The Uncondemned | |
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Directed by |
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Written by | Michele Mitchell |
Cinematography | Nick Louvel |
Edited by | Nick Louvel |
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Running time | 85 minutes |
Country | United States |
Languages | English French Kinyarwanda |
The Uncondemned is a 2015 documentary film produced by Film at Eleven Media. Co-directed by Michele Mitchell and Nick Louvel, the film examines the first trial that prosecuted rape as a war crime and an act of genocide. [1] Rape was declared a war crime in 1919 but was not tried in court until 1997 during the trial of Jean-Paul Akayesu as a part of the International Criminal Tribunal for Rwanda (ICTR). Shot in Rwanda, the Democratic Republic of the Congo, the Netherlands and the United States, The Uncondemned premiered at the Hamptons International Film Festival on October 9, 2015. [2]
The Uncondemned recounts the 1997 trial of Jean-Paul Akayesu for his alleged knowledge of the rapes and other war crimes during the Rwandan Genocide in 1994. The film features three women, who were victims of rape and anonymously testified in the trial, as well as American prosecutors Pierre-Richard Prosper and Sara Darehshori recalling their building the case against Akayesu. [3]
Genocide is the intentional destruction of a people in whole or in part. In 1948, the United Nations Genocide Convention defined genocide as any of five "acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group". These five acts were: killing members of the group, causing them serious bodily or mental harm, imposing living conditions intended to destroy the group, preventing births, and forcibly transferring children out of the group. Victims are targeted because of their real or perceived membership of a group, not randomly.
The International Criminal Tribunal for Rwanda was an international court established in November 1994 by the United Nations Security Council in Resolution 955 in order to adjudicate people charged for the Rwandan genocide and other serious violations of international law in Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994. The court eventually convicted 61 individuals and acquitted 14.
The Rwandan genocide occurred between 7 April and 15 July 1994 during the Rwandan Civil War. During this period of around 100 days, members of the Tutsi minority ethnic group, as well as some moderate Hutu and Twa, were killed by armed Hutu militias. The most widely accepted scholarly estimates are around 500,000 to 800,000 Tutsi deaths.
Pierre-Richard Prosper is an American lawyer, prosecutor and former government official. He served as the second United States Ambassador-at-Large for War Crimes Issues under President George W. Bush from 2001 to 2005.
Pauline Nyiramasuhuko is a Rwandan politician who was the Minister for Family Welfare and the Advancement of Women. She was convicted of having incited troops and militia to carry out rape during the Rwandan genocide of 1994. She was tried for genocide and incitement to rape as part of the "Butare Group" at the International Criminal Tribunal for Rwanda (ICTR) in Arusha, Tanzania. In June 2011, she was convicted of seven charges and sentenced to life imprisonment. Nyiramasuhuko is the first woman to be convicted of genocide by the ICTR, and the first woman to be convicted of genocidal rape.
Jean Kambanda is a Rwandan former politician who served as the Prime Minister of Rwanda in the caretaker government from the start of the 1994 Rwandan genocide. He is the only head of government to plead guilty to genocide, in the first group of such convictions since the Convention on the Prevention and Punishment of the Crime of Genocide came into effect in 1951.
Jean-Paul Akayesu is a former teacher, school inspector, and Republican Democratic Movement (MDR) politician from Rwanda, convicted of genocide for his role in inciting the Rwandan genocide.
International criminal law (ICL) is a body of public international law designed to prohibit certain categories of conduct commonly viewed as serious atrocities and to make perpetrators of such conduct criminally accountable for their perpetration. The core crimes under international law are genocide, war crimes, crimes against humanity, and the crime of aggression.
In the practice of international law, command responsibility is the legal doctrine of hierarchical accountability for war crimes, whereby a commanding officer (military) and a superior officer (civil) is legally responsible for the war crimes and the crimes against humanity committed by his subordinates; thus, a commanding officer always is accountable for the acts of commission and the acts of omission of his soldiers.
Michele Mitchell is an American filmmaker, journalist and author best known for her on-camera reporting for PBS and CNN Headline News and her documentaries Haiti: Where Did the Money Go? and The Uncondemned (2015).
Wartime sexual violence is rape or other forms of sexual violence committed by combatants during an armed conflict, war, or military occupation often as spoils of war, but sometimes, particularly in ethnic conflict, the phenomenon has broader sociological motives. Wartime sexual violence may also include gang rape and rape with objects. It is distinguished from sexual harassment, sexual assaults and rape committed amongst troops in military service.
Prosecution of gender-targeted crimes is the legal proceedings to prosecute crimes such as rape and domestic violence. The earliest documented prosecution of gender-based/targeted crimes is from 1474 when Sir Peter von Hagenbach was convicted for rapes committed by his troops. However, the trial was only successful in indicting Sir von Hagenbach with the charge of rape because the war in which the rapes occurred was "undeclared" and thus the rapes were considered illegal only because of this. Gender-targeted crimes continued to be prosecuted, but it was not until after World War II when an international criminal tribunal – the International Military Tribunal for the Far East – were officers charged for being responsible of the gender-targeted crimes and other crimes against humanity. Despite the various rape charges, the Charter of the Tokyo Tribunal did not make references to rape, and rape was considered as subordinate to other war crimes. This is also the situation for other tribunals that followed, but with the establishments of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR), there was more attention to the prosecution of gender-targeted crimes with each of the statutes explicitly referring to rape and other forms of gender-targeted violence.
The term international framework of sexual violence refers to the collection of international legal instruments – such as treaties, conventions, protocols, case law, declarations, resolutions and recommendations – developed in the 20th and 21st century to address the problem of sexual violence. The framework seeks to establish and recognise the right all human beings to not experience sexual violence, to prevent sexual violence from being committed wherever possible, to punish perpetrators of sexual violence, and to provide care for victims of sexual violence. The standards set by this framework are intended to be adopted and implemented by governments around the world in order to protect their citizens against sexual violence.
During the Rwandan genocide of 1994, over the course of 100 days, up to half a million women and children were raped, sexually mutilated, or murdered. The International Criminal Tribunal for Rwanda (ICTR) handed down the first conviction for the use of rape as a weapon of war during the civil conflict, and, because the intent of the mass violence against Rwandan women and children was to destroy, in whole or in part, a particular ethnic group, it was the first time that mass rape during wartime was found to be an act of genocidal rape.
Timothy Paul Longman is a professor of political science and international relations at Boston University. A protege of Alison Des Forges, he is recognized as one of the top authorities on the Rwandan genocide and its legacies.
Lennart Aspegren was a Swedish judge who served on the International Criminal Tribunal for Rwanda (ICTR). He was one of three judges who ruled that rape fell within the legal definition of genocide and crimes against humanity in the case The Prosecutor v. Jean-Paul Akayesu involving Jean-Paul Akayesu. Akeyesu was the first genocide trial in history: "Not even Eichmann in Israel, who was accused of having committed crimes against humanity, was charged with genocide". While serving on the Tribunal he worked with Navi Pillay who later became the UN High Commissioner for Human Rights. In 2011, Aspegren accepted a position with the UN Expert Committee for Gaza; together with American judge Mary Davis, Aspergen prepared a report colloquially called the "Davis/Aspegren Report". It was presented by the UN Human Rights Council’s Committee in 2011; the United States and Israel voted against it.
Taba was a commune located in the historic Gitarama Prefecture of Rwanda. During the Rwandan genocide in 1994 massacres and atrocities were committed in Taba. The Hutu Interahamwe militia murdered hundreds of Tutsi and Tutsi women were raped in government offices. The mayor of Taba, at the time of the atrocities, was Jean Paul Akayesu. Akayesu was the first person convicted of genocide by the International Criminal Tribunal for Rwanda (ICTR).
Genocide is the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group. The term was coined in 1944 by Raphael Lemkin. It is defined in Article 2 of the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) of 1948 as "any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial, or religious group, as such: killing members of the group; causing serious bodily or mental harm to members of the group; deliberately inflicting on the group's conditions of life, calculated to bring about its physical destruction in whole or in part; imposing measures intended to prevent births within the group; [and] forcibly transferring children of the group to another group."