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14 Int'l Crim. Just. Rev. 216 (2004)
Criminal Justice Decisions of 2003 from Various International Courts

handle is hein.journals/intcrm14 and id is 224 raw text is: Recent Legal Developments: CRIMINAL JUSTICE DECISIONS OF 2003 FROM VARIOUS INTERNATIONAL COURTS Donald H. Wallace This review summarizes the jurisprudence for the calendar year 2003 of international tribunals and courts that are contributing to the development of international legal norms for the accountability of human rights violations involving criminal justice issues. The pertinent case law is summarized for the two ad hoc international criminal tribunals-the Inter- national Criminal Tribunal for Rwanda and the International Criminal Tribunal for The Former Yugoslavia-and the Appeals Chambers. Also summarized are cases from the International Court of Justice, the Inter-American Court of Human Rights, and the European Court of Human Rights. The International Criminal Court, which came into existence when the requisite number of ratifying states was reached in 2002, has not yet heard a case. AD HOC INTERNATIONAL CRIMINAL TRIBUNALS International Criminal Tribunal for Rwanda (ICTR) Decisions selected for review from the ICTR are judgments of the Trial Chambers, which reported five judgments in 2003. The Appeals Chambers did not report any judgments for 2003 from appeals of ICTR Trial Chamber decisions. The Prosecutor v. Elidzer Nivitegeka (No. ICTR-96-14-T) In 1994 Niyitegeka was the Minister of Information of Rwanda's interim government. The Trial Chamber found him to personally have led attacks against Tutsi refugees. Niyitegeka was found to have procured armed security officers for an attack on Tutsi who were hiding inside the Muguba Church and to have incited others to exterminate members of the Tutsi population. In a large-scale attack against Tutsi refugees that took place at Muyira Hill Niyitegeka was in the front row leading attackers, together with other leaders. Thou- sands of Tutsi were killed as a result of this attack. The Chamber found that in leading and participating in attacks against the Tutsi, and in shooting at Tutsi refugees, the accused was individually criminally responsible for the killings and for serious bodily and mental harm that was inflicted on Tutsi refugees in Bisesero. Accordingly, the Chamber found Niyitegeka to be guilty of genocide. The Chamber also found that, in speaking at meetings and in planning, leading, and participating in attacks against Tutsi, Niyitegeka was individually criminally responsible for conspiring and for inciting attackers to cause the death and the serious bodily and mental harm of Tutsi refugees. Specifically, Niyitegeka had urged attackers to work, and to eat meat so that they would be strong to return the next day to continue their work. The Chamber found Niyitegeka indi- vidually criminally responsible for crimes against humanity through murder and inhumane acts committed as part of a widespread and systematic attack on the Tutsi population. Niyitegeka had also been charged with com- mand responsibility; however, the Chamber found no evidence that there was a superior- subordinate hierarchy. Niyitegeka was sen- tenced to imprisonment for the remainder of his life. The Prosecutor v. Elizaphan Ntakirutimana and G&ard Ntakirutimana (No. ICTR-96-10- T and No. ICTR-96-17-T) For the first time, the ICTR found a Rwandan cleric guilty of genocide, convicting a pastor (Elizaphan) and his physician son (G6rard) of abetting the murders of hundreds of ethnic Tutsis who had sought their protection. 216

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