|
IN
THE TRIAL CHAMBER OF THE INTERNATIONAL CRIMINAL TRIBUNAL FOR
RWANDA
RE: The Prosecutor of the
Tribunal against Jean-Paul Akayesu
------------------------------------------------------------------------
AMICUS BRIEF
RESPECTING AMENDMENT OF THE INDICTMENT AND
SUPPLEMENTATION OF THE EVIDENCE TO ENSURE THE PROSECUTION OF
RAPE AND OTHER SEXUAL VIOLENCE WITHIN THE COMPETENCE OF THE
TRIBUNAL
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The undersigned women's human rights legal scholars and
non-governmental organizations, who have worked to ensure
recognition of and accountability for violence against women in
the UN system, and, in particular, to guarantee gender justice
in the operation of the International Criminal Tribunals, hereby
request, pursuant to Tribunal Rule 74, leave to file the
following brief amicus curiae:
Introduction
1. Amici are concerned that the International Criminal
Tribunal for Rwanda fulfill its mandate to ensure the
prosecution of serious violations of humanitarian and human
rights law including rape and other serious forms of sexual
violence which comprise war crimes, crimes against humanity and
genocide within the competence of the Tribunal under Articles
2-4 of the Statute for the International Tribunal for Rwanda,
(Statute).
2. Amici recall that the full and fair prosecution of
sexual violence, required by the Tribunal Statute and Rules, is
also within the mandate of the community of nations forged at
the 1993 World Conference on Human Rights. The Vienna
Declaration and Programme of Action states that "the human
rights of women and the girl-child are an inalienable, integral,
and indivisible part of universal human rights" and that gender
issues are a "priority" issue and must be integrated in all
aspects of the functioning of the human rights system.
Reference:Vienna
Declaration and Programme of Action
para.18, 38. General Assembly, World Conference on Human Rights,
U.N. Doc. A/Conf. 157/23 (12 July l993) paras. 18, 38.
3. Accordingly, amici call upon the Trial Chamber
to exercise its supervisory authority, under the Tribunal
Statute and the Rules, to
* call upon the Prosecutor to amend the indictment
against Jean-Paul Akayesu to charge rape or other serious acts
of sexual violence as crimes within the competence of the
Tribunal;
* evaluate whether to supplement the record on such
charges either through calling its own witnesses pursuant to
Tribunal Rule 98, or through calling upon the Prosecutor to
consider supplementing the investigation and/or evidence in this
case.
* examine why none of the indictments issued thus far
have included charges of rape or other forms of sexual assault.
despite reliable reports documenting widespread rape and other
forms of sexual violence committed by the Hutu as part of the
widespread and genocidal violence, and, thereby, indicating the
availability of probative evidence, --
4. This brief will demonstrate (1) that the Trial
Chamber that has the authority and responsibility to ensure that
rape and other forms of sexual violence be properly charged and
presented at trial and (2) that a factual and legal basis exists
to warrant its intervention in this regard.
5. This intervention is precipitated by concern that
the Prosecutor has not charged rape and sexual violence, despite
testimony in the record, and other documentation indicating the
availability of other probative evidence, that sexual violence
was part of a campaign of violence constituting genocide, crimes
against humanity, and war crimes under Articles 2, 3, and 4 of
the Statute; and despite evidence that Akayesu is criminally
responsible for this violence under Article 6(1) and 6(3) of the
Statute.
6. Amici rely herein on the testimony and evidence
presented thus far in the Akayesu trial, as well as the
documentation carried out by human rights investigators,
indicating that further probative evidence is available to prove
these charges. With respect to the record already made, amici
are at a disadvantage because of their inability to obtain and
examine the full transcript of the trial to date. Given reports
that the Prosecution's case may be drawing to a close, amici
have chosen to submit this brief, acknowledging our inability to
examine the entire record, rather than wait and risk the
possibility that amendment of the indictment and supplementation
of the record, if that is required, would be barred.
I: The Trial
Chamber Has Supervisory Authority to Correct the Failure of the
Prosecutor to Charge and, if Necessary, Prove Rape and Other
Sexual Violence
7. Article 1 of the Statute of the Tribunal states
that the Rwanda Tribunal "shall have the power to prosecute
persons responsible for serious violations of international
humanitarian law committed in the territory of Rwanda and
Rwandan citizens responsible for such violations committed in
the territory of neighbouring States between 1 January l994 and
31 December l994. . . in accordance with the provisions of the
present Statute."
8. In order to accomplish this purpose, the Statute
confers upon the Prosecutor the duty to investigate charges,
prepare indictments and prosecutions, and upon the Trial
Chamber, the responsibility to hear the cases presented and
consider appeals. In so doing, the Statute and the Rules of
Procedure promulgated by the Trial Chamber pursuant to the
Statute, give the Chamber both explicit and inherent authority
to oversee as well as supplement the work of the Prosecutor in
order to ensure that the mandate of the Tribunal be fully
effectuated.
Reference:
Statute, Article 10,17'
Rules of Procedure,
Rule 47(A).
9. For example, the Rules of Procedure contemplate the role
of the Judge or the Trial Chamber to extend beyond simply
hearing and deciding upon evidence adduced at trial. Rather, a
Judge or the Trial Chamber, on its own motion, may issue such
orders, summonses, subpoenas, warrants and transfer orders as
may be necessary for the purposes of an investigation or for the
preparation or conduct of the trial.
Reference:
Rules of Procedure, Rule 54.
10. The Rules of Procedure also authorize the Judges of the
Trial Chamber to order either party to produce additional
evidence or it may, itself summon witnesses or order their
attendance.
Reference:
Rules of Procedure, Rule 98.
11. Respect for the principles of fairness and avoidance of a
miscarriage of justice are at the root of the authority of the
Tribunal and the Trial Chamber.
Reference:
Rules of Procedure, Rule 5.
12. As will be set out in greater detail below, the failure
to amend the indictment of the defendant Akayesu, where there
has been clear evidence at trial and further evidence is
indicated by the available documentation, produces unfairness
and constitutes a miscarriage of justice within the general
mandate of the Tribunal to prosecute persons responsible for
serious violations of humanitarian law since:
(1) . . .The grave violations of human rights suffered by the
women who were raped in the Taba Commune under the authority of
Akayesu are ignored;
(2) . . .Jean Paul Akayesu is given effective impunity for the
rapes which were committed in his Commune;
(3) . . .The community, and particularly the women of the
community, are denied vindication and the satisfaction that
there has been a fair trial of the issue and that justice has
been done;
(4) . . .The failure by the Prosecutor to pursue investigating
and convicting Akayesu on charges of rape in the face of
testimony of rape at trial leaves the impression that the
Tribunal does not consider rape and sexual violence to be as
important an offence as other offences and is thereby
discriminatory to women; and
(5) . . .Finally, since justice must be
considered to have two aspects: a corrective and a normative
aspect. The absence of charges of rape in the prosecution of
Akayesu, therefore, not only fails to redress the harms done to
women raped under Akayesu's ostensible control but also fails to
normatively establish that rape is egregious and unacceptable
conduct.
13. Except by way of objection from an amicus curiae or by
proprio motu of a Judge or Trial Chamber, acts of the Prosecutor
which are in violation of the Rules and which constitute a
miscarriage of justice, but which benefit the Accused, would go
unremedied.
14. Having regard, therefore, to the mandate of the Tribunal
to bring to justice those persons who have violated
international humanitarian law and the inherent supervisory
authority that flows from this mandate; to the authority of the
Judges to make declarations with respect to non-compliance with
the Rules; and to the injustice which will result if Akayesu is
not prosecuted on charges of rape, it is submitted that the
Statute and the Rules of Procedure permit the Trial Chamber
presiding over the trial of Jean Paul Akayesu to remedy acts
which would result in the miscarriage of justice and to call
upon the Prosecutor to add charges of rape to the indictment.
Any prejudice which such an amendment would cause to the accused
can be remedied by re-calling witnesses "H" and "J" and any
other pertinent witnesses, if the defendant should so request.
15. It is also submitted that a Judge or the Trial Chamber has
the power to supplement the record on these charges, if
necessary, either through calling upon the Prosecutor to
undertake further investigation and/or submission of evidence or
through calling witnesses proprio motu.
II: The Prosecution of Rape and other
Forms of Sexual Violence is within the Subject-Matter
Jurisdiction of the Tribunal
16. The International Tribunal for Rwanda is broadly empowered
to prosecute persons who have criminal responsibility for
genocide, crimes against humanity, and violations of Article 3
common to the Geneva Conventions and of Additional Protocol II.
Reference:
Statute, Articles 1, 2, 3 ,4 and 6.
17. In the Statute, rape is explicitly cited as a crime
against humanity and a serious violation of Article 3 common to
the Geneva Conventions. It also constitutes torture and cruel
treatment.
Reference:
Statute, Articles 3(g)(f) and 4(a)(e).
18. Other forms of sexual violence fall within the purview of
the Statute. For example, the mutilation of the genitalia and
breasts of Tutsi women and forcing them to walk naked in the
streets constitute torture and cruel treatment and are outrage
to the personal dignity of the women.
Reference:
Statute, Articles 3(f) and 4(a) and (e).
19. Rape
and other forms of sexual violence, including killing pregnant
women, also constitute genocide where the requirements of
Article 2 are met. In the case of Rwanda, rape and sexual
violence were an integral part of the genocidal campaign,
inspired by hatred of Tutsi women, designed to result in death
or to destroy a woman from a physical, mental or social
perspective and her capacity to participate in the reproduction
and production of the community.
Reference:
Statute, Article 2(2)(a)-(d).
20. The Tribunal, therefore, is unquestionably mandated to
prosecute persons who have raped or been responsible for the
rape of, or other sexual violence against, Tutsi women and
targeted Hutu women.
III. The
Pervasive Occurrence of Rape in Rwanda and in the Taba Commune
21.
Subject to the limitations discussed in regard to the trial
transcripts and confidential information available to the
Prosecutor and the Trial Chamber , the following facts are
identified based on excerpts of the testimony from Jean-Paul
Akayesu's trial as well as the referenced documentation
indicating the availability of further probative evidence.
22. Rape and other forms of sexual violence were an integral
and pervasive part of the widespread genocidal violence
committed against Tutsi women in Rwanda from January 1994 to
December 1994.
Reference:
Final Report of the Commission of Experts Established Pursuant
to Security Council Resolution 935
(1994), U.N. SCOR, 49th Sess., Annex, at 3, U.N. Doc.
S/1994/1405 (1994).
Rwanda: Death, Despair and Defiance,
African Rights, September 1994.
Report on Assignment to Rwanda
(12 June to 24 July 1995), Maricela Daniel, Community Services
Coordinator, UNHCR, Kigali.
Shattered Lives: Sexual Violence during the Rwandan Genocide and
its Aftermath,
Human Rights Watch/Africa Human Rights Watch Women's Rights
Project/ Federation Internationale des ligues des Droits de
l'Homme, September, 1996.
Rwanda: Killing the Evidence: Murder, Attacks, Arrests and
Intimidation of Survivors and Witnesses,
African Rights, April 1996.
The Genocide in Rwanda: Sexual Abuses and Violence against
Rwandan Women,
Kalliope Migirou, European Union Field Officer/ UN Human Rights
Field Operation in Rwanda, presented at an International
Conference on Violence, Abuse and Women's Citizenship, Brighton,
UK, November 1996.
23. Specifically, the Prosecutor submitted some evidence and
it has been otherwise documented that the Taba commune, in the
prefecture of Gitarama, was one site of pervasive sexual
violence committed against Tutsi women during the period between
January 1994 and December 1994.
Reference: Testimony
of Witness "H", Official English Version of the
Transcript in The Matter of the Trial of Jean-Paul Akayesu,
for hearing dates March 6, 1997 and March 7, 1997.
Testimony of Witness "J",
Official English Version of Transcript
unavailable to amici. Reuters N. American Wire, 1/27/97.
Shattered Lives: Sexual Violence during the Rwandan Genocide and
its Aftermath,
Human Rights Watch et al.
24. Indeed, the Prosecutor stated in
his opening that the rape of young girls and women formed a part
of the genocidal and widespread violence by the Hutu population
against the Tutsi population in Rwanda.
"Our evidence will show that in 1994 in Rwanda, there was
systematic and widespread murder, imprisonment, torture,
persecution and sexual assault and mutilations and infliction of
other inhumane acts against the Tutsi population and moderate
Hutus on political and ethnic grounds".
Reference:
Unofficial English Translation of The International Criminal
Tribunal For Rwanda
in the Matter of the Trial of Jean-Paul Akayesu,
held on January 9, 1997, p. 39, lines 8-15.
IV. Evidence of
Rape in the Taba Commune Presented in the Akayesu Trial
25. Witness "J" testified that she had witnessed the rape of
her six-year-old daughter by three Hutu men when they came to
kill her father.
Reference:
Reuters North American Wire, January 27, 1997.
26. Witness "H" testified to both having been raped and having
witnessed the rape of other women. Witness "H" was hiding in a
banana plantation near her house when a group of attackers blew
whistles and chased her and her family from their hiding places.
After being discovered, Witness "H" was taken into a sorghum
field and raped.
Reference:
Official English Transcript of the Testimony of Witness "H"
heard on March 6, 1997, p. 8
Official English Transcript of the Testimony of Witness "H"
heard on March 7, 1997, p.16, 21
27. Witness "H" also testified that women who had taken
refuge in the Bureau Communal, under the control of Akayesu,
were held prisoner there and beaten and raped. In particular,
Witness "H" testified that she "personally knew three women
being raped and that she could remember the names of
approximately ten of the men who committed the rapes. Some would
be taken to the bush area nearby, or they would do it there on
site. There were not afraid of anything."
Reference:
Official English Transcript of the Testimony of Witness "H"
heard on March 7, 1997, pp. 16-24.
28. Based on the aforesaid testimony, there is evidence in
the trial record, and available through human rights reports,
that in the Taba Commune, rape and other sexual violence
occurred on a routine and notorious basis in violation of
humanitarian law and as part of a genocidal campaign to destroy
the Tutsi population. Because of the unavailability of the
entire record, amici are unable to evaluate whether there is
already sufficient probative evidence in the record that rape
was widespread so as to constitute a crime against humanity in
the Taba Commune; however, the documentation of rape referenced
above, indicates the availability of additional testimony and
evidence as to both the significance of rape in the massive and
genocidal violence committed in Rwanda and in the Taba Commune
itself.
V.
Jean-Paul Akayesu's Criminal Responsibility for the Rape of
Tutsi Women in Taba
9. Under Article 6 of the Tribunal Statute, Akayesu can be
held criminally liable for the sexual violence against Tutsi and
some Hutu women, if it is proven that he
(1) . . .planned, instigated, ordered, committed or otherwise
aided and abetted in the planning, preparation or execution of
[the crimes of sexual violence encompassed ]. . .in articles 2
to 4 of the present Statute...;
(2) . . .[as a superior, he] knew or had reason to know that
the subordinate was about to commit such acts or had done so and
[as] the superior [, he] failed to take the necessary and
reasonable measures to prevent such acts or to punish the
perpetrators thereof.
30. While amici unfortunately do not have the full record of
the trial evidence available, based on the Indictment, the
Prosecutor's opening statement, and the record available, it
appears that evidence has been submitted to establish the
following facts probative of Akayesu's criminal responsibility
under Article 6:
a. The Taba commune, during the period between April 1993
and June 1994, was under the authority of Mayor (Bourgmestre)
Jean-Paul Akayesu.
Reference:
Description of the Accused, Indictment of the Prosecutor of
the Tribunal against Jean Paul Akayesu, para. 3.
b. As Bourgmestre, Akayesu was one of the most powerful men
in the commune of his region. He was charged with the
performance of the executive functions and the maintenance of
public order within the Taba commune. Akayesu had exclusive
control over the communal police as well as any gendarmes at the
disposition of the Taba commune. Akayesu was responsible for the
execution of laws and regulations, and the administration of
justice within the Taba commune and possessed powers beyond
those prescribed by law.
Reference: Description
of the Accused, Indictment of the Prosecutor of the Tribunal
against Jean Paul Akayesu, para. 4.
Opening Address of the Prosecution on January 9, 1997,
Unofficial English
Translation, pp. 12, 29-30
c. Having regard to Akayesu's position of authority, Akayesu
ordered Hutus in the Taba Commune to kill Tutsis and encouraged
the Interhamwe from surrounding communes to come and incite
violence.
Reference:
Opening Address of the Prosecution, Unofficial English
Translation, January 9, 1997, pp. 51, 52-53, 55, 56, 58.
Unofficial Translation of the Testimony of Witness "K", given on
January 10, l997, pp. 23-24 and 37,
and on January 14, 1997, pp. 11-12.
Unofficial Translation of the Testimony of Witness "C" given on
January 14, l997, pp. 149-151.
d. Akayesu ordered the purchase and distribution of whistles
and gave instructions for the use of the whistles in the hunt
for hiding Tutsis [which whistles were referred to in the
testimony of "H" referred to above.
Reference:
Unofficial English Translation of the Testimony of Witness "K"
heard on January 14, 1997, p.69, lines 7-10.
e. In addition, it is submitted that Akayesu's incitement of
Hutus to murder Tutsi women, including pregnant women,
foreseeably resulted in the rape of Tutsi women before their
murder as well as apart from murder.
Reference:
Opening Address of the Prosecution, January 9, 1997,
Unofficial English Translation, p.55, lines 4-7.
f. As previously indicated, rape and other forms of sexual
violence in the Taba Commune were openly committed, widespread,
a matter of common knowledge; in addition, some of this violence
against women occurred within the Bureau Communal under
Akayesu's direct control.
Reference:
para. 23 above.
g. Jean-Paul Akayesu was in charge of the Bureau Communal,
was present at the Bureau Communal when at least some of these
rapes occurred and, according to Witness "H", could have
protected the women victims had he wanted to.
Reference:
Official English Transcript of the Testimony of Witness "H"
heard on March 6, 1997, pp. 13-14. Official English Transcript
of the Testimony of Witness "H" heard on March 7, 1997, pp.
17-19 and 23.
h. Akayesu had the power, and prior to April 18, 1994
exercised his power, to prevent the massacre , and presumably
the rape, of the Tutsis under his control and authority without
any risk to himself. After April 18, 1994, Akayesu chose not to
exercise his power in this manner and in fact encouraged
Interhamwe from surrounding communes to come and incite
violence.
Reference:
Opening Address of the Prosecution,
Unofficial English Translation, pp. 51, 52-53, 55.
Unofficial Translation of the Testimony of Witness "K" given on
January 10,
1997, pp. 17, 23-24 and 37, and on January 14, 1997, pp.-12.
Unofficial Translation of the Testimony of Witness "C" given on
January 14,
1997, pp. 149-151.
i. In the words of Witness "H" when asked by Judge Aspegren
as to whether Akayesu as Bourgmestre could have stopped the
rapes:
"Yes,
he could stop what was happening...I think that he could
have stopped these events. He didn't even try."
Reference:
Official English Transcript of the Testimony of Witness "H"
heard on March 7, 1997, pp. 23-24.
31. In sum, amici cannot purport to judge whether the evidence
in the record is sufficient to establish the guilt of Jean-Paul
Akayesu for rape and other sexual violence in the Taba Commune
under all the pertinent articles. It is, however, submitted that
based on the testimony adduced and the evidence suggested by the
available documentary evidence, there is unquestionably
sufficient evidence before the Prosecutor and the Trial Chamber
to prosecute Jean-Paul Akayesu on charges of rape and to warrant
further presentation of evidence regarding rape and sexual
violence as a war crime, crime against humanity and as an
instrument of genocide.
VI. Failure of the Prosecutor to
Fulfill its Duty to Prosecute Jean Paul Akayesu on Charges of
Rape
32. The Prosecutor is responsible for the investigation and
prosecution of persons responsible for serious violations of
international humanitarian law committed in Rwanda between 1
January 1994 and 31 December 1994.
Reference:
Statute, Article 15
33. Having regard to the documentary evidence cited above and,
most importantly, the evidence of witnesses "H" and "J", one of
whom was raped by Hutu militia and both of whom witnessed rapes
committed by Hutu militia in the Taba commune in which Akayesu
was responsible for maintaining order, the Prosecutor has
evidence that a prima facie case exists to prosecute Akayesu on
some charges of rape.
34. On the basis of the evidence of witnesses "H" and "J" , on
the documented cases of rape in the Taba commune and the
available evidence concerning Akayesu's criminal responsibility
for these acts of sexual violence, it is submitted that the
Prosecutor should, as provided for by the Statute, seek leave of
the Trial Chamber to add charges of rape to Akayesu's
indictment.
Reference:
Statute of the Tribunal, Article 17
Rules of Procedure, Rule 47 and Rule 50.
VII. The Failure to Investigate and
Prosecute Rape and Sexual Violence Against Women Generally
35. Unfortunately, the absence of a charge of rape in
the Akayesu indictment is not unique. Despite the widespread
accounts of rape throughout Rwanda during the period of January
1, 1994 and December 31, 1994 referenced above, not a single
indictment presented to and confirmed by the Trial Chamber thus
far has charged an accused with responsibility for rape or other
forms of sexual violence.
36. The report by Human Rights Watch/Women's Rights
Project documents and analyses the problems in the methodology
and staffing of the Prosecutor's office in Kigali which
contribute to the failure to charge sexual violence. The Report
also identifies a range of steps that need to be taken to
reverse this course.
Reference:
Shattered Lives, para. 23 above, p. 8.
37. It is within the inherent supervisory authority of the
Trial Chamber, to inquire in the context of the indictments
presented to it whether the Prosecutor has established the means
and the personnel to effectively investigate and prosecute
sexual violence charges.
VIII. The Effect of the Failure to Prosecute Jean-Paul
Akayesu for Rape
38. The Vienna Declaration and
Programme of Action recognized that gender violence is a grave
and pervasive violation of human rights and that gender issues
must be fully integrated into all aspects of the functioning of
the human rights system. Punishment of and accountability for
violence against women have become, in recent years, a priority
within the UN human rights system.
Reference:
Vienna Declaration and Programme of Action, General Assembly,
World Conference on Human Rights,
UN. Doc. A/Conf. 157/23 (12 July l993) paras. 18, 38.
Declaration on the Elimination of Violence Against Women,
General Assembly, 48th Sess, U.N. Doc. A/Res/48/104 (23 February
l994)
Recommendation No. 19 of the Committee to End Discrimination
Against Women:
Violence Against Women, in Compilation of General Comments and
Recommendations Adopted by Human Rights Treaty Bodies,
U.N. Doc. HRI/GEN/1/Rev.2 (29 March l996).
39. The failure of the Tribunal to prosecute Jean-Paul
Akayesu on charges of rape in the face of clear evidence that
rapes occurred in the Commune under his control raises questions
about the commitment of the Tribunal to the elimination of
gender-based violence as well as the protection and advancement
of the human rights of women.
40. In addition, the failure to
include charges of rape in the first case before the Tribunal in
Arusha, despite there being evidence of rape and criminal
responsibility in relation to the accused, sets an unwelcome
precedent for the prosecutions to come and discourages women
witnesses from participating in the further investigations and
prosecutions of the Tribunal. It also sends a message to the
Rwandan women who have survived and confront, on a daily basis,
the devastating effects of the genocide, including the sexual
violence, on their physical, mental, social and economic
well-being, that these atrocities are not sufficiently grave to
warrant the attention of the Tribunal. In so doing, the Tribunal
denies to these women equal justice and deprives them of the
recognition and vindication of their suffering that is an
essential component of their ability to rebuild their lives and
their self-esteem.
41. Finally, the failure of the Prosecutor of
International Criminal Tribunal for Rwanda to prosecute rape and
other sexual violence in the case of Akayesu, and in every other
indictment which has been confirmed thus far, is an unfortunate
departure from the precedent set by the Prosecutor and
International Criminal Tribunal for the Former Yugoslavia which,
after initial criticism from a number of the undersigned amici
curiae, have taken leadership in ensuring the prosecution of
rape and other forms of sexual violence.
Reference:
see for example, The Prosecutor of the Tribunal v. Gagovic et
al;
The Prosecutor of the Tribunal v. Meakic et al; and The
Prosecutor of the Tribunal v. Tadic.
IX. Conclusion
42. In light of the above submissions of fact and law, it
is respectfully submitted that the Tribunal should fulfill its
mandate to prosecute those responsible for genocide and
humanitarian law violations and to treat the abuses committed
against men and women with an equal seriousness, by calling upon
the Prosecutor to amend the indictment of Jean Paul Akayesu to
charge him as follows:
(1) for the rape of Tutsi women in Taba under Article
3(f),(g) and (h) of the Statute;
(2) for the rape of Tutsi women in Taba under Article
4(a),(e) and (h) of the Statute;
(3) for the mutilation of the genitalia and breasts of
Tutsi women under Article 3(f) and Article 4(a) and 4(e) of the
Statute; and
(4) for parading Tutsi women naked in the streets under
Article 4(a), (e),(h) and(i) of the Statute.
43. In addition, the Prosecutor
should consider charging Akayesu with rape as an act of genocide
pursuant to Article 2(2)(b), (c) and (d) of the Statute. The
final report of the Commission of Experts recommended that:
"...the Prosecutor explore fully the relation between the policy
of systematic rape under a responsible command as a crime
against humanity on the one hand, and such a policy as a crime
of genocide on the other."
Reference:
Final Report of the Commission of Experts Established Pursuant
to Security Council Resolution 935 (1994), U.N. SCOR, 49th Sess.,
Annex, at 3, U.N. Doc. S/1994/1405 (1994) at p.29, para. 145.
Shattered Lives,
para. 23 above.
Respectfully submitted,
* AL-HAQ
* ARAB WOMEN'S FORUM AISHA
* ASIA WOMEN'S HUMAN RIGHTS COUNCIL
* ASSOCIATION ALGÉRIENNE POUR LA PLANIFICATION
FAMILIALE
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AFRIQUE
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DES FEMMES
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* CENTER FOR CONSTITUTIONAL RIGHTS
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* COLLECTIF SÉNÉGALAIS DES AFRICAINES POUR LA
PROMOTION DE L'ÉDUCATION RELATIVE À L'ENVIRONNEMENT
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* INTERNATIONAL CENTRE FOR HUMAN RIGHTS AND
DEMOCRATIC DEVELOPMENT
* INTERNATIONAL HUMAN RIGHTS LAW GROUP/ WOMEN'S
RIGHTS ADVOCACY PROGRAM
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UNIVERSITY LAW SCHOOL
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THE CITY UNIVERSITY OF NEW YORK SCHOOL OF LAW
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HUMAN RIGHTS
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RIGHTS
* LIGUE IVOIRIENNE DES DROITS DE L'HOMME
* MADRE
* MOUVEMENT BURKINABE DES DROITS DE L'HOMME ET DES
PEUPLES
* NATIONAL COUNCIL OF AFRICAN WOMEN
* PERMANENT ARAB WOMEN'S COURT TO RESIST VIOLENCE
AGAINST WOMEN
* PRO-FEMMES/TWESE HAMWE (35 MEMBER-NGOS:list in
annex)
* RASSEMBLEMENT ALGERIEN DES FEMMES DEMOCRATIQUES
* RASSEMBLEMENT DÉMOCRATIQUE DES FEMMES DU NIGER
* RURAL YOUTH ASSOCIATION
* TANZANIA GENDER NETWORKING PROGRAMME
* UNION INTERAFRICAINE DES DROITS DE L'HOMME
* UNITED METHODIST OFFICE FOR THE UNITED NATIONS
* VIMOCHANA- FORUM FOR WOMEN'S RIGHTS
* WOMEN IN LAW AND DEVELOPMENT IN AFRICA
* WOMEN'S INTERNATIONAL LEAGUE FOR PEACE AND FREEDOM
* WOMEN LIVING UNDER MUSLIM LAWS
* WOMEN REFUGEES PROJECT, CAMBRIDGE-SOMERVILLE LEGAL
SERVICES
* WORKING GROUP ON ENGENDERING THE RWANDA TRIBUNAL
* WORLD UNIVERSITY SERVICE
As Amici Curiae.
Annex:
NGO-members of Pro-Femmes/Twese Hamwe
AFCF, AFER, AGR, AHO UMWAGA UTARI, AMALIZA, ARFEM, ARBEF, ARTC-F,
ARDS, ASOFERWA, AVEGA-AGAHOZO, BENIMPUHWE, BENISHYAKA, CARITAS-UMUHOZA,
CCOAIB, CLUB MAMANS SPORTIVES, DUKANGUKE, DUTERIMBERE, FONDATION
TUMURERE, GIRANEZA, GIRIBAMBE, HAGURUKA, ICYUZUZO, ISANGANO-OPEC,
JOC-F, RESEAU DES FEMMES OEUVRANT POUR LE DEVELOPPEMENT RURAL,
RWANDA RW'EJO, RWHO, SERUKA, SOLIDAIRES BENURUGWIRO, SOS RAMIRA,
SWA-IHUMURE, UMUSHUMBA MWIZA, URUMULI RW'URUKUNDO, URUSARO.
Of counsel:
Joanna Birenbaum, Lisa Wyndel
WORKING GROUP ON ENGENDERING
THE RWANDA TRIBUNAL
Toronto, Canada
Rhonda Copelon
INTERNATIONAL WOMEN'S HUMAN RIGHTS LAW CLINIC
65-21 Main Street
Flushing, NY, USA
Tel: 1-718-575-4300
Fax: 1-718-575-4478
Jennifer Green
CENTRE FOR CONSTITUTIONAL RIGHTS
666 Broadway
New York, NY USA
Tel: 1-212-614-6464
Fax: 1-212-614-6499
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