ICTR in 2004: Three Case Notes

Extract

I. Introduction

In 2004, the International Criminal Tribunal for Rwanda (ICTR) has delivered six judgements, two on appeals, four on trial. ¹ Only three of those judgements are presented in this paper, namely the Gacumbitsi Trial Judgement, Ndindabahizi Trial Judgement and Ntakirutimana Appeals Judgement.

During the same period, there were eight on-going trials in which no judgement has been rendered yet:

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Among those trials, the Karemera et al. case has encountered some serious procedural incidents. Following a challenge to the impartiality of the Presiding Judge and of the Bench, Judge Andrésia Vaz (from Senegal) withdrew from the case. The Bureau therefore dismissed the Defence applications, considering them as moot. ² The two remaining Judges decided to continue the trial with a third Judge appointed by the President of the Trial, in accordance with Rule 15 bis of the Rules of Procedure and Evidence. But, on an appeal lodged by the Defence arguing in part an apprehension of bias affecting the Presiding Judge and the Bench, the Appeals Chamber quashed the decision of the remaining Judges, ³ having found “that these circumstances could well lead a reasonable, informed observer to objectively apprehend bias … that this is not a finding of actual bias on the part of Judge Vaz but rather a finding, made in the interests of justice, that the circumstances of the case gave rise to an appearance of bias … [and] that this appearance also extended to Judges [Flavia] Lattanzi [(from Italy)] and [Florence Rita] Arrey [(from Cameroon)] because, although aware of the circumstances of Judge Vaz's association with the Prosecution counsel, they acquiesced in rejecting Nzirorera's motion and, therefore, in continuing the trial with Judge Vaz on the Bench”. ⁴ In November 2004, the President appointed Judge C.M. Dennis Byron (from St Kitts & Nevis), Presiding Judge in that case. The trial will probably start in 2005.