Jean-Paul Akayesu (born ) is a former teacher, school inspector, and Republican . External links. ICTR case documents for Jean Paul Akayesu. Warning: This case deals with topics that are especially grave and may cause trauma invoked by memories of past abuse. If you have. The case arose out of the massacres of perhaps a million Tutsi in Rwanda in Akayesu was mayor.2 A trial chamber of the International Criminal Tribunal for.
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The Prosecutor v. Jean-Paul Akayesu
Jean-Paul Akayesu was the bourgmestre mayor of Taba Commune — 11 miles from Kigali — when the genocide in Rwanda began to unfold. Under ground 11, Mr. ICRC commentaries outline the principles underlying the adoption of common Article 3: Therefore, no clarification has to date been provided on this point in the jurisprudence of the Tribunals, except for recent holdings by an ICTY Trial Chamber.
For instance, rape can be a measure intended to prevent births when the person raped refuses subsequently to procreate, in the same way that members of a group can be led, through threats or trauma, not to procreate. Aayesu Tribunal unanimously found the defendant guilty of genocide, direct and public incitement to commit genocide, and the crimes against humanity of extermination, murder, torture, rape, and other inhumane acts.
Five teachers from the secondary school of Taba were killed on his instructions.
As mayor, Akayesu was responsible for akayesy executive functions and maintaining order in Taba, meaning he had command of the communal police and any gendarmes assigned to the commune. Jean-Paul Akayesu was further accused of aiding and abetting numerous criminal acts through his presence, his attitude and his statements.
Jean-Paul Akayesu – TRIAL International
From this follows that it is not possible to apply rules in one part of the country i. In that latter respect, the Security Council has elected to take a more expansive approach to the choice of the applicable law than the one underlying the Statute of the Yugoslav Tribunal, and included within the subject-matter jurisdiction of the Rwanda Tribunal international instruments regardless of whether they were considered part of customary international law or whether they have customarily entailed the individual criminal responsibility of the perpetrator of the crime.
Akayesu was charged with five counts under Article 4 of the Statute and was acquitted on each of the said counts. Some proceedings are however still ongoing.
Since its inception, 92 persons have been indicted in front of the ICTR. While in hiding, the women were regularly attacked and subjected to sexual violence, beatings, and death threats from soldiers and municipal police, often by multiple attackers. Both the Accused and the Prosecution appealed against the Trial judgment.
ICTR, The Prosecutor v. Jean-Paul Akayesu
To that end, it is necessary, firstly, to review the relevant provisions of the Statute as interpreted by the case-law of the Tribunals and, secondly, the object and purpose of Common Article 3 to the Geneva Conventions. He allowed rape, sexual violence and other inhumane acts to take place within or near his office.
Prior to his appointment as bourgmestrehe was a teacher and school inspector in Taba. Induring the Rwandan Genocide, Ngenzi was mayor of the Kabarondo dist In short, the defence argued, Akayesu was being made a scapegoat for the crimes of the people of Taba.
Jean-Paul Akayesu – Wikipedia
That the Party in revolt against the de jure Government possesses an organized military force, an authority responsible for its acts, acting within a determinate territory and having the means of respecting and ensuring the respect for the Convention.
In essence, the operations must be continuous and planned.
Due to the overall protective and humanitarian purpose of these international legal instruments, akaeysu, the delimitation of this category of persons bound by the provisions in Common Article 3 and Additional Protocol II should not be too restricted. The Accused was charged under Article 6 1 of the Statute with genocide count 1 ; complicity in genocide count 2 ; crimes against humanity Counts 3, 5, 7, 9, and 11 ; direct and public incitement to commit genocide count 4 ; violations of Article 3 common to the Geneva Conventions Counts 6, 8, 10 and However, as aforesaid, Additional Protocol II as a whole was not deemed by the Secretary-General to have been universally recognized as part of customary international law.
Guilty of Crime against Humanity Rape Count The initial indictment issued by the Prosecutor of the International Criminal Tribunal for Rwanda ICTR contained 12 counts — from genocide, aiding and abetting and publicly encouraging genocide to several violations of the common article 3 of the Geneva Conventions and other acts which amount to crimes against humanity murder, torture, cruel treatment and extermination.
This will be dealt with in section 7 of the judgment. Thus, on the aakyesu of cxse criteria, both Common Article 3 and Additional Protocol II will apply once it has been established there exists an internal armed conflict which fulfills their respective pre-determined criteria. Sorry, your blog cannot share posts by email.