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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