Talk:Elizaphan Ntakirutimana

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Actually (as the originator of the article has pointed out to me) from the judgement, Elizaphan Ntakirutimana was found guilty of "genocide", not of "participating in genocide"... The judgement states:

In respect of Elizaphan Ntakirutimana:

   Count 1A Mugonero & Count 1 Bisesero: Guilty of Genocide

   [Count 1B Mugonero & Count 2 Bisesero: Alternative Count of Complicity in Genocide is inapplicable]

   Count 2 Mugonero & Count 3 Bisesero: Not Guilty of Conspiracy to Commit Genocide

   Count 3 Mugonero & Count 4 Bisesero: Not Guilty of Crimes Against Humanity (Murder)

   Count 4 Mugonero & Count 5 Bisesero: Not Guilty of Crimes Against Humanity (Extermination)

   Count 5 Mugonero & Count 6 Bisesero: Not Guilty of Crimes Against Humanity (Other Inhumane Acts)

   Count 7 Bisesero: Not Guilty of Serious Violations of Article 3 Common to the Geneva Conventions and of Additional Protocol II

--Amortize 1 July 2005 13:21 (UTC)

Thank you for that. You are right, I was in fact referring to the legal definition of "genocide". The relevant document in this regard is the Statute of the International Criminal Tribunal for Rwanda, whose Article 2 specifies what, in the eyes of International Criminal Law, should constitute genocide. It reads as follows:

"Article 2: Genocide

1. The International Tribunal for Rwanda shall have the power to prosecute persons committing genocide as defined in paragraph 2 of this Article or of committing any of the other acts enumerated in paragraph 3 of this Article.

2. Genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such: (a) Killing members of the group; (b) Causing serious bodily or mental harm to members of the group; (c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; (d) Imposing measures intended to prevent births within the group; (e) Forcibly transferring children of the group to another group.

3. The following acts shall be punishable: (a) Genocide; (b) Conspiracy to commit genocide; (c) Direct and public incitement to commit genocide; (d) Attempt to commit genocide; (e) Complicity in genocide."

As you rightly point out, Ntakirutimana was found guilty of "genocide". "Participation in genocide" would, from a legal point of view, be misleading, as it may indicate that Ntakirutimana was not a principal perpetrator, but an aider and abettor in the crime. (In fact, he was acquitted of a charge of complicity in genocide, but was convicted of genocide).

Josias Bunsen 1 July 2005 17:40 (UTC)