Element:
According to the Nyiramasuhuko et al. Trial Chamber:
"Having regard to the organised nature of the attack and the fact it continued over two successive days; the Chamber finds that the assaillants intentionally killed members of the Tutsi ethnic group at Mugombwa Church. Further, in view of the large number of tutsi victims, the fact that Ndayambaje told the attackers that their work would be simple since the people in the church were all gathered together, and that some attackers left to continue searching for those still in hiding upon Ndayambaje's instructions, the Chamber finds that the assailants possessed genocidal intent during the attack and that Ndayambaje knew of this intent."[1]
The Nzaboninama Trial Chamber stated:
"The Chamber also finds that by threatening a Tutsi and saying that Tutsis should be massacred at Cyayi centre on 14 April 1994, Nzabonimana prompted others to act and to continue the genocidal attack upon the commune office, and that Nzabonimana intended to do so. There is no doubt that, at the time of Nzabonimana's prompting, he knew of the genocidal intent of his audience, particularly given the meeting's temporal and physical proximity to the recent attack on the commune office. Nzabonimana's knowledge of this specific intent is further demonstrated through his reminder to the attendees that their killing of Tutsis should take place before, rather than after, the taking of Tutsi property."[2]
"Nzabonimana was aware that he was orchestrating the release of people who had been imprisoned for killing Tutsis, and in light of the context, the Chamber concludes that Nzabonimana must have known of the genocidal intent of these killers."[3]
Footnotes:
[1] ICTR, Prosecutor v. Nyiramasuhuko et al., "Judgement", ICTR-98-42-T, 24 June 2011, para. 5756.
[2] ICTR, Prosecutor v. Nzabonimana, "Judgement", ICTR-98-44D-T, 31 May 2012, para. 1717.
[3] ICTR, Prosecutor v. Nzabonimana, "Judgement", ICTR-98-44D-T, 31 May 2012, para. 1720.
