On 13 April 2007, Trial Chamber III of the International Criminal Tribunal for Rwanda (ICTR) referred the case against Michel Bagaragaza to the authorities of the Netherlands pursuant to Rule 11bis of the Rules of Procedure and Evidence. The Dutch authorities should refer the case to the appropriate court for trial. The Trial Chamber found that the Netherlands has jurisdiction over the crime and is willing and adequately prepared to accept the case. It also found that Bagaragaza would receive a fair trial in the courts of the Netherlands and that the death penalty would not be imposed. A previous request from the Prosecution to refer the case to Norway was denied, because Norway did not have jurisdiction over the crimes alleged in the original indictment.

In the original indictment, Bagaragaza was charged with genocide, conspiracy to commit genocide and complicity in genocide. During his initial appearance on 16 August 2005, he pleaded not guilty to all counts. On 30 November 2006, the Trial Chamber granted the Prosecution’s request to add war crimes as a fourth count to the indictment. This was charged in the alternative to the genocide count. During his further appearance on 1 December 2006, he pleaded not guilty to this added count.

Bagaragaza has been detained in the United Nations Detention Unit in Scheveningen since 18 August 2005.

Decision on Prosecutor's request for referral of the indictment to the Kingdom of the Netherlands (Rule 11bis of the Rules of Procedure and Evidence)