The Prosecutor v. Mbarushimana
Allegations & Charges
Callixte Mbarushimana is allegedly the Executive Secretary of the Democratic Forces for the Liberation of Rwanda (Forces Démocratiques pour la Libération du Rwanda, FDLR) and its armed wing, the FDLR-FCA. The FDLR is an armed group formed after the 1994 Rwandan Genocide that has been operating in the Democratic Republic of the Congo throughout and in the aftermath of the first and second Congo wars.
The ICC Office of the Prosecutor (OTP) alleged that Mbarushimana assumed his position as Executive Secretary of the FDLR in 2007. In this role, Mbarushimana allegedly agreed to conduct an international campaign to extort political power from the Democratic Republic of the Congo, the Republic of Rwanda and the international community by committing atrocities against civilians. The OTP alleges that as a leader of the FDLR, Mbarushimana agreed to conduct a campaign attacking civilian populations in order to create a human catastrophe which could strengthen their bargaining position. In implementing this plan, the FDLR allegedly repeatedly attacked civilian populations from the end of 2008 through 2009 in North and South Kivu, killing hundreds and forcibly displacing over 370,000 individuals.
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The Accused is alleged to have intentionally contributed to the commission or attempted commission of the crimes listed below by a group, with the aim of furthering the criminal activity or purpose of the perpetrators (Article 25(3)(d)(i) of the Rome Statute), and with knowledge of the perpetrators’ intention to commit these crimes (Article 25(3)(d)(ii)).
Under this mode of criminal liability, the Accused is charged with the following atrocity crimes:
Murder (Crime against Humanity): Article 7(1)(a)
Rape (Crime against Humanity): Article 7(1)(g)
Persecution (Crime against Humanity): Article 7(1)(h)
Inhumane Acts (Crime against Humanity): Article 7(1)(k)
Attacks against Civilians (War Crime): Article 8(2)(b)(i)
Murder (War Crime): Article 8(2)(c)(i)
Mutilation (War Crime): Articles 8(2)(c)(i)-2 and 8(2)(e)(xi)-1
Torture (War Crime): Article 8(2)(a)(ii)-1
Rape (War Crime): Article 8(2)(b)(xxii)
Inhuman Treatment (War Crime): Article 8(2)(a)(ii)-2
Destruction of Property (War Crime): Article 8(2)(a)(iv)
Pillaging (War Crime): Article 8(2)(b)(xvi), (e)(v)
Pre-Trial Chamber I issued a sealed arrest warrant for Mbarushimana on September 28, 2010, which was unsealed on October 11, 2010. Mbarushimana entered ICC custody on January 25, 2011. Pre-Trial Chamber I declined to confirm charges against him on December 16, 2011. He was released from ICC custody on December 23, 2011.
- Initial appearance : January 28, 2011
Decision on the confirmation of chargesCharges not confirmed : December 16, 2011
- Release : December 23, 2011
Decision upholding verdictAppeal Rejected : May 30, 2012