The Prosecutor v.

Alfred Musema
Court International Criminal Tribunal for Rwanda (Trial Chamber I), Tanzania
Case number ICTR-96-13-T
Decision title Judgement and Sentence
Decision date 27 January 2000
 The Prosecutor
Parties
 Alfred Musema

Categories Crimes against humanity, Genocide, War crimes

cause serious bodily or mental harm, crimes against humanity, ethnic group, extermination,
genocide, intent to destroy, Internal armed conflict, kill, Murder, other inhumane acts, rape,
Keywords
serious violations of Common Article 3 of the Geneva Conventions and Additional Protocol II,
widespread or systematic attack
Links  Judgement and Sentence
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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
Prosecutor’s 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).

Count 4 of the Indictment charged the Accused with murder as a crime against humanity for 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).

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Further analysis
 C. Aptel & J.A. Williamson, 'A Commentary on the Musema  Judgment Rendered by the United
Nations International Criminal Tribunal for Rwanda', Melbourne Journal of International Law, 2000,
Vol. 1, pp. 131-148;
 Women's Initiatives for Gender Justice, 'Sexual Violence and International Criminal Law: An Analysis
of the Ad Hoc Tribunal's Jurisprudence & the International Criminal Court's Elements of Crimes',
September 2005;
 L. van den Hole, 'A Case Study of Rape and Sexual Assault in the Judgments of the International
Criminal Tribunal for Rwanda (Akayesu and Musema) and the International Criminal Tribunal for the
Former Yugoslavia (Celebici, Furundzija, Kunarac, Todorovic, Skirica and Kvocka)', Eyes on the
ICC, 2004, Vol. 1, pp. 54 et seq..
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Instruments cited
 Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces
in the Field (GC I), 12 August 1949, 75 UNTS 35, entered into force 21 October 1950.
 Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked
Members of Armed Forces at Sea (GC II), 12 August 1949, 75 UNTS 81, entered into force 21
October 1950.
 Geneva Convention relative to the Treatment of Prisoners of War (GC III), 12 August 1949, 75 UNTS
135, entered into force 21 October 1950.
 Geneva Convention relative to the Protection of Civilian Persons in Time of War (GC IV), 12 August
1949, 75 UNTS 287, entered into force 21 October 1950.
 Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of
Victims of Non-International Armed Conflicts (AP II), 1125 UNTS 609, 8 June 1977, entered into force
7 December 1979.
 Statute of the International Criminal Tribunal for Rwanda (ICTR Statute), UN Doc S/RES/955, UN
Security Council, 1994.
 Rules of Procedure and Evidence of the International Criminal Tribunal for Rwanda (ICTR RPE), UN
Doc ITR/3/Rev. 6, adopted on 29 June 1995, as amended on 8 June 1998.
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Additional materials
 TRIAL Fact Sheet: Alfred Musema;
 ICTR, 'Tea Factory Director Convicted of Genocide', ICTR Press Release, 27 January 2000;
 Hirondelle News Agency, 'Former Rwandan Tea Factory Boss Gets Life Sentence for Genocide and
Rape', 27 January 2000.

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