Prosecutor v. Musema

Citation: ICTR-96-13

Link to the full case: http://unictr.irmct.org/en/cases/ictr-96-13

Date of Trial Judgment: 27 January 2000

Date of Appeal Judgment: 16 November 2001


Alfred Musema was the former director of the State-administered Gisovu Tea Factory in Kibuye Prefecture. He was tried for transporting and ordering armed attackers, including employees of the factory, to attack Tutsis in Gisovu and Gishyita Communes, and for his own participation in the attacks. He was charged with direct responsibility for genocide; complicity in genocide; conspiracy to commit genocide; crimes against humanity for acts of extermination, murder, rape, and other inhumane acts; and war crimes for acts of violence to life and outrages upon dignity.


In 2000, an ICTR Trial Chamber found Musema guilty of genocide and crimes against humanity for acts of extermination and rape. It acquitted him of the charges of conspiracy to commit genocide and crimes against humanity for murder and other inhumane acts because the prosecution failed to introduce evidence sufficient to prove these charges beyond a reasonable doubt. It also acquitted him of the charges of war crimes for acts of violence to life and outrages upon dignity because the prosecution failed to show a sufficient nexus between the offenses and the general armed conflict.


However, in 2001, the ICTR Appeals Chamber affirmed Musema’s conviction for genocide and crimes against humanity for acts of extermination, but overturned the conviction for crimes against humanity for acts of rape on the basis of new evidence introduced before the Appeals Chamber. The Appeals Chamber affirmed his life sentence.

Summary based on notes from the IJRC