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Moot Court Question 5 For Team 5 Wednesday 26 March 13HRS

The document outlines a moot court case involving Ann Bwanakweri, a Tutsi woman who was raped during the Rwandan genocide by armed men at the behest of her town's mayor, Joseph Fyaango. After the war, Ann testified against the mayor at the International Criminal Tribunal for Rwanda, leading to his conviction for genocide despite the lack of corroborating evidence. Fyaango has since appealed the ICTR's decision to the International Criminal Court.

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6 views2 pages

Moot Court Question 5 For Team 5 Wednesday 26 March 13HRS

The document outlines a moot court case involving Ann Bwanakweri, a Tutsi woman who was raped during the Rwandan genocide by armed men at the behest of her town's mayor, Joseph Fyaango. After the war, Ann testified against the mayor at the International Criminal Tribunal for Rwanda, leading to his conviction for genocide despite the lack of corroborating evidence. Fyaango has since appealed the ICTR's decision to the International Criminal Court.

Uploaded by

edgarchisha531
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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THE UNIVERSITY OF ZAMBIA

SCHOOL OF LAW

LPR 3964: MOOT COURT

COORDINATOR: Ms. Chanda Nkholoma


Assisted by: UNZA LAW Moot Court Board

CAUSE NO. 005/2025: IN THE INTERNATIONAL CRIMINAL


COURT OF UNZA

QUESTION FOR TEAM 5 SUBMITING ON WEDNESDAY 26TH


MARCH, 2025 AT 13:00- 14:00 HOURS

FACTS
During the Rwandan war of 1994, Ann Bwanakweri, a Tutsi woman aged 20 years, was running
away from the Interahamwe militia which had killed the rest of her family. As she was running,
she encountered the mayor of her town, a man named Joseph Fyaango, who asked her to jump
into his jeep. Knowing of his respectable status in society, Ann obliged. Ann narrated to the
governor what had happened to her family and the mayor promised to protect her. After driving
for about 30 minutes, they stopped at a location where there were men wielding guns, spears and
other weapons. The mayor asked the armed men if they had carried out his orders to kill all
Tutsis in the area. They confirmed that they had “cleaned” one village and the following day
they will “clean” the next village.
The mayor expressed happiness and said that he was rewarding them for the great job. He
pointed at Ann and told them that she was their reward for doing a great job. He said they could
do anything they wanted with her to entertain themselves. In consequence, the men stripped Ann
naked and forced her to dance and sing for them. Fearing the worst, she did as they commanded.
The mayor then told the men that if they wanted they could also sleep with Ann. Five men then
raped Ann.

Two months later the war was ended and Ann rescued by a group of soldiers from the Rwanda
Patriotic Front Army led by Major-General Paul Kagame. The UN, in order to try and punish
those who were most responsible for the genocide in Rwanda, set up the International Criminal
Tribunal for Rwanda (ICTR), seated in Arusha, Tanzania. Ann took the opportunity after the war
to report her ordeal to the ICTR investigators and prosecutors, who later arrested and prosecuted
the mayor for genocide.
At the trial the only evidence against the mayor was the word of Ann that she was ordered naked
and raped by a group of men at the instance of the mayor. Ann’s testimony was never
corroborated. The mayor himself during trial acknowledged that he was part of the senior leaders
who planned the extermination of the Tutsi minority in the country, but says he never personally
killed any person and never personally touched or raped Ann. For his role in the ill-treatment and
rape of Ann, the mayor was convicted of the crime of genocide by the trial chamber of the ICTR
and sentenced to life imprisonment.
Dissatisfied with the decision of the ICTR, the mayor (Joseph Fyaango) appeals to the
international criminal court.

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