National Implementation of IHL
Fulgence Niyonteze case, Military Court of Appeal, 26 May 2000
Fulgence Niyonteze, Tribunal militaire d'appel, 26 Mai 2000

26.05.2000
Military Court of Appeal 1A
http://www.vbs.admin.ch/internet/vbs/fr/home/documentation/oa009.parsys.0008.downloadList.00081.DownloadFile.tmp/urteiln2instanz.pdf
(last accessed on 30.08.2013)

Summary
The defendant was the burgomaster of a municipality in Rwanda in 1994. He was charged, in the context of the Rwandan genocide, with exhorting the population to kill Tutsies and moderate Hutus and with inciting refugees to go back to their homes, with the intention of having them killed and taking their property.

The Military Court of First Instance found the defendant guilty of murder, attempted murder and grave breaches of the international conventions relating to the conduct of hostilities and the protection of persons and property. He was sentenced to life imprisonment.

The Military Court of Appeal partially upheld the judgment, reducing the sentence to 14 years' imprisonment. It found that the defendant was guilty under Art. 109 relating to violations of the laws of war, Article 3 common to the Geneva Conventions of 1949 and Article 4 of Additional Protocol II of 1977, the latter two articles being applicable to non-international armed conflicts.

This judgment was partially dismissed by the Military Court of Cassation, but solely with respect to matters relating to the deferred expulsion of the defendant from Switzerland.

Decision
File TypeSizeFile Name
application/pdf 103 KB Fulgence Niyonteze - Decision of 26 May 2000.pdf