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3 Int'l Crim. L. Rev. 169 (2003)
Current Developments in the Jurisprudence of the International Criminal Tribunal for Rwanda

handle is hein.journals/intcrimlrb3 and id is 175 raw text is: International Criminal Law Review 3: 169-181, 2003.           169
(© 2003 Kluwer Academic Publishers. Printed in the Netherlands.
Current Developments in the Jurisprudence of the International
Criminal Tribunal for Rwanda
Judgement of the Appeals Chamber in the Case of Alfred Musema v. The
Multiple Convictions Based on the Same Set of Facts; Corroboration of Wit-
ness Testimony; Testimony of Protected Witnesses; Burden of Proof: Alibi;
Effect of Additional Evidence
On 6 November 2001, the Appeals Chamber of the International Criminal
Tribunal for Rwanda (ICTR) delivered its Judgement in the matter of Alfred
Musema v. The Prosecutor.2 The Appeals Chamber confirmed the convic-
tion of Musema, a former director of a tea factory, for genocide and for
extermination as a crime against humanity. However, after admitting new
evidence, the Appeals Chamber quashed Musema's conviction for rape as
a crime against humanity. The Chamber nevertheless affirmed the sentence
of life imprisonment handed down by the Trial Chamber.
Alfred Musema was indicted on nine counts of alleged responsibility for
genocide or, in the alternative, complicity in genocide; conspiracy to commit
genocide; crimes against humanity of murder, extermination, other inhumane
acts, and rape; and serious violations of Article 3 common to the Geneva
Conventions and of Additional Protocol II thereto.3 The charges arose out
of Musema's alleged involvement in crimes committed in Kibuye prefecture
in Rwanda during the 1994 genocide. Musema denied the charges. The Trial
1 Legal Officer, Judgement Coordinator, United Nations, International Criminal Tribunal
for Rwanda. LLD candidate, University of South Aftica; 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 Musema v. Prosecutor, Case No. ICTR 96-13-A, Judgement, (ICTR) App. Ch., 6
November 2001.
3 Prosecutor v. Musema, Case No. ICTR 96-13-T, Judgement, (ICTR) Tr. Ch., 27 January
2000, Annex A.

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