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Sub-section 2: Specialized Courts
A. Gacaca Courts and the National Service for the
follow-up of their activities
• Reference to country's history
• Crimes of the previous regime
Article 152: Gacaca Courts
There is hereby established Gacaca Courts responsible for prosecuting and trying
persons accused of the crime of genocide perpetrated against Tutsi and other crimes
against humanity which were committed between October 1st 1990 and December
31st 1994 with the exception of cases jurisdiction in respect of which is vested in
other courts.
• Establishment of military courts
B. Military Courts
Article 153
Military courts comprise of the Military Tribunal and the Military High Court.
An Organic Law determines the organization, jurisdiction and functioning of Military
courts.
1. Military Tribunal
Article 154
Without prejudice to the provisions of Article 155 paragraph one of this
Constitution, the Military Court tries in the first instance all offences committed by
military personnel irrespective of their rank.
2. Military High Court
Article 155
The Military High Court shall try in the first instance, all offences which constitute a
threat to national security and murder committed by soldiers irrespective of rank.
The Military High Court is an appellate court in respect of decisions rendered by the
Military Tribunal.
The Supreme Court shall hear on appeal and at the last instance decisions of the
Military High Court in accordance with the provisions of the Law.
C. Commercial courts
Article 155bis: Commercial Courts
There are hereby established the commercial courts competent to try commercial
cases which are the Commercial High Court and the Commercial Courts.
Rwanda 2003 (rev. 2010)
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