Current Developments at the Ad Hoc International Criminal Tribunals

Extract

1. Substantive Developments

A. Crimes

1. Genocide (Article 2 ICTRSt.)

The Ntabakuze¹ Appeals Chamber² found that the fact that some victims were not members of the ethnic group the assailants were purportedly setting out to destroy, in whole or part, does not undermine a finding of genocidal intent. Thus, the Appeals Chamber upheld a finding of genocidal intent by the Trial Chamber which was based on a series of other facts, including that the assailants had separated Hutus from Tutsis along ethnic lines during the attack, allowing Hutu refugees to leave.³

2. Direct and Public Incitement to Commit Genocide (Article 2 ICTRSt.)

(a) Failure to condemn

The Karemera et al.⁴ Trial Chamber⁵ found that the Accused and members of the JCE had directly and publicly incited genocide in part because they omitted to condemn, or even address, a recent massacre of more than 2,000 Tutsi civilians which had taken place in the vicinity of the meeting venue. In so doing, the Chamber found ‘the speakers condoned the killings and instigated and incited the population to continue killing Tutsis’.⁶