In April of 1994, Rwandan President Habyarimana was assassinated. In the days following his death, chaos and violence erupted throughout Rwanda. As a result of the Hutu rebel group (the Interahamwe) indiscriminately killing members of the Tutsi ethnic group, thousands of Tutsi civilians fled their homes in Gikongoro, a prefecture in southern Rwanda. Many of the Tutsi sought refuge at places such as Kibeho Parish, Cyanika Parish, Kaduha Parish, Murambi technical school, and Ruhashya commune. During the next three months, the Interahamwe massacred an estimated 800,000 Tutsi and moderate Hutus. In 2001, Aloys Simba, a retired lieutenant colonel and former member of Rwandan parliament was arrested in Senegal and charged with committing various
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The trial began in August of 2004 and closed in July of 2005. Initially, the Prosecution charged Simba with four separate counts, pursuant to Articles 2, 3, and 6 of the ICTR Statute. These counts included genocide, complicity in genocide, extermination as a crime against humanity, and murder as a crime against humanity. First, the Prosecution proved that Simba was criminally responsible for the massacres that occurred on April 21, 2001 throughout Gikongoro prefecture. The Prosecution’s argument was based on Simba’s participation in a joint criminal enterprise, distribution of weapons to the attackers, and his statement at Kaduha Parish encouraging the attackers to “get rid of the filth” (Epps, 2014: 468). In regards to the crime of genocide, the Prosecution argued that by targeting Tutsi civilians, Simba violated Article 2 of the ICTR Statute. Article 2 defines the act of carrying out genocide as, “the specific intent to destroy, in whole or in part a group that is defined by one of the protected categories of nationality, race, ethnicity, or religion” (Epps, 2014: 469). More specifically, the Prosecution argued that under Article 2, Tutsi civilians are a protected group, and as such, crimes committed against them should be deemed as genocidal acts. The Prosecution further argued that
The trial began in August of 2004 and closed in July of 2005. Initially, the Prosecution charged Simba with four separate counts, pursuant to Articles 2, 3, and 6 of the ICTR Statute. These counts included genocide, complicity in genocide, extermination as a crime against humanity, and murder as a crime against humanity. First, the Prosecution proved that Simba was criminally responsible for the massacres that occurred on April 21, 2001 throughout Gikongoro prefecture. The Prosecution’s argument was based on Simba’s participation in a joint criminal enterprise, distribution of weapons to the attackers, and his statement at Kaduha Parish encouraging the attackers to “get rid of the filth” (Epps, 2014: 468). In regards to the crime of genocide, the Prosecution argued that by targeting Tutsi civilians, Simba violated Article 2 of the ICTR Statute. Article 2 defines the act of carrying out genocide as, “the specific intent to destroy, in whole or in part a group that is defined by one of the protected categories of nationality, race, ethnicity, or religion” (Epps, 2014: 469). More specifically, the Prosecution argued that under Article 2, Tutsi civilians are a protected group, and as such, crimes committed against them should be deemed as genocidal acts. The Prosecution further argued that