the violation of the right to be tried without undue delay, the Appeals Chamber reduced Nyiramasuhuko’s, Ntahobali’s, and Ndayambaje’s life sentences to 47 years imprisonment, and Nsabimana’s, Nteziryayo’s, and Kanyabashi’s respective 24, 30, and 35 year sentences to 18, 25, and 20 years’ imprisonment.