VI.       DISPOSITION

For these reasons, the Appeals Chamber,

Considering Article 24 of the Statute and Rule 118 of the Rules,

Noting the respective written submissions of the parties and their oral arguments at the hearings of 28 and 29 May 2001 and of 17 October 2001,

Sitting in open court,

Unanimously dismisses the First, Second and Sixth Grounds of Appeal raised by Alfred Musema, subject to the following paragraph,

Finds the Appellant Alfred Musema, in the light of the additional evidence presented, not guilty on Count 7 (rape as crime against humanity); and holds that it is not necessary to rule on the Fourth and Fifth Grounds of Appeal for the reasons set out in paragraphs 343 and 345 of this Appeal Judgement,

Recalls that the Appellant withdrew his Third Ground of Appeal,

Affirms the verdict of guilty entered against Alfred Musema on Count 1 (genocide) and Count 5 (extermination as crime against humanity),

Dismisses Alfred Musema’s Appeal against Sentence and affirms the sentence of life imprisonment handed down,

Rules that this Judgement shall be enforced immediately pursuant to Rule 119 of the Rules.

Done in English and French, the French text being authoritative.

  _____________________
  _____________________
  _____________________
Claude Jorda 
Presiding Judge
Lal Chand Vohrah
Mohamed Shahabuddeen

  _____________________
  _____________________
Rafael Nieto-Navia
Fausto  Pocar

 

Judge Shahabuddeen appends a Declaration to this Judgement.

Dated this sixteenth day of November 2001
At The Hague
The Netherlands

[Seal of the Tribunal]