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Judge Laïty Kama: Five Cases to Develop International Criminal Law

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Chapter Summary

This chapter focuses on several legal issues which are examined based on how they are treated in the five judgements which Judge Kama participated in. After giving a brief overview of the facts and legal issues in each case, it proceeds to a discussion of some substantive law issues that arise from the cases including genocide, rape, war crimes and crimes against humanity. The chapter addresses the question whether there exists a hierarchy between the crimes under the jurisdiction of the Tribunal. Different forms of participation and responsibility are discussed thereafter, including an examination of how the International Criminal Tribunal for Rwanda (ICTR) deals with concurrence of crimes and responsibility. Finally, the chapter deals with the sentencing practice of the ICTR and in that context, discusses the implications of a guilty plea as determined in the Kambanda and Serushago cases.

Keywords: International Criminal Tribunal for Rwanda (ICTR); Judge Kama; Kambanda case; Serushago case



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