The Prosecutor v. Théoneste Bagosora, Gratien Kabiligi, Anatole Nsengiyumva, and Aloys Ntabakuze

Case Sheet · ICTR

The Prosecutor v. Théoneste Bagosora, Gratien Kabiligi, Anatole Nsengiyumva, and Aloys Ntabakuze

Case number	ICTR-98-41
Case Name	"Military I"
Status	Closed · Sentenced Acquitted Closed · Sentence Served

Context

Théoneste Bagosora was the directeur de cabinet of the Ministry of Defence.

Gratien Kabiligi was the head of the operations bureau (G-3) of the army general.

Anatole Nsengiyumva was the commander of the Gisenyi operational sector.

Aloys Ntabakuze was the commander of the elite Para Commando Battalion.

Pre-Trial

Initial Indictment	Théoneste Bagosora 5 August 1996 Gratien Kabiligi 15 October 1997 Anatole Nsengiyumva 12 July 1996 Aloys Ntabakuze 15 October 1997
Amended IndictmentS	Théoneste Bagosora 6 March 1998 12 August 1999 Gratien Kabiligi 13 August 1999 Anatole Nsengiyumva 12 August 1999 Aloys Ntabakuze 13 August 1999
Crimes Charged	Théoneste Bagosora Genocide Genocide · art. 2(3)(a) ICTRS Conspiracy to commit genocide · art. 2(3)(b) ICTRS Complicity in genocide · art. 2(3)(e) ICTRS Crimes against humanity Crime against humanity of murder · art. 3(a) ICTRS Crime against humanity of extermination · art. 3(b) ICTRS Crime against humanity of rape · art. 3(g) ICTRS Crime against humanity of persecution · art. 3(h) ICTRS Crime against humanity of other inhumane acts · art. 3(b) ICTRS Violations of Article 3 Common to the Geneva Conventions and of Additional Protocol II Violence to life, health and physical or mental well-being of persons, in particular murder as well as cruel treatment such as torture, mutilation or any form of corporal punishment  · art. 4(a) ICTRS Outrages upon personal dignity, in particular humiliating and degrading treatment, rape, enforced prostitution and any form of indecent assault · art. 4(e) ICTRS Gratien Kabiligi Genocide Genocide · art. 2(3)(a) ICTRS Conspiracy to commit genocide · art. 2(3)(b) ICTRS Complicity in genocide · art. 2(3)(e) ICTRS Crimes against humanity Crime against humanity of murder · art. 3(a) ICTRS Crime against humanity of extermination · art. 3(b) ICTRS Crime against humanity of rape · art. 3(g) ICTRS Crime against humanity of persecution · art. 3(h) ICTRS Crime against humanity of other inhumane acts · art. 3(b) ICTRS Violations of Article 3 Common to the Geneva Conventions and of Additional Protocol II Violence to life, health and physical or mental well-being of persons, in particular murder as well as cruel treatment such as torture, mutilation or any form of corporal punishment  · art. 4(a) ICTRS Outrages upon personal dignity, in particular humiliating and degrading treatment, rape, enforced prostitution and any form of indecent assault · art. 4(e) ICTRS Anatole Nsengiyumva Genocide Genocide · art. 2(3)(a) ICTRS Conspiracy to commit genocide · art. 2(3)(b) ICTRS Direct and public incitement to commit genocide · art. 2(3)(c) ICTRS Complicity in genocide · art. 2(3)(e) ICTRS Crimes against humanity Crime against humanity of murder · art. 3(a) ICTRS Crime against humanity of extermination · art. 3(b) ICTRS Crime against humanity of rape · art. 3(g) ICTRS Crime against humanity of persecution · art. 3(h) ICTRS Crime against humanity of other inhumane acts · art. 3(b) ICTRS Violations of Article 3 Common to the Geneva Conventions and of Additional Protocol II Violence to life, health and physical or mental well-being of persons, in particular murder as well as cruel treatment such as torture, mutilation or any form of corporal punishment  · art. 4(a) ICTRS Outrages upon personal dignity, in particular humiliating and degrading treatment, rape, enforced prostitution and any form of indecent assault · art. 4(e) ICTRS Aloys Ntabakuze Genocide Genocide · art. 2(3)(a) ICTRS Conspiracy to commit genocide · art. 2(3)(b) ICTRS Complicity in genocide · art. 2(3)(e) ICTRS Crimes against humanity Crime against humanity of murder · art. 3(a) ICTRS Crime against humanity of extermination · art. 3(b) ICTRS Crime against humanity of rape · art. 3(g) ICTRS Crime against humanity of persecution · art. 3(h) ICTRS Crime against humanity of other inhumane acts · art. 3(b) ICTRS Violations of Article 3 Common to the Geneva Conventions and of Additional Protocol II Violence to life, health and physical or mental well-being of persons, in particular murder as well as cruel treatment such as torture, mutilation or any form of corporal punishment  · art. 4(a) ICTRS Outrages upon personal dignity, in particular humiliating and degrading treatment, rape, enforced prostitution and any form of indecent assault · art. 4(e) ICTRS
Arrest and Transfer	Théoneste Bagosora 9 March 1996 · Arrested in Cameroon · Transferred to ICTR 23 January 1997 Gratien Kabiligi 18 July 1997 · Arrested in Kenya · Transferred to ICTR 18 July 1997 Anatole Nsengiyumva 27 March 1996 · Arrested in Cameroon · Transferred to ICTR 23 January 1997 Aloys Ntabakuze 18 July 1997 · Arrested in Kenya · Transferred to ICTR 18 July 1997
Initial Appearance	Théoneste Bagosora 20 February 1997 · No Plea 7 March 1997 · Plea: Not Guilty  Gratien Kabiligi 24 October 1997 · Plea: Not Guilty  Anatole Nsengiyumva 19 February 1997 · Plea: Not Guilty  Aloys Ntabakuze 17 February 1998 · Plea: Not Guilty

Trial

Trial Chamber	Trial Chamber I · Judges: Judge Erik Møse (Presiding), Judge Jai Ram Reddy, Judge Sergei Alekseevich Egorov
Trial Opening	2 April 2002
Trial Judgment	18 December 2008
Crimes at Trial Judgment	Théoneste Bagosora Genocide Genocide · art. 2(3)(a) ICTRS Crimes against humanity Crime against humanity of murder · art. 3(a) ICTRS Crime against humanity of extermination · art. 3(b) ICTRS Crime against humanity of rape · art. 3(g) ICTRS Crime against humanity of persecution · art. 3(h) ICTRS Crime against humanity of other inhumane acts · art. 3(b) ICTRS Violations of Article 3 Common to the Geneva Conventions and of Additional Protocol II Violence to life, health and physical or mental well-being of persons, in particular murder as well as cruel treatment such as torture, mutilation or any form of corporal punishment  · art. 4(a) ICTRS Outrages upon personal dignity, in particular humiliating and degrading treatment, rape, enforced prostitution and any form of indecent assault · art. 4(e) ICTRS Anatole Nsengiyumva Genocide Genocide · art. 2(3)(a) ICTRS Crimes against humanity Crime against humanity of murder · art. 3(a) ICTRS Crime against humanity of extermination · art. 3(b) ICTRS Crime against humanity of persecution · art. 3(h) ICTRS Crime against humanity of other inhumane acts · art. 3(b) ICTRS Violations of Article 3 Common to the Geneva Conventions and of Additional Protocol II Violence to life, health and physical or mental well-being of persons, in particular murder as well as cruel treatment such as torture, mutilation or any form of corporal punishment  · art. 4(a) ICTRS Aloys Ntabakuze Genocide Genocide · art. 2(3)(a) ICTRS Crimes against humanity Crime against humanity of murder · art. 3(a) ICTRS Crime against humanity of extermination · art. 3(b) ICTRS Crime against humanity of persecution · art. 3(h) ICTRS Crime against humanity of other inhumane acts · art. 3(b) ICTRS Violations of Article 3 Common to the Geneva Conventions and of Additional Protocol II Violence to life, health and physical or mental well-being of persons, in particular murder as well as cruel treatment such as torture, mutilation or any form of corporal punishment  · art. 4(a) ICTRS
Sentencing Judgment	Théoneste Bagosora Life imprisonment Gratien Kabiligi Acquitted Aloys Ntabakuze Life imprisonment Anatole Nsengiyumva Life imprisonment

Appeal - Théoneste Bagosora and Anatole Nsengiyumva

Appeals Chamber	Appeals Chamber · Judges: Judge Theodor Meron (Presiding), Judge Patrick Robinson, Judge Mehmet Giiney, Judge Fausto Pocar, Judge Liu Daqun
Appeals Filed By	Defence
Appeal Judgment	14 December 2011
Crimes at Appeal Judgment	Théoneste Bagosora Genocide Genocide · art. 2(3)(a) ICTRS Crimes against humanity Crime against humanity of murder · art. 3(a) ICTRS Crime against humanity of extermination · art. 3(b) ICTRS Crime against humanity of rape · art. 3(g) ICTRS Crime against humanity of persecution · art. 3(h) ICTRS Crime against humanity of other inhumane acts · art. 3(b) ICTRS Violations of Article 3 Common to the Geneva Conventions and of Additional Protocol II Violence to life, health and physical or mental well-being of persons, in particular murder as well as cruel treatment such as torture, mutilation or any form of corporal punishment  · art. 4(a) ICTRS Outrages upon personal dignity, in particular humiliating and degrading treatment, rape, enforced prostitution and any form of indecent assault · art. 4(e) ICTRS Anatole Nsengiyumva Genocide Genocide · art. 2(3)(a) ICTRS Crimes against humanity Crime against humanity of extermination · art. 3(b) ICTRS Crime against humanity of persecution · art. 3(h) ICTRS Violations of Article 3 Common to the Geneva Conventions and of Additional Protocol II Violence to life, health and physical or mental well-being of persons, in particular murder as well as cruel treatment such as torture, mutilation or any form of corporal punishment  · art. 4(a) ICTRS
Final Sentence	Théoneste Bagosora 35 years of imprisonment Anatole Nsengiyumva 15 years of imprisonment
Transfer to Serve Sentence	Théoneste Bagosora 4 July 2012 · Mali 25 September 2021 · Died Anatole Nsengiyumva Relocated to Niger, died under detention after his sentence was served.

Appeal - Aloys Ntabakuze

Appeals Chamber	Appeals Chamber · Judges: Judge Theodor Meron (Presiding), Judge Mehmet Güney, Judge Fausto Pocar, Judge Liu Daqun, Judge Arlette Ramaroson
Appeals Filed By	Defence
Appeal Judgment	8 May 2012
Crimes at Appeal Judgment	Aloys Ntabakuze Genocide Genocide · art. 2(3)(a) ICTRS Crimes against humanity Crime against humanity of extermination · art. 3(b) ICTRS Crime against humanity of persecution · art. 3(h) ICTRS Violations of Article 3 Common to the Geneva Conventions and of Additional Protocol II Violence to life, health and physical or mental well-being of persons, in particular murder as well as cruel treatment such as torture, mutilation or any form of corporal punishment  · art. 4(a) ICTRS
Final Sentence	Aloys Ntabakuze 35 years of imprisonment
Transfer to Serve Sentence	Benin

Key Documents

Amended Indictment	Amended Indictment [From page 607] (1999)
Trial Judgment	Trial Judgment (2008)
Appeal Judgment (Bagosora and Nsengiyumva)	Appeal Judgment (2011)
Appeal Judgment (Ntabakuze)	Appeal Judgment (2012)
ICTR Case Page	Official ICTR page