National penalties - national proceedings

Rwanda

Law N°18/2008 of 23/07/2008 relating to the punishment of the crime of genocide ideology 2008

Chapter 2. PENALTIES

Article 4: Sentencing the crime of genocide ideology

Any person convicted of the crime of genocide ideology as mentioned in Articles 2 and 3 of this Law shall be sentenced to an imprisonment of ten (10) years to twenty five (25) years and a fine of two hundred thousand (200.000) to one million (1.000.000) Rwandan francs.

In case of recidivism, the penalty provided for in the preceding paragraph shall be doubled.

Article 5: Penalty awarded to a genocide ideology convict found guilty of the crime of genocide

Any person found guilty of the ideology of genocide who was convicted of the crime of genocide, shall be sentenced to life imprisonment.

Article 6: Penalties awarded to current and former leaders

In case the perpetrator of the crime of genocide ideology is a leader in public administrative organs, political organisation, private administrative organs, or a non governmental organs, a religious leader, or a former leader in such organs, he/she shall be sentenced to an imprisonment of fifteen (15) years to twenty five (25) years and a fine of two million (2.000.000) to five million (5.000.000) Rwandan francs.

Article 7: Penalties awarded to associations, a political organization and non profit making organization

Any association, political organization or non profit making organisation convicted of the crime of the ideology of genocide shall be subject to a punishment of its dissolution in accordance with legal provisions relating to dissolution of associations, political organisations and non profit making associations and a fine of five million (5.000.000) to ten million (10.000.000) Rwandan francs without prejudice to individual liability of any participant in the commission of the crime.

Article 8: Penalties for disseminating genocide ideology

Any person who disseminates genocide ideology in public through documents, speeches, pictures, media or any other means shall be sentenced to an imprisonment from twenty (20) years to twenty-five (25) years and a fine of two million (2.000.000) to five million (5.000.000) Rwandan francs.

Article 9: Penalties awarded to children guilty of the crime of genocide ideology

In case a child under twelve years (12) of age is found guilty of a crime of genocide ideology, he or she shall be taken to a rehabilitation centre for a period not exceeding twelve (12) months.

In case a child who is found guilty of the crime of genocide ideology is between twelve (12) and eighteen (18) years, he or she shall be sentenced to a half of the penalty referred to in Article 4 of this Law, without prejudice to the possibility that a part or whole of the sentence may be served in the rehabilitation centre.

Article 10: Follow up of a child who is in or was in a rehabilitation centre

An Order of the Minister in charge of rehabilitation centres shall determine procedures through which children referred to in Article 9 of this Law are followed up while in rehabilitation centres and during their social reintegration.

Article 11: Penalties awarded to parents and to other guardians of the child

In case it is evident that the parent of the child referred to in Article 9 of this Law, the guardian, the tutor, the teacher or the school headmaster of the child participated in inoculating the genocide ideology, they shall be sentenced to an imprisonment of fifteen (15) years to twenty five (25) years.

A teacher or a director referred to in the preceding paragraph cannot be reintegrated into his teaching career.

Article 12: Penalty awarded to a murderer, a conspirator or attempted murderer

Without prejudice to the provisions of Article 4 of this Law, any person who kills another, one who conspires or who attempts to kill basing on the ideology of genocide shall be sentenced to a life imprisonment.

There shall be no mitigating circumstance regarding this crime.

Article 13: Penalties against false accusers

Any person found guilty of false accusations of the crime of genocide ideology referred to in Article 4 of this Law shall be liable to the punishment provided for by the penal Code.

Article 14: Damages

Damages awarded to victims of the crime of the ideology of genocide shall be determined in accordance with provisions of civil procedure.

Law N°33 BIS/2003 repressing the crime of genocide, crimes against humanity and war crimes 2003

Chapter 2. THE CRIME OF GENOCIDE AND ITS SANCTIONS

Article 3:
Shall be sentenced to death any person who will have committed, in time of peace or in time of war, the crime of genocide as defined in Article 2 of this law.

Chapter 2. THE CRIME OF GENOCIDE AND ITS SANCTIONS

Article 4:
Shall be sentenced to an imprisonment of ten (10) to twenty (20) years, any person who will have publicly shown, by his or her words, writings, images, or by any other means, that he or she has negated the genocide committed, rudely minimised it or attempted to justify or approve its grounds, or any person who will have hidden or destroyed its evidence.
Where the crimes mentioned in the preceding paragraph are committed by an association or a political party, its dissolution shall be pronounced.

Chapter 3. CRIMES AGAINST HUMANITY AND THEIR SANCTIONS

Article 6:

Shall be sentenced to death, any person who will have committed a crime against humanity provided for in point 1', 2°, 3°, 6°, 7° or 9 of Article 5 of this law.

Shall be sentenced to life imprisonment or an imprisonment of ten (10) to twenty (20) years, any person who will have committed a crime against humanity provided for in point 4°, 5°, 8°, 10° of 11 ° of Article 5 of this law.

Where the, crime against humanity provided for in the preceding paragraph is accompanied with inhuman and degrading treatment, the perpetrator shall be sentenced to life imprisonment.


Article 7:

Where the crime of genocide and the crime against humanity, provided for in Articles 2 and 5 of this law have been backed, by any means whatsoever, by an association or a political organization, its dissolution shall be pronounced.

Chapter 5. OFFENCES TO HUMANITARIAN ORGANISATIONS

Article 14:

Shall be punished by an imprisonment of six (6) months to five (5) years and a fine of fifty thousand Rwandan Francs (50,000 Frws) to one hundred Rwandan Francs (100,000 Frws) or one of these penalties only, any person who:
1° will engage in hostile acts against persons belonging to Red Cross and Red Crescent organizations in their humanitarian activities;
2° will have willingly destroyed or damaged, during hostilities, equipment, installations or warehouses pertaining to such an organisation or placed under its protection.

Chapter 5. OFFENCES TO HUMANITARIAN ORGANISATIONS

Article 16:

He who, willingly and without being entitled to it, will have borne or flown the logo of humanitarian organisations, or any other sign which is an imitation or is likely to cause confusion, shall be punished by an imprisonment sentence of six (6) months to five (5) years and a fine of fifty thousand Rwandan francs (50,000Frw) to one million Rwandan Francs (1000,000Frw), or one of these penalties only.
Courts shall, in addition, pronounce confiscation of objects marked with the logo, and order destruction of instruments that will have served to produce the illegal marking.

Rome Statute

Article 77 Applicable penalties

1. Subject to article 110, the Court may impose one of the following penalties on a person convicted of a crime referred to in article 5 of this Statute:

(a) Imprisonment for a specified number of years, which may not exceed a maximum of 30 years; or

(b) A term of life imprisonment when justified by the extreme gravity of the crime and the individual circumstances of the convicted person.

2. In addition to imprisonment, the Court may order:

(a) A fine under the criteria provided for in the Rules of Procedure and Evidence;

(b) A forfeiture of proceeds, property and assets derived directly or indirectly from that crime, without prejudice to the rights of bona fide third parties.