Count 4 of the Indictment charged the Accused with murder as a crime against humanity for
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Summary
The Accused, Alfred Musema, was director of the Gisovu Tea Factory in Kibuye Prefecture
during the 1994 genocide in Rwanda. The Prosecutor alleged that on various occasions during
April, May and June 1994, Musema transported armed attackers, including employees of the
factory, to different locations in Gisovu and Gishyita communes and ordered them to attack
Tutsis seeking refuge there. He also personally took part in such attacks and killings. The
indictment against Musema was later amended to include charges that he committed various
acts of rape and that he ordered and encouraged others to rape and kill Tutsi women.
With regard to certain allegations concerning specific attacks, Trial Chamber I of the ICTR
found that either the evidence presented was not sufficient or that Musema's alibi cast doubt
on the Prosecution evidence. The Chamber was satisfied nevertheless that Musema had
participated in attacks at Gitwa Hill, Rwirambo Hill, Muyira Hill and at Mumataba during
late-April and mid-May and his alibi for that period was not accepted. The Chamber also
found that he had raped a woman named Nyiramusugi and, by his example, encouraged others
to rape her. For these acts, the Trial Chamber found Musema guilty of genocide and crimes
against humanity (extermination and rape) and sentenced him to life imprisonment.
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Procedural history
The initial indictment against Alfred Musema was submitted by the Prosecutor on 11 July
1996, and was confirmed on 15 July 1996. On 14 December 1998, the Chamber confirmed an
amended indictment, submitted on 20 November 1998 by the Prosecutor. In this indictment,
the count of complicity in genocide was pleaded alternatively to the existing count of
genocide.
By decision of the Chamber rendered on 6 May 1999, the Prosecutor was granted leave to
amend the Indictment against Musema,inter alia, by adding one new count and by expanding
on the facts adduced in the then existing Indictment in support of the new count. The Chamber
acknowledged that although the filing of the motion for leave to amend the Indictment came at
a late stage in the presentation of the Prosecutors case, this did not cause prejudice to the
Accused. Furthermore, the Chamber held that no undue delay would be caused to the
proceedings by allowing these amendments as all the pertinent witness statements had already
been disclosed to the Defence and as all witnesses the Prosecutor intended to rely upon in
support of the new count had already testified in the case.
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Related developments
The Accused appealed against his conviction and his sentence. The Appeals
Chamber delivered its judgment on 16 November 2001.
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Legally relevant facts
Under Count 1, the Prosecutor charged Musema with genocide under Articles 6(1) and 6(3) of
the Statute and, alternatively, under Count for complicity in genocide. These Counts relate to
the Accused's role in the rape and death of Annunciata (a Tutsi woman), and the death of her
son, as well as in the attack against Tutsi refugees at Gitwa Hill, at Rwiarambo Hill, at Muyira
Hill and the rape of Nyiramusugi, a young Tutsi woman, during this attack, at Mumataba Hill
and at Nyakavumu cave (paras. 884-935).
Under Count 3, the Accused was charged with conspiracy to commit genocide for the same
acts alleged under Counts 1 and 2 (paras. 937-938).
Under Count 5, the Accused was charged with extermination as a crime against humanity for
his participation in the attacks against Tutsis at Muyira Hill, at Mumataba Hill, in the
Nyakavumu cave, at Gitwa Hill and in Rwirambo (paras. 942-950).
the acts that also formed the basis for Count 5 (extermination) (paras. 952-953).
The Prosecution further charged him with other inhumane acts (Count 6) and rape (Count 7) as
crimes against humanity, as well as serious violations of Common Article 3 of the Geneva
Conventions and Additional Protocol II (Counts 8, 9) (paras. 959, 962, 969).
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Core legal questions
Whether the Accused was guilty of genocide, or in the alternative complicity in
genocide, under Article 6(1) and (3) of the Statute, for his role in the attacks against
Tutsis during April and May 1994.
Whether the Accused had conspired to commit genocide against Tutsis as an ethnic
group.
Whether the killings at Gitwa hill, Muyira hill, Rwirambo hill, Mumataba hill and at
the Nyakavumu cave constituted murder as a crime against humanity.
Whether the Accused was guilty of extermination as a crime against humanity under
Article 6(1) and (3) of the Statute for his participation in the attacks against Tutsis during
April and May 1994.
Whether the Accused was guilty of rape as a crime against humanity pursuant to
Article 6(1) and (3) of the Statute for the rape of Nyiramusugi on 13 May 1994.
Whether the Accused bore individual criminal responsibility for inhumane acts as a
crime against humanity and for war crimes against Tutsis.
What the appropriate sentence would be, in case the Accused was found guilty.
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Specific legal rules and provisions
Articles 2, 3, 4, 6(1),(3), 7, 8, 17, 18, 19(2), 20(4)(a), 22, 23 and 26 of the ICTR
Statute.
Rules 28, 39(i),(ii) 42, 43, 45(F), 46(A),(C), 47, 67(A),(B), 69, 89, 90bis, 91(B), 94,
95, 96(i), 101, 102, 103 and 104 of the ICTR Rules of Procedure and Evidence.
Article 3 common to the Geneva Conventions.
Articles 1(1), 3, 4, 13(2), 43, 50, 86, 86 of Additional Protocol II to the Geneva
Conventions.
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Court's holding and analysis
The Trial Chamber was satisfied beyond a reasonable doubt that the Accused was guilty of
genocide pursuant to Article 6(1) and (3) of the Statute for his role in the events described
under count 1 of the indictment (para. 936).
The Chamber dismissed count 3 on the grounds that the Prosecution had not clearly alleged or
adduced evidence that the Accused had conspired to commit genocide (paras. 940-941).
The Chamber found the Accused guilty of extermination as a crime against humanity, pursuant
to Articles 6(1) and 6(3) of the Statute (para. 951). Therefore, the Chamber dismissed count 4,
since the killings at Gitwa Hill, Muyira Hill, Rwirambo Hill, Mumataba Hill and at the
Nyakavumu cave were killings of collective groups of individuals, thus constituting
extermination and not murder (paras. 957-958).
The Chamber also dismissed Counts 6, 8, 9 of the indictment (paras. 961, 975).
The Trial Chamber found the Accused guilty of rape as a crime against humanity under Article
6(1) but not Article 6(3) of the Statute (paras. 967-968).
After taking into account the aggravating and mitigating circumstances, the Trial Chamber
sentenced the Accused to a single sentence of life imprisonment (para. 1008).
In their separate opinions, Judges Aspegren and Pillay expressed doubts regarding certain
factual findings of the majority (paras. 1 and 1-12 of the respective separate opinions).