Drew White (QC) is an international lawyer from CanadaCBC Radio, 'The Current', July 23, 2007; "Rwandan Genocide prosecutor Drew White" best known for his role in the conviction of Colonel Theoneste Bagosora, who the media dubbed "the mastermind""Mastermind of Rwanda Genocide gets life" NBC 18 Dec 2008; "Rwanda Genocide Mastermind Jailed" BBC 18 Dec 2008; of the 1994 Rwanda genocide and who White referred to in his closing trial submissions as one of the "enemies of the human race".UNICTR transcripts: "[Military 1] Bagosora et al. – redacted transcript of 01/06/2007" at page 47, line 4; see doc.TRA004329/01 at "Rwanda genocide trial finishes after 5 years", 1 June 2007, The Guardian; " 'Enemies of humanity' jailed for war crimes • International tribunal convicts ex-defence chief • Verdict 'most important since Nuremberg'", 19 December 2008, The Guardian;
International criminal prosecutions
In total, between October 2000 and December 2011, White prosecuted the trials of six accused(1) Col. Theoneste BAGOSORA; (2) Gen. Graetin KABILIGI; (3) Maj. Aloys NTABAKUZE; (4) Col. Anatole NSENGIYUMVA; (5) Capt. Ildephonse NIZEYIMANA; (6) Minister Jean-Baptiste GATETE. at the International Criminal Tribunal for Rwanda (UNICTR) in Arusha, Tanzania, resulting in five convictions and life sentences at trial (four sentences were reduced on appeal).UNICTR ‘Status of Detainees’;
The 'Military 1' Trial
Between 11 and 16 November 2005UNICTR ‘Daily Minutes of Proceedings’, 11, 14, 15 & 16 Nov 2005; Bagosora et al., (ICTR-98-41-T); http://www.unictr.org/Portals/0/Case%5CEnglish%5CBagosora%5Cminutes%5C2005%5C275-051111.pdf White cross-examined Colonel BagosoraENCYCLOPEDIA OF HUMAN RIGHTS, David P. Forsythe, (2009) Oxford Univ. Press. Topic: "Bagosora trial" pp. 1141, 1927-1931 obtaining the admission that Bagosora had been just outside the office door where ten Belgian UN peacekeepers had sought refuge and were under attack by Rwandan Government Forces on the morning of 7 April 1994.UNICTR Transcripts: "[Military 1] Bagosora et al. – redacted transcript of 15/11/2005" at pages 12-30; see doc.TRA003162/02 at White had Bagosora concede that the Colonel knew that some of the 10 Belgians had been killed and some were still alive and that when he left the scene he expected the remaining Belgian peacekeepers to be killed.UNICTR Transcripts: "[Military 1] Bagosora et al. – redacted transcript of 15/11/2005" at pages 24-25; see doc.TRA003162/02 at That concession was a key piece of evidence upon which Bagosora was convicted of the murder of some of the peacekeepers.UNICTR Judgement: 18 Dec 2008; Bagosora et al., (ICTR-98-41-T); at pages 198-199, paragraphs 792, 793 and 796; http://www.unictr.org/Portals/0/Case%5CEnglish%5CBagosora%5CJudgement%5C081218.pdf White's lengthy cross-examination also helped to ground Bagosora's conviction at trial on numerous other counts of genocide, war crimes and crimes against humanity,UNICTR Judgement: 18 Dec 2008; Bagosora et al., (ICTR-98-41-T); at page 568, Chapter 5 ‘Verdict’, paragraph 2258. including the murder and sexual violation of Rwandan prime minister Agathe UwilingiyimanaUNICTR Judgement: 18 Dec 2008; Bagosora et al., (ICTR-98-41-T); at paragraphs 2178, 2179, 2186, 2194, 2210, 2213, 2224 and 2245. and the murder of the chief justice of the constitutional court, Joseph Kavaruganda.UNICTR Judgement: 18 Dec 2008; Bagosora et al., (ICTR-98-41-T); at paragraphs 2178, 2179, 2186, 2194, 2210, 2213 and 2245;UNICTR Judgement Summary: 18 Dec 2008; Bagosora et al., (ICTR-98-41-T) at page 6, paragraph 41; http://www.unictr.org/Portals/0/Case%5CEnglish%5CBagosora%5CJudgement%5C081218_summary.pdf
Between 19 and 27 January 2004,UNICTR ‘Daily Minutes of Proceedings’, Bagosora et al., (ICTR-98-41-T); See for example 19 Jan 2004: http://www.unictr.org/Portals/0/Case\English\Bagosora\minutes\2004\190104.pd during the prosecution phase of the ‘Military 1 Trial’,The Prosecutor v. Theoneste Bagosora, Graetin Kabiligi, Aloys Ntabakuze and Anatole Nsengiyumva (ICTR-98-41-T)NOTE: Also known as the "Bagosora et al. trial" and by the ICTR Registry as the "Military trial" prior to the September 2004 commencement of the trial "Ndindiliyimana et al." (ICTR-00-56-T) which became known as the "Military 2 trial". Also see UNICTR Press Spokesman ‘Background Note’ to Military Trial, 15 March 2002; http://www.unictr.org/tabid/155/Default.aspx?id=302 White presented prosecution witness Lieutenant-General Romeo DallaireENCYCLOPEDIA OF HUMAN RIGHTS, David P. Forsythe, (2009) Oxford Univ. Press. Topic: "Dallaire" pp.386-387; 465-469; 960. of the Canadian Armed Forces (now Senator Dallaire), the UNAMIR force commander whose testimony was central to the case and was reported to be the most-watched media event in the history of the ICTR, with an "unprecedented number of international reporters".UNICTR spokesman Roland Amoussouga, 3 February 2004 "We have never had the press coverage that we have now, ... This is a defining moment for the tribunal in terms of reaching out to the rest of the world. It is helping the ICTR put its case to the international community." White's examinations of Dallaire and his aide, Major Brent Beardsley, extracted key evidence from the two witnessesUNICTR ‘Daily Minutes of Proceedings’, Bagosora et al., (ICTR-98-41-T); See for example 30 Jan 2004: http://www.unictr.org/Portals/0/Case%5CEnglish%5CBagosora%5Cminutes%5C2004%5C300104.pdf who had been obviously shaken from the experience of their observations in 1994."Troubled Dallaire relive Rwanda horror", Standard, December 9, 2011 Portions of that evidenceUNICTR Transcripts: "[Military 1] Bagosora et al. – redacted transcript of 19/01/2004" at page 46, line 13; see doc.TRA002392/02 at have become so widely known they are now central to the general public's understanding of the events in Rwanda,"’Enemies of Humanity’ Jailed for War Crimes" such as Colonel Bagosora being the "kingpin""‘Kingpin’ Convicted of Rwanda Genocide" whom the Trial Chamber confirmed was in charge on the morning of April 7,UNICTR Judgement: 18 Dec 2008; Bagosora et al., (ICTR-98-41-T); at page 516, paragraph 2031, page 547, paragraph 2158 and page 552, paragraphs 2178 & 2179. as well as the evidence of sexual crimes, particularly as described by Maj. Beardsley.UNICTR Judgement: 18 Dec 2008; Bagosora et al., (ICTR-98-41-T); at page 243, paragraphs 974-977 and page 245, paragraphs 983-985.
Other notable cross-examinations conducted by White in the ‘Military 1’ case include former Rwandan prime minister Jean Kambanda,UNICTR ‘Daily Minutes of Proceedings’, Bagosora et al., (ICTR-98-41-T); July 11, 12, 13 & Nov. 20 2006 Colonel Luc MarchalUNICTR ‘Daily Minutes of Proceedings’, Bagosora et al., (ICTR-98-41-T); Nov. 30, Dec. 1, 4, 5 & 6 2006 of the Belgian Armed Forces, and Joseph NziroreraUNICTR ‘Daily Minutes of Proceedings’, Bagosora et al., (ICTR-98-41-T); Mar. 16, 17 & June 12, 2006 the former head of the MRND political party and the president of the National Assembly.
UK journalist and author Linda Melvern, in her book "Conspiracy to Murder" repeatedly cited White's "methodical and thorough"Conspiracy to Murder’, Melvern, L., (2004), p. 283; cross-examination of Col. Bagosora for the significance of the evidence that was adduced.‘Conspiracy to Murder’, Melvern, L., (2004), p. 281; p.283; p.287 footnote 36; p.290 footnote 56; p.292 footnote 98; p.304 footnote 85; p.308 footnote 63; p.312 footnote 81. Following the December 2008 ‘Military 1’ trial judgement, CNN broadcast a special report by correspondent Christiane Amanpour, who reported that for international criminal law the case was a "milestone in justice" and of "enormous importance""Trio found guilty of Rwandan genocide" 19 December 2008 and commented that "...I have been watching this case from the beginning, and they said it couldn’t be done but let me tell you it has just been done..."."Trio found guilty of Rwandan genocide, December 19, 2008 -- Updated 1427 GMT (2227 HKT)"
The 'Gatete' Trial
The 2011 conviction of government minister Jean-Baptiste Gatete for genocide and crimes against humanityUNICTR Judgement Summary: 31 March 2011; The Prosecutor v Jean Baptiste Gatete, (ICTR-00-61-T): http://www.unictr.org/Portals/0/Case%5CEnglish%5CGatete%5Cjudgement%5C110331_summary.pdf UNICTR Judgement: 31 March 2011; The Prosecutor v Jean Baptiste Gatete, (ICTR-00-61-T): http://www.unictr.org/Portals/0/Case%5CEnglish%5CGatete%5Cjudgement%5C110331.pdf was notable partly because the trial also established the grounds for Conspiracy to Commit Genocide,UNICTR Judgement: 31 March 2011; The Prosecutor v Jean Baptiste Gatete, (ICTR-00-61-T); at pages 156-160, paragraphs 619, 625 & 629, and at pages 165-167, paragraphs 654-662. a conviction which was held on appeal. The case thus stands as one of the very few to convict for Conspiracy to Commit Genocide.UNICTR Appeals Judgement Summary: 9 October 2012; The Prosecutor v Jean Baptiste Gatete, (ICTR-00-61-A); at page 4, paragraphs 16-17 and page 5. http://www.unictr.org/Portals/0/Case%5CEnglish%5CGatete%5Cjudgement%5C121009%20-%20Summary%20Judgement.pdf Minister Gatete elected not to testify and therefore avoided cross-examination. White's closing submissions that Gatete be convicted and sentenced to life imprisonment were accepted by the trial court. The appellate court later reduced the sentence to a term of 40 years because of a 7-year delay between the time of arrest and trial.Summary AC Judgement, paras 7,20 & 21; http://www.unictr.org/Portals/0/Case%5CEnglish%5CGatete%5Cjudgement%5C121009%20-%20Summary%20Judgement.pdf "Baptiste Gatete, the man who was ‘skilled at cruelty, wicked to the soul’";
The 'Nizeyimana' Trial
The 2012 conviction of Captain Ildephonse Nizeyimana for genocide, crimes against humanity and war crimesUNICTR Judgement Summary: 19 June 2012; The Prosecutor v Ildephonse Nizeyimana, (ICTR-00-55C-T); at page 7: http://www.unictr.org/Portals/0/Case/English/Nizeyimana/Judgment/120619-Summary%20of%20Judgment.pdf UNICTR Judgement: 19 June 2012; The Prosecutor v Ildephonse Nizeyimana, (ICTR-00-55C-T): http://www.unictr.org/Portals/0/Case%5CEnglish%5CNizeyimana%5CJudgment%5CJUDGEMENT%20AND%20SENTENCE.pdf and for the April 1994 murder of the elderly Tutsi queen Rosalie GicandaUNICTR Judgement: 19 June 2012; The Prosecutor v Ildephonse Nizeyimana, (ICTR-00-55C-T); at pages 4-5, paragraphs 27-29 and at pages 422-424, paragraphs 1510-1518. in the town of Butare was another legal milestone that received significant public and media attention."Nizeyimana Convicted of Killing Queen Gicanda" at It was the final trial of a Rwandan military officer at the ICTR. Distinctly, prosecution of the Nizeyimana case was recognized by the trial court as "...one of the fastest completions of a trial of this size in the history of the tribunal", after having heard 84 witnesses in 56 days.UNICTR Judgement Summary: 19 June 2012; The Prosecutor v Ildephonse Nizeyimana, (ICTR-00-55C-T); at page 1, paragraph 1, sentence 1.UNICTR Transcripts: "Nizeyimana – redacted transcript of 19/06/2012" Captain Nizeyimana elected not to testify and therefore avoided cross-examination. The trial court followed White's closing submissions and sentenced Nizeyimana to life imprisonment but on 29 September 2014 the appellate court reduced the sentence to a term of 35 years, while upholding the majority of the convictions.
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