The End of a Culture of Impunity in Rwanda? Prosecution of Genocide and War Crimes before Rwandan Courts and the International Criminal Tribunal for Rwanda

1998 ◽  
Vol 1 ◽  
pp. 161-188 ◽  
Author(s):  
Catherine Cissé
Keyword(s):  
United Nations ◽  
International Criminal ◽  
Prime Minister ◽  
International Criminal Tribunal ◽  
War Crimes ◽  
Constitutional Court ◽  
Plane Crash ◽  
The United Nations ◽  
Culture Of Impunity ◽  
Ruling Party

Following the death of Rwandan President Juvénal Habyarimana in a plane crash on 6 April 1994, Hutu extremists, members of the Presidential Guard, Rwandan army troops, theInterhamwe(‘Those who work together’) militia affiliated to the ruling party, the M.R.N.D. (Mouvement Révolutionaire National pour la Démocratie) and theImpuzamugambi(‘Those with a single purpose’) militia of the extremist CDR Party (Coalition pour la Défense de la République) began the systematic and widespread killings of Tutsi civilians in the capital Kigali. Hutu moderates were also targeted. Early victims of the violence included Prime Minister Agathe Uwilingiyimana along with ten Belgian soldiers of the United Nations Assistance Mission for Rwanda (UNAMIR). This incident prompted the withdrawal of UNAMIR which left the perpetrators of the genocide a free rein. Ministers and the President of the Constitutional Court were also killed within hours of the plane crash.

Part 4 Adjudication Within the United Nations System, 31 Criminal Tribunals Established by, or in Relationship with, the UN

2017 ◽  
Author(s):  
Higgins Dame Rosalyn, DBE, QC ◽  
Webb Philippa ◽  
Akande Dapo ◽  
Sivakumaran Sandesh ◽  
Sloan James
Keyword(s):  
United Nations ◽  
Sierra Leone ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
War Crimes ◽  
Criminal Court ◽  
East Timor ◽  
The United Nations ◽  
United Nations System ◽  
Nations System

This chapter covers criminal tribunals established by, or in relationship with, the United Nations (UN). It includes the International Criminal Tribunal for the Former Yugoslavia; the International Criminal Tribunal for Rwanda; the International Criminal Court; The Special Court for Sierra Leone; the Extraordinary Chambers in the Courts of Cambodia; the Special Tribunal for Lebanon; the Kosovo Regulation 64 Panels; the East Timor Special Panels for Serious Crimes; and the Bosnia and Herzegovina War Crimes Chamber. The chapter discusses the establishment and jurisdiction of each court or tribunal; its composition; its relationship with other bodies; resources and completion mechanisms; residual issue; and legacy.

Improving the Operation and Functioning of the International Criminal Tribunals

2000 ◽  
Vol 94 (4) ◽  
pp. 759-773 ◽  
Author(s):  
Daryl A. Mundis
Keyword(s):  
United Nations ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Secretary General ◽  
General Assembly ◽  
Expert Group ◽  
International Criminal Tribunals ◽  
International Tribunals ◽  
The United Nations

Since the establishment of the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda, both International Tribunals have grown tremendously in terms of resources. Despite this growth, the International Tribunals have rendered judgments in only fifteen cases and conducted inordinately long trials—a fault for which, perhaps more than any other, they can be justly criticized. The Secretary- General of the United Nations recently appointed an expert group to review the efficiency of the operation of the International Tribunals and make recommendations for improvement. Following the release of the group's report, the General Assembly requested that the Secretary-General obtain comments from the International Tribunals on the experts’ recommendations. The ICTYjudges, for their part, considered these recommendations in a report to the United Nations setting forth a long-term strategy for improving the operation of the Tribunal.

Rape and Human Rights

PMLA ◽  
2006 ◽  
Vol 121 (5) ◽  
pp. 1662-1664 ◽  
Author(s):  
Jean Franco
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Ethnic Group ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Former Yugoslavia ◽  
Crimes Against Humanity ◽  
Geneva Conventions ◽  
War Criminals ◽  
The United Nations

According to the report of the United Nations commission on Human Rights, rape is the least condemned war crime (coomaraswamy, Further Promotion 64n263). Although wartime rape was listed as a crime against humanity by the Nuremberg Military Tribunals and by the Geneva Conventions, it was not until 2001 that the International Criminal Tribunal for the former Yugoslavia identified rapists as war criminals. In that year the tribunal sentenced three men for violations of the laws or customs of war (torture, rape) and crimes against humanity (torture, rape) committed during the war in Bosnia during the 1993 takeover of Foca, where women were systematically raped and killed, the purpose being “to destroy an ethnic group by killing it, to prevent its reproduction or to disorganize it, removing it from its home soil.”

scholarly journals The United Nations War Crimes Commission and the Origins of International Criminal Justice

2014 ◽  
Vol 25 (1-2) ◽  
pp. 1-7 ◽  
Author(s):  
William Schabas ◽  
Carsten Stahn ◽  
Joseph Powderly ◽  
Dan Plesch ◽  
Shanti Sattler
Keyword(s):  
Criminal Justice ◽  
United Nations ◽  
International Criminal ◽  
War Crimes ◽  
International Criminal Justice ◽  
The United Nations

Investigating Crimes against Humanity in Syria and Iraq: The Commission for International Justice and Accountability

2017 ◽  
Vol 9 (4) ◽  
pp. 395-421 ◽  
Author(s):  
Melinda Rankin
Keyword(s):  
United Nations ◽  
International Criminal ◽  
International System ◽  
Criminal Liability ◽  
War Crimes ◽  
International Community ◽  
Criminal Court ◽  
International Justice ◽  
Crimes Against Humanity ◽  
The United Nations

The failure of the United Nations to effect a ‘responsibility to protect’ in Syria and Iraq has provoked acrimonious debates over how the international community should respond to mass atrocities in the contemporary international order. Moreover, the fact that the International Criminal Court and other United Nations (un) agencies remain unable to investigate in Syria and Iraq, has reinvigorated debate on the mechanisms available to bring those most responsible for humanities gravest crimes to account. This article examines the Commission for International Justice and Accountability (cija). As non-state actors, cija conduct their investigations outside the United Nations system, with the aim of investigating and preparing case briefs for the most senior leaders suspected of war crimes and crimes against humanity in Syria; and war crimes, crimes against humanity and allegations of genocide in Iraq. This article argues that in preparing case briefs for individual criminal liability for a future prosecution, cija have attempted to extend the system of international criminal law, and in so doing, pose a challenge to traditional notions of the state in relation to the concept of war and the law, and the relationship between power and law in the international system. The article concludes by the asking the question: does the international community have a ‘responsibility to prosecute’ those suspected of criminal misconduct?

Constitutional and Institutional Developments

1999 ◽  
Vol 12 (4) ◽  
pp. 931-933
Author(s):  
Åsa Rydberg
Keyword(s):  
United Nations ◽  
Federal Government ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Foreign Affairs ◽  
Former Yugoslavia ◽  
Federal Minister ◽  
The United Nations ◽  
State Secretary

On 23 July 1999, an Agreement on the enforcement of sentences of the International Criminal Tribunal for the former Yugoslavia (ICTY) was concluded between the United Nations and the Federal Government of Austria. The formalization of the Agreement took place during a meeting in Vienna between Judge Gabrielle Kirk McDonald, President of the ICTY, H.E. Mrs. Benita Ferrero-Waldner, State Secretary, Federal Ministry for Foreign Affairs of Austria and H.E. Mr. Nikolaus Michalek, Federal Minister for Justice of Austria. Austria is the fifth state to enter into such an Agreement.

Constitutional and Institutional Developments

2000 ◽  
Vol 13 (2) ◽  
pp. 369-371 ◽  
Author(s):  
Åsa Rydberg
Keyword(s):  
United Nations ◽  
Security Council ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Former Yugoslavia ◽  
Legal Requirements ◽  
Permanent Member ◽  
The United Nations ◽  
The Government

Two additional agreements have been concluded on the enforcement of sentences of the International Criminal Tribunal for the former Yugoslavia (ICTY). On 25 February 2000, an agreement was concluded between the Government of the French Republic and the United Nations on the enforcement of sentences of the ICTY. Thus, France thereby became the first permanent member of the Security Council to conclude such an agreement. A month later, on 28 March 2000, another agreement was concluded between the Kingdom of Spain and the United Nations. Both these agreements will enter into force upon notification to the United Nations by the respective states that the necessary national legal requirements have been met. Previously, agreements have been concluded with the following states: Italy, Finland, Norway, Sweden and Austria.

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