Akazu: “Little house”; used to refer to group of individuals close to President Habyarimana
CDR: Coalition pour la Défense de la République (Coalition for the Defence of the Republic)
CRP: Le Cercle des Républicains Progressistes (Circle of Progressive Republicans)
Gukora: To work; sometimes used to refer to killing Tutsi
Gutsembatsemba: “Kill them” in the imperative form
Icyitso/Ibyitso: Accomplice; RPF sympathizer/accomplice; sometimes used to refer to Tutsi
Impuzamugambi: “Those who have the same goal”; Name of youth wing of CDR
Inkotanyi: RPF soldier; sometimes used to refer to Tutsi
Inkuba: “Thunder”; Name of youth wing of MDR
Interahamwe: “Those who attack together”; Name of youth wing of MRND
Inyenzi: Cockroach; group of refugees set up in 1959 to overthrow the new regime; sympathizer of RPF; sometimes used to refer to Tutsi
Kangura: “Awaken” in the imperative form; Name of newspaper published in Kinyarwanda and French
MDR: Mouvement Démocratique Républicain (Democratic Republican Movement)
MRND: Mouvement Révolutionnaire National pour le Développement (National Revolutionary Movement for Development)
PL: Parti Libéral (Liberal Party)
PSD: Parti Social Démocrate (Social Democratic Party)
RDR: Rassemblement Républicain pour la Démocratie au Rwanda (Republican Assembly for the Democracy of Rwanda)
RPF: Rwandan Patriotic Front
RTLM: Radio Télévision Libre des Milles Collines
Rubanda nyamwinshi: Majority people, Hutu majority or the democratic majority of Rwanda
Tubatsembatsembe: “Let’s kill them”
N.B. As per the disclaimer, neither the ICRC nor the authors can be identified with the opinions expressed in the Cases and Documents. Some cases even come to solutions that clearly violate IHL. They are nevertheless worthy of discussion, if only to raise a challenge to display more humanity in armed conflicts. Similarly, in some of the texts used in the case studies, the facts may not always be proven; nevertheless, they have been selected because they highlight interesting IHL issues and are thus published for didactic purposes.
[Source: ICTR, The Prosecutor v. Ferdinand Nahimana, Jean-Bosco Barayagwiza, Hassan Ngeze; footnotes omitted; available on http://www.ictr.org]
2. The Accused
3. The Indictments
4. RTLM
4.1 RTLM Broadcasts
4.1.1 Before 6 April 1994
A Hutu child, ... let me take my own example, for I was born a Hutu; my father is a Hutu, my grandfather is a Hutu, my great grandfather is a Hutu and all my mother’s parents are Hutus. [...] They brought me up as a Hutu, I grew up in Hutu culture. I was born before the 1959 revolution; my father did forced labor [...]. My mother used to weed in the fields of the Tutsis who were in power. My grandfather paid tribute-money. I saw all those things, and when I asked them why they go to cultivate for other people, weed for other people when our gardens were not well maintained, they would tell me: “That is how things are; we must work for the Tutsis.” [...]
Yes! Notable among them are the RPF people who are asking everybody to admit that the ethnic groups do not exist. And when one raises the issue, they say that such a person is “unpatriotic, an enemy of peace, whose aim is to divide the country into two camps. However, it looks like right from the beginning of our discussion, we have proved that the ethnic groups do exist, that the ethnic problem does exist, but that today it is being linked to ... by the way, it is not only today, this dates back a long time ago, it is associated with the quest for power.
The RPF claim that they are representing the Tutsis, but they deny that the Tutsis are in the minority. They are 9% of the population. The Hutus make up 80%! So, their conclusion is, “If we accepted that we are Tutsis and accepted the rules of democracy, and we went to the polls, the Hutus will always have the upper hand and we shall never rule.” Look at what happened in Burundi: they also thought like that. Those who staged the coup d’Etat thought in the same way. Their mentality is like that of the Inyenzi, whose only target is power, yet they know very well that today it is unacceptable to attain power without going through the democratic process... They wonder: “How shall we go about acceding to power?” and they add: “The best way is to refute the existence of ethnic groups, so that when we are in power, nobody will say that it is a single ethnic group that is in power.” That is the problem we are facing now. [...]
Not all Tutsis are wicked; some of them are wicked. Not all Hutus are good, some of them are wicked. Of the ethnic groups, there are some wicked Twas This shows that human nature remains the same among all the ethnic groups in Rwanda, among all the men in Rwanda. But what type of person got it into his head that the RTLM hates the Tutsis? What have the Tutsis done to incur our hatred? A Tutsi, (he smiles) who ... and which way are the Tutsis hated? The mere fact of seeing a Tutsi strolling about forces you to say he has a beautiful nose, that he is tall and slim, and what not. And you grudge him for that? If he has a beautiful, aquiline nose, you also have your own nose that is fat and which allows you to breathe enough air to ventilate your lungs. [...]
[...] However, in this war, in this hard turn that Hutus and Tutsis are turning together, some colliding on others, some cheating others in order to make them fall fighting ... I have to explain and say: “This and that...The cheaters are so-and-so ...” You understand ... If Tutsis want to seize back the power by tricks ... Everybody has to say: “Mass, be vigilant ... Your property is being taken away. What you fought for in ‘59 is being taken away.” So kids, do not condemn me. I have nothing against Tutsis, or Twas, or Hutus. I am a Hutu but I have nothing against Tutsis. But in this political situation I have to explain: “Beware, Tutsis want to take things from Hutus by force or tricks.” So, there is not any connection in saying that and hating the Tutsis. When a situation prevails, it is talked of.
We know the wisdom of our armed forces. They are careful. They are prudent. What we can do is to help them whole-heartedly. A short while ago, some listeners called to confirm it to me saying: ‘We shall be behind our army and, if need be, we shall take up any weapon, spears, bows. ... Traditionally, every man has one at home, however, we shall also rise up. Our thinking is that the Inkotanyi must know that whatever they do, destruction of infrastructure, killing of innocent people, they will not be able to seize power in Rwanda. Let them know that it is impossible. [...]
But in Bilyogo I carried out an investigation, there are some people allied with the Inkotanyi, the last time, we caught Lt Eric there, I say to him that if he wants, that he comes to see where his beret is because there is even his registration, we caught him at Nyiranuma’s house in Kinyambo. There are others who have become Inkotanyi, Marc Zuberi, good day Marc Zuberi (he laughs ironically), Marc Zuberi was a banana hauler in Kibungo. With money from the Inkotanyi he has just built himself a huge house there, therefore he will not be able to pretend, only several times he lies that he is Interahamwe; to lie that you are Interahamwe and when the people come to check you, they discover that you are Inkotanyi. This is a problem, it will be like at Ruhengeri when they (Inkotanyi) came down the volcanoes taking the names of the CDR as their own, the population welcomed them with joy believing that it was the CDR who had come down and they exterminated them. He also lies that he is Interahamwe and yet he is Inkotanyi, it’s well-known. How does he manage when we catch his colleague Inkotanyi Tutsi? Let him express his grief.
Let’s go to Gitega, I salute the council, let them continue to keep watch over the people because at Gitega there are many people and even Inkotanyi. There is even an old man who often goes to the CND, he lives very close to the people from MDR, near Mustafa, not one day passes without him going to the CND, he wears a robe, he has an eye nearly out of its socket, I do not want to say his name but the people of Gitega know him. He goes there everyday and when he comes from there he brings news to Bilyogo to his colleague’s house, shall I name them? Gatarayiha Seleman’s house, at the house of the man who limps “Ndayitabi”.
At RTLM, we have decided to remain vigilant. I urge you, people of Biryogo, who are listening to us, to remain vigilant. Be advised that a weevil has crept into your midst. Be advised that you have been infiltrated, that you must be extra vigilant in order to defend and protect yourself. You may say: “Gahigi, aren’t you trying to scare us?” This is not meant to scare you. I say that people must be told the truth. That is useful, a lot better than lying to them. I would like to tell you, inhabitants of Biryogo, that one of your neighbors, named Manzi Sudi Fadi, alias Bucumi, is no longer among you. He now works as a technician for Radio Muhabura. We have seized a letter he wrote to Ismael Hitimana, alias Safari,... heads a brigade of Inkotanyi there the [sic] in Biryogo area, a brigade called Abatiganda. He is their coordinator. It’s a brigade composed of Inkotanyi over there in Biryogo. [...]
As you can see, the brigade does exist in the Biryogo area. You must know that the man Manzi Sudi is no longer among you, that the brigade is headed by a man named Hitimana Ismaël, co-ordinator of the Abatiganda brigade in Biryogo. The Manzi Sud also wrote: “Be strong. I think of you a great deal. Keep your faith in the war of liberation, even though there is not much time left. Greetings to Juma, and Papa Juma. Greetings also to Espe´rance, Clarisse, Cintre´ and her younger sister, ... Umutoni.”
They want to carry out a little something during the Easter period. In fact, they’re saying: “We have the dates hammered out.” They have the dates, we know them too. They should be careful, we have accomplices among the RPF. … who provide us with information. They tell us, “On the 3rd, the 4th and the 5th, something will happen in Kigali city.” As from today, Easter Sunday, tomorrow, the day after tomorrow, a little something is expected to happen in Kigali city; in fact also on the 7th and 8th. You will therefore hear gunshots or grenade explosions. Nonetheless, I hope that the Rwandan armed forces are vigilant. There are Inzirabwoba [fearless], yes, they are divided into several units! The Inkotanyi who were confronted with them know who they are... As concerns the protection of Kigali, yes, indeed, we know, we know, on the 3rd, the 4th and the 5th, a little something was supposed to happen in Kigali. And in fact, they were expected to once again take a rest on the 6th in order to carry out a little something on the 7th and the 8th ... with bullets and grenades. However, they had planned a major grenade attack and were thinking: “After wrecking havoc in the city, we shall launch a large-scale attack, then ...”
4.1.2 After 6 April 1994
You the people living in Rugunga, those living over there in Kanogo, those living in Kanogo, in fact, those living in Mburabuturo, look in the woods of Mburabuturo, look carefully, see whether there are no Inyenzis inside. Look carefully, check, see whether there are no Inyenzis inside ...
The war we are waging, especially since its early days in 1990, was said to concern people who wanted to institute “democracy” We have said time and again that it was a lie. these days, they trumpet, they say the Tutsi are being exterminated, they are being decimated by the Hutu, and other things. I would like to tell you, dear listeners of RTLM, that the war we are waging is actually between these two ethnic groups, the Hutu and the Tutsi. [...]
If everybody, if all the 90% of Rwandans, rise like one man and turn on the same thing called Inkotanyi, only on the thing called Inkotanyi, they will chase it away until it disappears and it will never dream of returning to Rwanda. If they continue killing themselves like this, they will disappear. Look, the day all these young people receive guns, in all the communes, everyone wants a gun, all of them are Hutu, how will the Tutsi, who make up 10% of the population, find enough young people, even if they called on the refugees, to match those who form 90% of the population.
How are the Inkotanyi going to carry this war through? If all the Hutu children were to stand up like one man and say we do not want any more descendents of Gatutsi in this country, what would they do? I hope they understand the advice that even foreigners are giving them. [...]
One hundred thousand young men must be recruited rapidly. They should all stand up so that we kill the Inkotanyi and exterminate them, all the easier that [Tr.] the reason we will exterminate them is that they belong to one ethnic group. Look at the person’s height and his physical appearance. Just look at his small nose and then break it. Then we will go on to Kibungo, Rusumo, Ruhengeri, Byumba, everywhere. We will rest after liberating our country. [...]
So, where did all the Inkotanyi who used to telephone me go, eh? They must have been exterminated. Let us sing: “Come, let us rejoice: the Inkotanyi have been exterminated! Come dear friends, let us rejoice, the Good Lord is just.” The Good Lord is really just, these evildoers, these terrorists, these people with suicidal tendencies will end up being exterminated. When I remember the number of corpses that I saw lying around in Nyamirambo yesterday alone; they had come to defend their Major who had just been killed. Some Inkotanyi also went to lock themselves up in the house of Mathias. They stayed there and could not find a way to get out, and now they are dying of hunger and some have been burnt. However, the Inkotanyi are so wicked that even after one of them has been burnt and looks like a charred body, he will still try to take position behind his gun and shoot in all directions and afterwards he will treat himself, I don’t know with what medicine. Many of them had been burnt, but they still managed to pull on the trigger with their feet and shoot. I do not know how they are created. I do not know. When you look at them, you wonder what kind of people they are. In any case, let us simply stand firm and exterminate them, so that our children and grandchildren do not hear that word “Inkotanyi” ever again. [...]
The contempt, the arrogance, the feeling of being unsurpassable have always been the hallmark of the Tutsis. They have always considered themselves more intelligent and sharper compared to the Hutus. It’s this arrogance and contempt which have caused so much suffering to the Inyenzi-Inkotanyi and their fellow Tutsis, who have been decimated. And now the Inyenzi-Inkotanyi are also being decimated, so much so that it’s difficult to understand how those crazy people reason. [...]
Some moments ago, I was late due to a small Inkotanyi captured in Kimisagara. It is a minor Inkotanyi aged 14. [...] So Inkotanyi who may be in Gatsata or Gisozi were using this small dirty Inkotanyi with big ears who would come with a jerrican pretending to go to fetch water but he was observing the guns of our soldiers, where roadblocks are set and people on roadblocks and signal this after. It is clear therefore, we have been saying this for a long time, that this Inkotanyi’s tactic to use a child who doesn’t know their objective making him understand that they will pay him studies; that they will buy him a car and make him do for their war activities, carry ammunitions on the head for them. And give him a machine to shoot on the road any passenger while they have gone to dig out potatoes. Truly speaking it is unprecedented wickedness to use children during the war, because you know that a child doesn’t know anything.
I will also tell you about Kivugiza, where I went yesterday and where [I] saw Inkotanyi in the Khadafi mosque; over one hundred of them had been killed. However, others arrived. When they reached the place, I went there to take a look and saw that they looked like cattle for the slaughter. I don’t know whether they have already been slaughtered today or whether they will be slaughtered tonight. But in fact, whoever cast a spell on these Rwandan children (or foreigners if that is the case) went all out They are braving the shots fired by the children of Rwanda in a suicidal manner. I feel they are going to perish if they are not careful.
They have deceived the Tutsi children, promising them unattainable things. Last night, I saw a Tutsi child who had been wounded and thrown into a hole 15 meters deep. He managed to get out of the hole, after which he was finished with a club. Before he died he was interrogated. He answered that the Inkotanyi had promised to pay for his studies up to university. However, that may be done without risking his life and without devastating the country. We do not understand the Inkotanyi’s attitude. They do not have more light or heavy weapons than us. We are more numerous than them. I believe they will be wiped out if they don’t withdraw.
[...]
Let me congratulate thousands and thousands of young men I’ve seen this morning on the road in Kigali doing their military training to fight the Inkotanyi ... At all costs, all Inkotanyi have to be exterminated, in all areas of our country. Whether they reach at the airport or somewhere else, but they should leave their lives on the spot. That’s the way things should be ... Some (passengers) may pretext that they are refugees, others act like patients and other like sick-nurses. Watch them closely, because Inkotanyi’s tricks are so many... Does it mean that we have to go in refugee camps to look for people whose children joined the RPA and kill them? I think we should do it like that. We should also go in refugee camps in the neighbouring countries and kill those who sent their children within the RPA. I think it’s not possible to do that. However, if the Inkotanyi keep on acting like that, we will ask for those whose children joined the RPA among those who will have come from exile and kill them. Because if we have to follow the principle of an eye for an eye, we’ll react. It can’t be otherwise.
Another man called Aloys, Interahamwe of Cyahafi, went to the market disguised in military uniform and a gun and arrested a young man called Yirirwahandi Eustache in the market In his Identity Card it is written that he is a Hutu though he acknowledges that his mother is a Tutsi Aloys and other Interahmawe of Cyahafi took Eustache aside and made him sign a paper of 150000 Frw. He is now telling me that they are going to kill him and he is going to borrow this amount of money. He is afraid of being killed by these men. If you are an Inyenzi you must be killed, you cannot change anything. If you are Inkotanyi, you cannot change anything. No one can say that he has captured an Inyenzi and the latter gave him money, as a price for his life. This cannot be accepted. If someone has a false identity card, if he is Inkotanyi, a known accomplice of RPF, don’t accept anything in exchange. He must be killed.
So, dear listeners, you have noticed that these students are very young and that can be very dangerous. We have to say that this confirms sufficiently the information that was diffused on RTLM saying that the RPF has infiltrated schools.
[...]
I would like at this time to salute those young people near the slaughterhouse, the one near Kimisagara ... Yesterday I found them dancing zouk. They had even killed a small pig. I would like to tell you that ... Oh no! The thing you gave me to smoke it had a bad effect on me. I took three puffs. It is strong, very strong, but it appears to make you quite courageous. So guard the trench well so to prevent any cockroach [Inyenzi] passing there tomorrow. Smoke that little thing, and give them hell.[...]
Witness Evidence of RTLM Programming [...]
Discussion of Evidence
[...]
Factual Findings
4.2 Ownership and Control of RTLM [...]
Discussion of Evidence on Control of RTLM After 6 April 1994
Factual Findings
4.3 Notice of Violations [...]
Factual Findings
1. Introduction
2. Genocide
RTLM
Causation
[...]
Genocidal Intent
... they say the Tutsi are being exterminated, they are being decimated by the Hutu, and other things. I would like to tell you, dear listeners of RTLM, that the war we are waging is actually between these two ethnic groups, the Hutu and the Tutsi.
They should all stand up so that we kill the Inkotanyi and exterminate them the reason we will exterminate them is that they belong to one ethnic group. Look at the person’s height and his physical appearance. Just look at his small nose and then break it.
3. Direct and Public Incitement to Commit Genocide
Jurisprudence
ICTR Jurisprudence
... [T]he Chamber is of the opinion that the direct element of incitement should be viewed in the light of its cultural and linguistic content. Indeed, a particular speech may be perceived as ‘direct’ in one country, and not so in another, depending on the audience. The Chamber further recalls that incitement may be direct, and nonetheless implicit... .
The Chamber will therefore consider on a case-by-case basis whether, in light of the culture of Rwanda and the specific circumstances of the instant case, acts of incitement can be viewed as direct or not, by focusing mainly on the issue of whether the persons for whom the message was intended immediately grasped the implication thereof.
Charges Against the Accused [...]
RTLM
4. Conspiracy to Commit Genocide
5. Complicity in Genocide
6. Crimes Against Humanity (Extermination)
7. Crimes Against Humanity (Persecution)