Prosecutor v. Nzabonimana

Case Name: 
Prosecutor v. Nzabonimana
ICTR-98-44D-A (Appeals Chamber Judgement)
Decision Date: 
September 29, 2014
Key Facts: 

Appellant was the Rwandan Minister of Youth and Associative Movements and served as the Chairman of the MRND party in Gitaram prefecture during the events of genocide and extermination as a crime against humanity. The Trial Chamber convicted Appellant for instigating genocide and extermination, as well as conspiracy and direct and public incitement to commit genocide. The Prosecution appealed, arguing, inter alia, that the Trial Chamber erred by not also convicting Appellant of aiding and abetting the killing of Tutsis in Rutobwe commune through the forcible release of prisoners. The Appeals Chamber dismissed this ground of the Prosecution’s appeal for insufficient evidence.


Elements specific to the crime of genocide:

1. Acts of assistance that substantially contribute to the underlying crime (¶ 487)

2. Knowledge of the perpetrators’ genocidal intent (¶ 487)

Key Passages : 

ACTUS REUS: When determining whether the act of aiding and abetting had a substantial effect, the Chamber must assess “whether a “link” or “connection” between the conduct of the aider and abettor and the crime has been demonstrated. Such conduct must have a substantial effect upon the perpetration of the crime. Whether a particular contribution qualifies as ‘substantial’ is a ‘fact-based inquiry’, and need not ‘serve as condition precedent for the commission of the crime’ ” (¶ 489).

Appeals Chamber