For the foregoing reasons, The Appeals Chamber,

Considering Article 24 of the Statute and Rule 118 of the Rules;

Noting the respective written submissions of the parties and their oral arguments at the hearings of 4 and 5 July 2002 and of 28 February 2003;

Sitting in open court;

Unanimously Allows the ground of appeal raised by the Appellant, Georges Rutaganda, in relation to the conviction on Count 7 of the Indictment (murder as crime against humanity for the killing of Emmanuel Kayitare) and Quashes the conviction on this Count;
Allows by majority (Judge Pocar appends a Dissenting Opinion), the Prosecution’s appeal of the acquittal of Georges Rutaganda for murder as violation of Article 3 common to the Geneva Conventions, on counts 4 and 6 of the Indictment, and Reverses the acquittal on the said Counts;

Recalls that the Prosecution abandoned its second ground of appeal;

Unanimously Rejects all the other grounds of appeal raised by the Appellant, Georges Rutaganda;

Unanimously Rejects the Prosecution’s appeal of the acquittal of Georges Rutaganda for murder in violation of common Article 3 of the Geneva Conventions, in respect of Count 8 of the Indictment;

Unanimously Finds Georges Rutaganda not guilty of Count 7 (murder as crime against humanity);

Finds by majority (Judge Pocar dissenting), Georges Rutaganda guilty on Counts 4 and 6 of the Indictment (murder as a violation of Article 3 common to the Geneva Conventions);

Unanimously Affirms the conviction of Georges Rutaganda on Count 1 (genocide), and on Count 2 (extermination as crime against humanity);

Unanimously Affirms the acquittal of Georges Rutaganda on Count 8 (murder as violation of Article 3 common to the Geneva Conventions);

Affirms the single sentence of life imprisonment handed down;

Rules that this Judgement shall be enforced immediately pursuant to Rule 119 of the Rules. 

Done in French and English, the French text being authoritative.

Judge Meron, presiding, and Judge Jorda append a Separate Opinion to this Judgement.

Judge Pocar appends a Dissenting Opinion to this Judgement.

Judge Shahabuddeen appends a Separate Opinion to this Judgement.

Done at Arusha, Tanzania

On 26 May 2003. 

[Seal of the Tribunal] 

dissenting opinion of judge pocar
separate opinion of judge shahabuddeen

AnnexE a: Appeals proceedings

ANNEXE B: GLOSSARY