Norma relacionada
Rwanda
Practice Relating to Rule 151. Individual Responsibility
Rwanda’s Law Setting up Gacaca Jurisdictions (2001) aims
to organize the putting on trial of persons prosecuted for having, between 1 October 1990 and 31 December 1994, committed acts qualified and punished by the Penal Code and which constitute:
a) … crimes of genocide or crimes against humanity as defined by the [1948 Genocide Convention], by the [1949 Geneva Convention IV and the 1977 Additional Protocols], as well as in the [1968 UN Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity]. 
Rwanda, Law Setting up Gacaca Jurisdictions, 2001, Article 1.
The Law further provides:
Following acts of participation in offences in question in Article one of this organic law and committed between 1 October 1990 and 31 December 1994, the prosecuted person can be classified in one of the following categories:
Category 1:
a) The person whose criminal acts or criminal participation place among planners, organizers, incitators, supervisors of the crime of genocide or crime against humanity;
b) The person who, acting in a position of authority at the national, provincial or district level, within political parties, army, religious denominations or militia, has committed these offences or encouraged others to commit them;
c) The well-known murderer who distinguished himself in the location where he lived or wherever he passed, because of zeal which has characterized him in killings or excessive wickedness with which they were carried out;
d) The person who has committed rape or acts of torture against person’s sexual parts.
Category 2:
a) The person whose criminal acts or criminal participation place among authors, co-authors or accomplices of deliberate homicides or serious attacks against persons which caused death.
b) The person who, with intention of giving death, has caused injuries or committed other serious violence, but from which the victims have not died.
Category 3:
The person who has committed criminal acts or has become accomplice of serious attacks, without the intention of causing death to victims.
Category 4:
The person having committed offences against assets. 
Rwanda, Law Setting up Gacaca Jurisdictions, 2001, Article 51.
The Law adds:
The persons in the position of authority at the level of Sector or Cell at the time of genocide are classified in the category corresponding to offences they have committed, but their quality of leaders expose them to the most severe penalty for the defendants who are in the same category. 
Rwanda, Law Setting up Gacaca Jurisdictions, 2001, Article 52.
Moreover, the Law provides: “for the implementation of this organic law, the accomplice is the person who will have, by any means, assisted to commit offences to persons referred to in Article 51 of this organic law”. 
Rwanda, Law Setting up Gacaca Jurisdictions, 2001, Article 53(1).
Rwanda’s Law Repressing the Crime of Genocide, Crimes against Humanity and War Crimes (2003) provides:
Article: 17
Without prejudice to the provisions of the Penal Code relating to attempt and criminal participation, the following acts are punished by the penalties provided for the offences addressed by this law:
2° a proposal or an offer to commit such a crime and the acceptance of such a proposal or offer;
3° incitement, by way of speech, image or writing, to commit such a crime, even when without effect;
4° an agreement in order to commit such a crime, even when without effect;
5° complicity to commit such a crime, even when without effect;
6° failure to act, within the limits of their possibility to act, on the part of those who had knowledge of orders given to execute such a crime or of acts that started its execution, and could prevent its commission or end it;
7° an attempt to commit such a crime. 
Rwanda, Law Repressing the Crime of Genocide, Crimes against Humanity and War Crimes, 2003, Article 17.
In 2001, in a statement before the UN Commission on Human Rights, the Rwandan Minister of Justice stated that his government “was also committed to doing its utmost to prosecute and sentence those responsible for the genocide and other serious violations of human rights and international humanitarian law”. 
Rwanda, Statement by the Minister of Justice before the UN Commission on Human Rights, 30 March 2001, UN Doc. E/CN.4/2001/SR.25, 6 May 2002, § 73.
Rwanda’s Law on the Prosecution of the Crime of Genocide and Crimes against Humanity (1996) provides: “The court having jurisdiction over the civil action shall rule on damages even where the accused has died during the course of the proceedings or has benefited from an amnesty.” 
Rwanda, Law on the Prosecution of the Crime of Genocide and Crimes against Humanity, 1996, Article 31.
Rwanda’s Law Repressing the Crime of Genocide, Crimes against Humanity and War Crimes (2003) provides:
From the phase of preliminary investigations until the day of the final judgement, the president of the competent court can, upon written request by the injured party or the public prosecution, take all protective measures necessary to safeguard the interests of the injured party as to civil liability. 
Rwanda, Law Repressing the Crime of Genocide, Crimes against Humanity and War Crimes, 2003, Article 19.
Rwanda’s Organic Law Determining the Organization, Functioning and Jurisdiction of Courts (2004) provides:
Title 2: Jurisdiction of courts
Chapter 1: Jurisdiction of ordinary courts
Article: 90
The High Court of the Republic shall have jurisdiction to try any person including non-nationals found within the territory of the Republic of Rwanda, alleged to have committed, outside the national boundaries, any crimes falling within the category of international or cross-border crimes, especially the crimes of genocide, crimes against humanity, war crimes, terrorism, hostage taking, drug trafficking, money laundering, theft of motor vehicles for sale abroad, human trafficking especially of young girls, slavery and other crimes of similar nature. …
Chapter 2: Competence of specialised jurisdictions
Section 1. Jurisdiction based on subject matter or competence of the court
Sub-section 2: The Military Tribunal
Article: 138
Without prejudice to the provisions of article 139 of this organic law, the Military Tribunal tries in the first instance all offences committed by all Military personnel irrespective of their rank.
It also has powers to try Military personnel accused of the crime of genocide and crimes against humanity committed in Rwanda between October 1st 1990 and December 31st 1994, which place them in the first category irrespective of their ranks.
Section 3. General provisions related to Military Courts
Article: 145
A suit for damages arising out of a criminal offence triable by the Military Courts may be filed in the same Court hearing the criminal trial in Military Court or may be filed separately in a civil court with competent jurisdiction over the suit.
Title 3: General provisions related to ordinary courts
Chapter 3: General provisions to all courts
Section 1. Civil action for damages arising from a criminal offence
Article: 161
Civil claims arising out of a criminal offence are those instituted to recover damages for loss caused by the offence. A person aggrieved by the offence or his or her beneficiaries shall have the right to file a civil suit for damages.
Article: 162
A claim for damages arising out of a criminal offence may be heard at the same time by the same court hearing the criminal case. It may also be instituted separately. In that situation its proceedings shall stay until the criminal hearing is finally determined. 
Rwanda, Organic Law Determining the Organization, Functioning and Jurisdiction of Courts, 2004, Articles 90, 138, 145 and 161–162.
Article 6: Acts constituting the crime of Genocide perpetrated against Tutsi and other crimes against humanity within the jurisdiction of Mediation Committee