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2 Int'l Crim. L. Rev. 283 (2002)
Current Developments in the Jurisprudence of the International Criminal Tribunal for Rwanda

handle is hein.journals/intcrimlrb2 and id is 293 raw text is: LA International Criminal Law Review 2: 283-295, 2002. 283 if 9 © 2002 Kluwer Law International. Printed in the Netherlands. Current Developments in the Jurisprudence of the International Criminal Tribunal for Rwanda ROMAN BOED1 1. Prosecutor v. Kayishema and Ruzindana: Judgement of the Appeals Chamber2 Fair Trial; Independence of the Tribunal; Equality of Arms; Burden of Proof: Alibi; Mental Element: Genocide; Motive; Article 6(1): Individual Criminal Responsibility; Article 6(3): Superior Responsibility Introduction On 1 June 2001 the Appeals Chamber of the International Criminal Tribunal for Rwanda (ICTR) delivered its Judgement in the Kayishema and Ruzindana case. Both the defence and the prosecution filed appeals against the Trial Chamber's Judgement and Sentence. However, because the prosecution had failed to file its briefs within the stipulated time, the Appeals Chamber ruled that the prosecutor's appeal as well as her briefs in respect of the appeals of the defence are inadmissible.3 The Appeals Chamber therefore considered and decided only the grounds of appeal raised by the defence. Kayishema advanced six grounds of appeal against the merits of the Trial Chamber's judgement4 and two grounds of appeal with respect to the sen- 1 Legal Officer, Judgement Coordinator, United Nations, International Criminal Tribunal for Rwanda. LLD candidate, University of South Africa; LLM, Justice Harlan Fiske Stone Scholar, Columbia University; LLM, Cambridge University; JD, with Honor, DePaul Uni- versity; BA, Lawrence University. The views expressed in this article are solely those of the author acting in his personal capacity and do not represent the views of the United Nations. 2 Prosecutor v. Kayishema and Ruzindana, Case No. ICTR 95-1-A, Judgement, (ICTR) App. Ch., 1 June 2001. 3 Kayishema and Ruzindana, Judgement, App. Ch., para. 48. Judge Shahabuddeen dissen- ted from the majority ruling on these points. 4 Kayishema and Ruzindana, Judgement, App. Ch., para. 11. The grounds were as follows: (i) the trial was unfair; (ii) the Trial Chamber erred in its assessment of the status of the prefet and his effective means of action in the Rwandan context; (iii) the Trial Chamber erred in its assessment of the individual responsibility of a prefet and his responsibility for acts committed

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