Prosecutor v. Sylvestre Mudacumura

Relevant Sections:

Art. 8(2)(b)(xxii) ; Art. 8(2)(e)(vi); Art. 8(2)(a)(ii) ; Art. 8(2)(c)(i); Art. 8(2)(c)(i); Art. 8(2)(e)(xi)


Charges (Gender Based Crimes)

▪ Rape as a war crime;

▪ Torture as a war crime; and

▪ Mutilation as a war crime


Facts:

▪ Mudacumura was born in Rwanda and is alleged to be the Supreme Commander of the Army (2009-10) of the FDLR militia group which is aimed at overthrowing government of Rwanda.

▪ Between 2009-10, civilians were killed, abducted, raped, mutilated in the Kivu Provinces. Pre Trial Chamber II found it reasonable to believe that rape, torture had been committed as a war crime.

▪ A general order was issued under Mudacumara’s authority to create a humanitarian catastrophe and therefore he was found criminally responsible for the war crimes under Art. 25(3)(b) of the Statute.


Status:

▪ Arrest Warrant was issued in 2012 but execution is pending

▪ Human Rights Watch stated in 2015 that under Mudacumura’s command, Congo has seen commission of it’s worst atrocities but the efforts to arrest him have been inadequate.


Read the full judgment here.