Right of equality before the Tribunal

Notion(s) Filing Case
Appeal Judgement - 29.09.2014 KAREMERA & NGIRUMPATSE

51.     Article 20(1) of the Statute provides that “[a]ll persons shall be equal before the [Tribunal]”. The Appeals Chamber recalls that this provision encompasses the requirement that there be no discrimination in the enforcement or application of the law.[1]


55.     […] the Appeals Chamber recalls that “[i]t is beyond question that the Prosecutor has a broad discretion in relation to the initiation of investigations and in the preparation of indictments”.[2] This discretion is not unlimited, but must be exercised within the restrictions imposed by the Statute and the Rules.[3]

56.     The Appeals Chamber observes that the Prosecution alleged that Ngirumpatse made arrangements with Bagosora to obtain weapons for the Interahamwe on 11 April 1994,[4] and that Bagosora was not charged for this particular event.[5] However, the Appeals Chamber rejects Ngirumpatse’s contention that this fact alone could substantiate an allegation of unequal treatment.[…]

[1] See Delalić et al. Appeal Judgement, para. 605 (addressing a mirror provision in Article 21 of the ICTY Statute), referring to Article 7 of the Universal Declaration of Human Rights; Article 14 of the International Covenant on Civil and Political Rights; Article 75 of the Additional Protocol I to the Geneva Conventions; Article 29 of the Rome Statute of the International Criminal Court.

[2] Prosecutor v. Radovan Karadžić, Case No. IT-95-5/18-AR73.4, Decision on Karadžić’s Appeal of Trial Chamber’s Decision on Alleged Holbrooke Agreement, 12 October 2009 (“Karadžić Appeal Decision of 12 October 2009”), para. 41; Akayesu Appeal Judgement, para. 94; Delalić et al. Appeal Judgement, para. 602.

[3] Karadžić Appeal Decision of 12 October 2009, para. 41; Delalić et al. Appeal Judgement, paras. 602, 603.

[4] See Indictment, paras. 38, 39. See also [Karemera and Ngirumpatse] Trial Judgement, paras. 716, 739, 740, 1450(1). The Appeals Chamber addresses elsewhere Ngirumpatse’s contention that this allegation was placed “[o]n or about 10 April 1994”, and that this was inconsistent with the Trial Chamber’s finding that the distribution of weapons took place on 11 April 1994. See infra para. 366.

[5] See generally Bagosora et al. Trial Judgement.

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ICTR Statute Article 20(1) ICTY Statute Article 21(1)