The importance of the International Criminal Tribunal for Rwanda for international justice and the possibility of applying experience to Ukraine
The historical context of the establishment of the International Criminal Tribunal for Rwanda.
The shooting down of the plane of Rwandan President Juvénal Habyarimana, who was the leader of the extremist Hutu movement, caused the most terrible events in the history not only of this country but also of humanity. Before this event, the ethnic conflict between the Hutus and the Tutsi minority continued. Tutsi troops were led by Kagame, who was forced to leave the country with his family and settle in Uganda. In order to end the armed conflict, in 1993 a peace treaty was signed between the Rwandan Patriotic Front and the Rwandan government in Tanzania (Arusha). However, the downing of the plane, which was blamed on Tutsi forces, canceled the peace plan. From April 7, 1994, 500,000 to 800,000 (and according to some estimates, up to a million people) died in Rwanda within three months. 20% of the country’s population was destroyed.
Ethnic cleansing was accompanied by other crimes of international law, such as the mass rape of Tutsi women. After the civil war, the country’s new government asked the United Nations to establish a genocide tribunal and ICTR was established to prosecute those responsible for genocide and other serious violations of international humanitarian law committed on the territory of Rwanda and those responsible for genocide and similar violations committed on the territory of neighboring states between January 1 and December 31, 1994.
The ICTR was established based on UN Security Council resolutions adopted in conformance with Chapter VII of the UN Charter, namely:
- Security Council Resolution No. 955 of November 8, 1994 (S / RES / 955 (1994)
- Security Council Resolution No. 978 of February 27, 1995 (S / RES / 978 (1995)
- Security Council Resolution No. 1165 of April 30, 1998 (S / RES / 1165 (1998)
At the same time, the ICTR was supposed to prosecute the perpetrators of acts of genocide, but also to promote reconciliation and the restoration of justice and rule of law in Rwanda.
Composition and jurisdiction of the ICTR
The International Tribunal consists of the following bodies:
- a) Chambers consisting of three Trial Chambers and the Appeals Chamber;
- b) Prosecutor;
- c) Secretariat.
It should be noted that the UN has appointed an Independent Commission of three human rights experts to investigate Russia’s war crimes in Ukraine.
It was headed by Erik Møse (Norway), who in 2003-2007 was the president of the International Criminal Tribunal for Rwanda
https://lb.ua/world/2022/03/30/511617_oon_priznachila_ekspertiv.html
The UN Security Council approved the Statute of the International Criminal Tribunal for Rwanda, instructing the UN Secretary-General to take measures for its effective functioning. The Tribunal, according to the Statute, has jurisdiction over persons responsible for genocide and serious violations of international humanitarian law.
The ICTR Statute defines genocide as acts with the intent to destroy, in whole or in part, any national, ethnic, racial, or religious group.
The competence of the ICTR extends to crimes committed within the framework of systematic attacks on the civilian population on national, political, ethnic, racial, or religious grounds.
The Rwanda Tribunal is located in Tanzania, and the Appeals Chamber is located in The Hague. During its twenty-year activity period, the tribunal indicted 96 people, of whom 61 were sentenced to various terms of imprisonment, 14 were found not guilty, 10 were transferred to national courts, and proceedings against 8 defendants were closed.
The ICTR is of historical significance as it was the first to hear cases of genocide and to interpret the provisions of the Geneva Conventions of 1949. Also, this is the first international tribunal that interpreted the concept of “rape” as a definition of international criminal law and defined it as a means of committing genocide. In particular, a former Rwandan minister was sentenced to life imprisonment on charges of genocide. Pauline Nyiramasuhuko, 65, was charged with genocide and incitement to rape in southern Rwanda in 1994. This is a historic case, as it is the first time a woman has been convicted of genocide in an international court.
What lessons of ICTR Ukraine should take into account
Like other international criminal courts, it took the ICTR a long time to conduct proceedings. A system of local courts was created to try people who did not fall under the jurisdiction of the tribunal, which hears cases only of the main organizers of the genocide. Rwandan courts, which tried the cases concurrently, brought in sentences according to national law and delivered at least 100 death sentences. The most severe sentence of the ICTR in conformance with international law was life imprisonment. In particular, on December 18, 2008, the International Tribunal for Rwanda sentenced former Rwandan army colonel Theoneste Bagosora to life imprisonment for the genocide, as well as for organizing the Interahamwe militia. The local population perceived it as an injustice.
Therefore, it is important to adapt the criminal legislation of Ukraine to international legislation. In particular, this concerns the ratification and implementation of the Rome Statute of the UN International Criminal Court.
Ukraine takes into account and studies the experience of the ICTR in bringing to justice propagandists and owners of mass media who contributed to the crime of genocide and crimes against humanity. Thus, in the case The Prosecutor v. Ferdinand Nahimana, Jean-Bosco Barayagwiza, Hassan Ngeze, Ferdinand Nahimana, and Jean-Bosco Barayagwiza were accused of creating and managing the radio station RTLM, which promoted ethnic enmity and called for the extermination of the Tutsi. The court found that RTLM actively encouraged the “killings, relentlessly sending messages about who are the enemies here and must be destroyed once and for all.”
On the territory of Rwanda, radio was the most accessible means of mass media. RTLM broadcasts used the stories of Tutsi privilege and Hutu disadvantage, as well as the fear of armed insurgency, to mobilize the population against the predominantly Tutsi ethnic group. Among the convicts were propagandists. The director of the radio station was sentenced to 30 years in prison for building a “hate media”, and the executive director – to 32 years.
It is this experience of the ICTR regarding media responsibility that is an important precedent in the field of international criminal justice.
The Minister Foreign Affairs Dmytro Kuleba noted that “the mass media have repeatedly played a significant role in inciting genocides throughout history… Radio Télévision Libre des Mille Collines (RTLM). This was the name of a radio station in Rwanda that played a significant role in inciting the Tutsi genocide. RTLM promoted hate speech and was directly linked to the Hutu government. The International Criminal Tribunal for Rwanda indicted and found key RTLM figures guilty of genocide, incitement to genocide, and crimes against humanity.
Russian state media are no different. The key figures of the Russian mass media calling for the genocide of Ukrainians should be brought to justice.”
For reference
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