International impact: Establishment of the International Criminal Tribunal for Rwanda (1994) Notes

The Establishment of the International Criminal Tribunal for Rwanda (1994)

1. Establishment
   1. The ICTR was created by the UN Security Council in November 1994 (Resolution 955).
   2. Its mandate was to prosecute those responsible for genocide and serious violations of international humanitarian law committed in Rwanda during 1994.
2. Purpose
   1. The tribunal aimed to aid national reconciliation and restore peace in the region.
3. Location
   1. It was based in Arusha, Tanzania, near the site of earlier peace talks.

Tensions, Criticisms, and Achievements of the ICTR

1. Tensions with Rwanda’s justice system
   1. The Rwandan government and many citizens preferred local trials, but practical and security challenges meant trials were held in Tanzania.
   2. The ICTR’s mandate often conflicted with Rwanda’s sovereignty and justice system, creating tensions.
   3. Rwanda retained the death penalty, while the ICTR’s maximum sentence was life imprisonment.
   4. Many Rwandans viewed the ICTR’s punishments as too lenient for genocide perpetrators.
2. Operational challenges
   1. The ICTR faced underfunding, staffing shortages, and slow proceedings.
   2. Formal trials only began in late 1995, and early indictments often targeted lower-level perpetrators rather than the main architects of the genocide.
   3. By 1998, only 28 indictments had been issued, far fewer than the estimated 150,000 suspects.
3. Difficult relationship with Rwanda
   1. The ICTR had a strained relationship with the RPF-led government, which criticized its slow pace and failure to prosecute alleged RPF crimes post-genocide.
   2. This skepticism hindered cooperation and public support for the tribunal within Rwanda.
4. Failure to prosecute RPF crimes
   1. The ICTR was mandated to prosecute genocide and other serious violations of international humanitarian law committed in 1994, including those by the RPF.
   2. However, it never brought charges against RPF members, despite credible allegations of war crimes and crimes against humanity.
5. Perceptions of bias
   1. This selective focus led the Rwandan government to view the ICTR as practicing “victor’s justice”, which weakened public trust and cooperation.
6. Breakdown in cooperation
   1. In 2002, when ICTR prosecutors pursued RPF-related cases, the Rwandan government refused to facilitate witness travel or share documents.
   2. This noncooperation directly halted prosecutions and further strained relations, with Kigali systematically impeding investigations until the tribunal dropped these cases.
7. Achievements of the ICTR
   1. Despite tensions, the ICTR achieved landmark convictions.
   2. In 1998, Jean-Paul Akayesu became the first person convicted of genocide and rape as a crime against humanity by an international tribunal (see section on Wartime Sexual Violence).
   3. These rulings established important legal precedents in international law.
8. The Akayesu case and sexual violence
   1. The Akayesu ruling was the first to establish that rape and sexual violence can constitute acts of genocide.
   2. This was a groundbreaking moment, as it recognized sexual violence as not merely a byproduct of war, but a tool of genocide.
9. Expanded accountability
   1. The ruling expanded interpretations of command responsibility and direct and public incitement to commit genocide.
   2. It set a precedent that political leaders and administrators could be held liable for genocide and incitement, even without physically committing crimes, if they had authority and failed to act or encouraged crimes through speech.