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Genocide is the intentional destruction of a people in whole or in part.
Universal jurisdiction is a legal principle that allows states or international organizations to claim criminal jurisdiction over an accused person regardless of where the alleged crime was committed, and regardless of the accused's nationality, country of residence, or any other relation to the prosecuting entity. Crimes prosecuted under universal jurisdiction are considered crimes against all, too serious to tolerate jurisdictional arbitrage. The concept of universal jurisdiction is therefore closely linked to the idea that some international norms are erga omnes, or owed to the entire world community, as well as to the concept of jus cogens – that certain international law obligations are binding on all states.
Crimes against humanity are certain serious crimes committed as part of a large-scale attack against civilians. Unlike war crimes, crimes against humanity can be committed during both peace and war and against a state's own nationals as well as foreign nationals. Together with war crimes, genocide, and the crime of aggression, crimes against humanity are one of the core crimes of international criminal law, and like other crimes against international law have no temporal or jurisdictional limitations on prosecution.
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, also known as the genocide against the Tutsi, occurred between 7 April and 19 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. Although the Constitution of Rwanda states that more than 1 million people perished in the genocide, the actual number of fatalities is unclear, and some estimates suggest that the real number killed was likely lower. The most widely accepted scholarly estimates are around 500,000 to 800,000 Tutsi deaths.
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.
The Gacaca courts were a system of transitional justice in Rwanda following the 1994 genocide. The term 'gacaca' can be translated as 'short grass' referring to the public space where neighborhood male elders (abagabo) used to meet to solve local problems. The name of this system was then adopted in 2001 as the title of the state's new criminal justice system "Gacaca Courts" to try those deemed responsible for the 1994 Rwandan genocide where over an estimated 500,000 people were killed, tortured and raped. In 1994, the United Nations Security Council created the International Criminal Tribunal for Rwanda to try high-ranking government and army officials accused of genocide, war crimes, and crimes against humanity. The Gacaca Courts were established in law in 2001, began to operate on a trial basis in 2002 and eventually came to operate as trials throughout the country by early 2007. The Gacaca courts were presented as a method of transitional justice, claimed by the Rwandan government to promote communal healing and rebuilding in the wake of the Rwandan Genocide. Rwanda has especially focused on community rebuilding placing justice in the hands of trusted citizens.
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 1994 genocide against the Tutsi.
Physicians for Human Rights (PHR) is a US-based not-for-profit human rights NGO that uses medicine and science to document and advocate against mass atrocities and severe human rights violations around the world. PHR headquarters are in New York City, with offices in Boston, Washington, D.C., as well as Nairobi. It was established in 1986 to use the unique skills and credibility of health professionals to advocate for persecuted health workers, prevent torture, document mass atrocities, and hold those who violate human rights accountable.
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.
Navanethem "Navi" Pillay is a South African jurist who served as the United Nations High Commissioner for Human Rights from 2008 to 2014. A South African of Indian Tamil origin, Pillay was the first non-white woman judge of the High Court of South Africa. She has also served as a judge of the International Criminal Court and President of the International Criminal Tribunal for Rwanda. Her four-year term as High Commissioner for Human Rights began on 1 September 2008 and was extended an additional two years in 2012. In September 2014 Prince Zeid bin Ra'ad succeeded her in her position as High Commissioner for Human Rights. In April 2015, Pillay became the 16th Commissioner of the International Commission Against the Death Penalty. She is also one of the 25 leading figures on the Information and Democracy Commission launched by Reporters Without Borders.
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.
Silvana Arbia was previously the Registrar of the International Criminal Court. After gaining experience as a judge and prosecutor in Italy, Arbia made her international début as a Senior Trial Attorney at the International Criminal Tribunal for Rwanda.
Charles Ayodeji Adeogun-Phillips is a former United Nations genocide and war crimes prosecutor, international lawyer and founder of Charles Anthony (Lawyers) LLP.
An atrocity crime is a violation of international criminal law that falls under the historically three legally defined international crimes of genocide, war crimes, and crimes against humanity. Ethnic cleansing is widely regarded as a fourth mass atrocity crime by legal scholars and international non-governmental organizations (NGOs) working in the field, despite not yet being recognized as an independent crime under international law.
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.
Segun Jegede is an international lawyer from Nigeria who has practiced law for over three decades at domestic and international level. A prolific writer and author, Jegede's career highlights comprise his extensive work of over 13 years at the United Nations International Criminal Tribunal for Rwanda (UNICTR), and advocacy work in international criminal law through the Legal Watch and Human Rights Initiative, a registered non-profit organization he co-founded. His work at the UNICTR mainly revolved around the investigation and prosecution of some of the known masterminds of the egregious crimes committed during the Rwandan genocide. His perspectives of the historical events which led to the Rwandan genocide and the ground breaking case law generated by the UNICTR established to prosecute those who bear the greatest responsibility for the genocide are documented in his book, “The Rwandan Genocide: Historical Background and Jurisprudence”. In the book, Jegede provides a riveting account of the pre-genocide history of Rwanda, including the often overlooked elements that make the Rwandan genocide one of the worst human tragedies of our time. Through the cases, in an engaging and candid style, the Author reveals several ground breaking decisions of the UNICTR such as the pronouncement of rape as genocide and the conviction of a woman for rape as a crime against humanity. Jegede serves as a consultant for the International Labour Organization (ILO) on human trafficking issues and the National Human Rights Commission.
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.
Capital punishment is no longer a legal punishment in Rwanda. The death penalty was abolished in the country in 2007.
References
- ↑ "RGB get new leaders".
- ↑ "RGB senior management".
- ↑ "Kayitesi receives MPs from the Government of Kenya".
- ↑ Kaitesi, Usta; Havema, Roelof (2011), de Brouwer, Anne-Marie; Pemberton, Antony; Letschert, Rianne; Haveman, Roelof (eds.), "Prosecution of Genocidal Rape and Sexual Torture before the Gacaca Tribunals in Rwanda", Victimological Approaches to International Crimes: Africa, Supranational Criminal Law, Intersentia, pp. 385–410, ISBN 978-1-83970-308-9 , retrieved 2024-03-20