Jean Akayesu
Encyclopedia
Jean-Paul Akayesu is a former teacher
, school inspector, and Mouvement Démocratique Républicain politician
from Rwanda
. He served as mayor
of Taba commune from April 1993 until June 1994.
As mayor, Akayesu was responsible for performing executive functions and maintaining order in Taba, meaning he had command of the communal police and any gendarmes assigned to the commune. He was subject only to the prefect
. He was considered well-liked and intelligent.
During the Rwandan Genocide
of mid-1994, many Tutsi
s were killed in Akayesu's commune, and many others were subject to violence and other forms of hatred. Akayesu not only refrained from stopping the killings, but personally supervised the murder of various Tutsis. He also gave a death list to other Hutu
s, and ordered house-to-house searches to locate Tutsis.
in October 1995, making Zambia the first African nation to extradite criminals to the International Criminal Tribunal for Rwanda
(ICTR).http://69.94.11.53/ENGLISH/factsheets/detainee.htm
He stood trial for 15 counts of genocide
, crimes against humanity, and violations of the Geneva Convention. Pierre-Richard Prosper
was the lead prosecutor. Akayesu's defence team argued that Akayesu had no part in the killings, and that he had been powerless to stop them. In short, the defence argued, Akayesu was being made a scapegoat for the crimes of the people of Taba.
Despite this defence, the ICTR found him guilty of 9 counts of genocide and crimes against humanity. This was notable in that it was the first time that the 1948 Convention on the Prevention and Punishment of the Crime of Genocide
was enforced. On October 2, 1998, Akayesu was sentenced to life imprisonment.
He was represented by Montreal
lawyer John Philpot, brother of Parti Québécois
politician and author Robin Philpot
; this connection later surfaced in the 2007 Quebec general election
after statements from Robin Philpot's book Rwanda 1994: Colonialism Dies Hard appearing to deny the extent of the genocide were widely publicized. http://www.theglobeandmail.com/servlet/story/RTGAM.20070308.wqueelection0308_1/BNStory/National/home
Here is the relevant section of the September 1999 United Nations
report:
"Report of the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violations Committed in the Territory of Neighbouring States between 1 January and 31 December 1994":
Akayesu is serving his sentence in a prison in Mali
.
Teacher
A teacher or schoolteacher is a person who provides education for pupils and students . The role of teacher is often formal and ongoing, carried out at a school or other place of formal education. In many countries, a person who wishes to become a teacher must first obtain specified professional...
, school inspector, and Mouvement Démocratique Républicain politician
Politician
A politician, political leader, or political figure is an individual who is involved in influencing public policy and decision making...
from Rwanda
Rwanda
Rwanda or , officially the Republic of Rwanda , is a country in central and eastern Africa with a population of approximately 11.4 million . Rwanda is located a few degrees south of the Equator, and is bordered by Uganda, Tanzania, Burundi and the Democratic Republic of the Congo...
. He served as mayor
Mayor
In many countries, a Mayor is the highest ranking officer in the municipal government of a town or a large urban city....
of Taba commune from April 1993 until June 1994.
As mayor, Akayesu was responsible for performing executive functions and maintaining order in Taba, meaning he had command of the communal police and any gendarmes assigned to the commune. He was subject only to the prefect
Prefect
Prefect is a magisterial title of varying definition....
. He was considered well-liked and intelligent.
During the Rwandan Genocide
Rwandan Genocide
The Rwandan Genocide was the 1994 mass murder of an estimated 800,000 people in the small East African nation of Rwanda. Over the course of approximately 100 days through mid-July, over 500,000 people were killed, according to a Human Rights Watch estimate...
of mid-1994, many Tutsi
Tutsi
The Tutsi , or Abatutsi, are an ethnic group in Central Africa. Historically they were often referred to as the Watussi or Watusi. They are the second largest caste in Rwanda and Burundi, the other two being the Hutu and the Twa ....
s were killed in Akayesu's commune, and many others were subject to violence and other forms of hatred. Akayesu not only refrained from stopping the killings, but personally supervised the murder of various Tutsis. He also gave a death list to other Hutu
Hutu
The Hutu , or Abahutu, are a Central African people, living mainly in Rwanda, Burundi, and eastern DR Congo.-Population statistics:The Hutu are the largest of the three peoples in Burundi and Rwanda; according to the United States Central Intelligence Agency, 84% of Rwandans and 85% of Burundians...
s, and ordered house-to-house searches to locate Tutsis.
Trial
Akayesu was arrested in ZambiaZambia
Zambia , officially the Republic of Zambia, is a landlocked country in Southern Africa. The neighbouring countries are the Democratic Republic of the Congo to the north, Tanzania to the north-east, Malawi to the east, Mozambique, Zimbabwe, Botswana and Namibia to the south, and Angola to the west....
in October 1995, making Zambia the first African nation to extradite criminals to the International Criminal Tribunal for Rwanda
International Criminal Tribunal for Rwanda
The International Criminal Tribunal for Rwanda is an international court established in November 1994 by the United Nations Security Council in Resolution 955 in order to judge people responsible for the Rwandan Genocide and other serious violations of international law in Rwanda, or by Rwandan...
(ICTR).http://69.94.11.53/ENGLISH/factsheets/detainee.htm
He stood trial for 15 counts of genocide
Genocide
Genocide is defined as "the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group", though what constitutes enough of a "part" to qualify as genocide has been subject to much debate by legal scholars...
, crimes against humanity, and violations of the Geneva Convention. Pierre-Richard Prosper
Pierre-Richard Prosper
Pierre-Richard Prosper is an American lawyer, prosecutor and former government official. He served as the second United States Ambassador-at-Large for War Crimes Issues under President George W...
was the lead prosecutor. Akayesu's defence team argued that Akayesu had no part in the killings, and that he had been powerless to stop them. In short, the defence argued, Akayesu was being made a scapegoat for the crimes of the people of Taba.
Despite this defence, the ICTR found him guilty of 9 counts of genocide and crimes against humanity. This was notable in that it was the first time that the 1948 Convention on the Prevention and Punishment of the Crime of Genocide
Convention on the Prevention and Punishment of the Crime of Genocide
The Convention on the Prevention and Punishment of the Crime of Genocide was adopted by the United Nations General Assembly on 9 December 1948 as General Assembly Resolution 260. The Convention entered into force on 12 January 1951. It defines genocide in legal terms, and is the culmination of...
was enforced. On October 2, 1998, Akayesu was sentenced to life imprisonment.
He was represented by Montreal
Montreal
Montreal is a city in Canada. It is the largest city in the province of Quebec, the second-largest city in Canada and the seventh largest in North America...
lawyer John Philpot, brother of Parti Québécois
Parti Québécois
The Parti Québécois is a centre-left political party that advocates national sovereignty for the province of Quebec and secession from Canada. The Party traditionally has support from the labour movement. Unlike many other social-democratic parties, its ties with the labour movement are informal...
politician and author Robin Philpot
Robin Philpot
Robin Philpot is a Quebec journalist and electoral candidate for the Parti Québécois.- Background :Originally from Thunder Bay, Ontario, where his father Roderick Philpot was an alderman of the city of Fort William, Philpot is a graduate of Fort William Collegiate Institute and earned degrees in...
; this connection later surfaced in the 2007 Quebec general election
Quebec general election, 2007
The Quebec general election of 2007 was held in the Canadian province of Quebec on March 26, 2007 to elect members of the 38th National Assembly of Quebec. The Quebec Liberal Party led by Jean Charest managed to win a plurality of seats, but were reduced to a minority government, Quebec's first in...
after statements from Robin Philpot's book Rwanda 1994: Colonialism Dies Hard appearing to deny the extent of the genocide were widely publicized. http://www.theglobeandmail.com/servlet/story/RTGAM.20070308.wqueelection0308_1/BNStory/National/home
Here is the relevant section of the September 1999 United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
report:
"Report of the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violations Committed in the Territory of Neighbouring States between 1 January and 31 December 1994":
The Prosecutor v. Jean Paul Akayesu (ICTR-96-4-T)
14. On 2 September 1998, Trial Chamber I of the International Criminal Tribunal for Rwanda, composed of Judges Laïty Kama, Presiding, Lennart Aspegren and Navanethem Pillay, found Jean Paul Akayesu guilty of 9 of the 15 counts proffered against him, including genocideGenocideGenocide is defined as "the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group", though what constitutes enough of a "part" to qualify as genocide has been subject to much debate by legal scholars...
, direct and public incitement to commit genocide and crimes against humanity (exterminationGenocideGenocide is defined as "the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group", though what constitutes enough of a "part" to qualify as genocide has been subject to much debate by legal scholars...
, murderMurderMurder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
, tortureTortureTorture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...
, rapeRapeRape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
and other inhumane acts). Jean Paul Akayesu was found not guilty of the six remaining counts, including the count of complicity in genocide and the counts relating to violations of article 3 common to the Geneva ConventionsGeneva ConventionsThe Geneva Conventions comprise four treaties, and three additional protocols, that establish the standards of international law for the humanitarian treatment of the victims of war...
and of Additional Protocol II thereto.
15. The Akayesu judgement includes the first interpretation and application by an international court of the 1948 Convention on the Prevention and Punishment of the Crime of GenocideConvention on the Prevention and Punishment of the Crime of GenocideThe Convention on the Prevention and Punishment of the Crime of Genocide was adopted by the United Nations General Assembly on 9 December 1948 as General Assembly Resolution 260. The Convention entered into force on 12 January 1951. It defines genocide in legal terms, and is the culmination of...
.
16. The Trial Chamber held that rape, which it defined as "a physical invasion of a sexual nature committed on a person under circumstances which are coercive", and sexual assault constitute acts of genocide insofar as they were committed with the intent to destroy, in whole or in part, a targeted group, as such. It found that sexual assault formed an integral part of the process of destroying the TutsiTutsiThe Tutsi , or Abatutsi, are an ethnic group in Central Africa. Historically they were often referred to as the Watussi or Watusi. They are the second largest caste in Rwanda and Burundi, the other two being the Hutu and the Twa ....
ethnic group and that the rape was systematic and had been perpetrated against Tutsi women only, manifesting the specific intent required for those acts to constitute genocide.
17. On 2 October 1998, Jean Paul Akayesu was sentenced to life imprisonmentLife imprisonmentLife imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...
for each of the nine counts, the sentences to run concurrently.
18. Both Jean Paul Akayesu and the Prosecutor have appealed against the judgement rendered by the Trial Chamber.
Akayesu is serving his sentence in a prison in Mali
Mali
Mali , officially the Republic of Mali , is a landlocked country in Western Africa. Mali borders Algeria on the north, Niger on the east, Burkina Faso and the Côte d'Ivoire on the south, Guinea on the south-west, and Senegal and Mauritania on the west. Its size is just over 1,240,000 km² with...
.