General Assembly Security Council
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Table of Contents
TABLE OF CONTENTS 1. INTRODUCTION ....................................................................................................... 2 1.1 Achievements and vital role of Tribunal .......................................................... 3 1.2 Strengthening the Tribunal .............................................................................. 4 1.3 Response of Tribunal officials ......................................................................... 7 1.4 Trials in the Rwandese Courts ......................................................................... 8 2. CREATION OF THE TRIBUNAL .............................................................................. 8 2.1 Statute of the Tribunal ................................................................................. 10 2.2 The first prosecutions .................................................................................... 12 3. DELAY OF TRIALS ................................................................................................... 12 4. PROSECUTION STRATEGY..................................................................................... 14 4.1 Relations with the Rwandese Government .................................................. 15 4.2 Prosecuting RPF abuses ................................................................................. 16 4.3 Investigation and prosecution of sexual violence crimes ............................... 17 5. WITNESS PROTECTION .......................................................................................... -
Hotel Rwanda - 1
Hotel Rwanda - 1 HOTEL RWANDA Hollywood and the Holocaust in Central Africa keith harmon snow Reprinting permitted with proper attribution to: <http://www.allthingspass.com> Text corrected, 1 November 2007 (see note [36-a]). What happened in Rwanda in 1994? The standard line is that a calculated genocide occurred because of deep-seated tribal animosity between the majority Hutu tribe in power and the minority Tutsis. According to this story, at least 500,000 and perhaps 1.2 million Tutsis—and some ‘moderate’ Hutus—were ruthlessly eliminated in a few months, and most of them were killed with machetes. The killers in this story were Hutu hard-liners from the Forces Armees Rwandais, the Hutu army, backed by the more ominous and inhuman civilian militias—the Interahamwe—“those who kill together.” “In three short, cruel months, between April and July 1994,” wrote genocide expert Samantha Power on the 10th anniversary of the genocide, “Rwanda experienced a genocide more efficient than that carried out by the Nazis in World War II. The killers were a varied bunch: drunk extremists chanting ‘Hutu power, Hutu power’; uniformed soldiers and militia men intent on wiping out the Tutsi Inyenzi, or ‘cockroaches’; ordinary villagers who had never themselves contemplated killing before but who decided to join the frenzy.” [1] The award-winning film Hotel Rwanda offers a Hollywood version and the latest depiction of this cataclysm. Is the film accurate? It is billed as a true story. Did genocide occur in Rwanda as it is widely portrayed and universally imagined? With thousands of Hutus fleeing Rwanda in 2005, in fear of the Tutsi government and its now operational village genocide courts, is another reading of events needed? [2] Hotel Rwanda - 2 Is Samantha Power—a Pulitzer Prize winning journalist—telling it straight? [3] Is it possible, as evidence confirms, that the now canonized United Nations peacekeeper Lt. -
Summary of the Judgement 1. Mr. Rutaganda Was Tried by Trial
Summary of the Judgement 1. Mr. Rutaganda was tried by Trial Chamber I of this Tribunal on the basis of an Indictment presented on 13 February 1996, and confirmed on 16 February 1996. The Indicment contained eight counts. The Trial opened on 18 March 1997 and ended on 17 June 1999, and the Trial Chamber Judgement and Sentence were delivered on 6 December 1999. The Trial Chamber convicted Mr. Rutaganda on the basis of Article 6(1) of the Statute of the Tribunal on three counts: Count 1, genocide; Count 2, extermination as a crime against humanity; and Count 7, murder as a crime against humanity. The convictions under Counts 1 and 2 rested on his distributing weapons and ordering or encouraging the recipients to kill Tutsis in Nyarugenge on 8, 15, and 24 April 1994; overseeing the detention and shooting of 14 people behind the Amgar garage in April 1994; participating in the killings at the Ecole Technique Officielle (“ETO school”) on 11 April and then the killing of many of the survivors of that attack at Nyanza; and his personally murdering Emanuel Kayitare on 28 April. The conviction under Count 7 rested on the murder of Emanuel Kayitare. The Trial Chamber acquitted Rutaganda of the other five counts. 2. The Trial Chamber sentenced Mr. Rutaganda to a single sentence of life imprisonment. He and the Prosecution filed appeals on 5 and 6 January 2000, respectively. 3. During the pre-appeal proceedings, the Appeals Chamber was seized of numerous motions by the parties. In addition, on 5 January 2001, the Registrar granted a request by then Lead Defence Counsel, Ms. -
We Are Going to Rape You and Taste Tutsi Women”: Rape During the 1994 Rwandan Genocide
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by OpenSIUC “We are going to rape you and taste Tutsi women”: Rape During the 1994 Rwandan Genocide Christopher W. Mullins Center for the Study of Crime, Delinquency and Corrections Southern Illinois University Carbondale Word count: 8883 This paper was made possible by the author’s receipt of the Charles Hill Research Excellence Award given by the University of Northern Iowa’s College of Social and Behavioral Science. I gratefully acknowledge the assistance of Jessica Braccio for helping organize the data and Robin M. Cardwell-Mullins for helpful comments on an earlier draft. Please direct all correspondence to Christopher W. Mullins, Faner Hall 4226 Mail Code 4504 Southern Illinois University Carbondale, Carbondale IL 62901 USA, 618-453-6368, fax 618-453-6377, email: [email protected] Abstract Over the past decades, scholars have paid greater attention to sexual violence, in both theorization and empirical analysis. One area which has been largely ignored, however, is the sexual violence during times of armed conflict. This paper examines the nature and dynamics of sexual violence as it occurred during the 1994 Rwandan genocide. Drawing upon testimonies given to the International Criminal Tribunal for Rwanda (ICTR), descriptions of rapes--both singular and mass—were qualitatively analyzed. In general, three broad types of assaults were identified: opportunistic, assaults which seemed to be a product of the disorder inherent within the conflict; episodes of sexual enslavement; and genocidal rapes, which were framed by the broader genocidal endeavors occurring at the time. -
“The Law of Incitement” (PDF)
THE LAW OF INCITEMENT United States Holocaust Memorial Museum Symposium "Speech, Power and Violence" ∗ by Gregory S. Gordon I. INTRODUCTION This essay will explore the origins and development of the crime of direct and public incitement to commit genocide. It will begin with an historical analysis of the epochal Nuremberg decisions regarding Nazi hate-mongers Julius Streicher, Hans Fritzsche and Otto Dietrich. Although these decisions did not deal explicitly with incitement as a separate crime, they laid the groundwork for future development of incitement as a crime in its own right. The essay will then examine the official birth of the incitement crime with the adoption of the 1948 Convention on the Prevention and Punishment of Genocide ("Genocide Convention"). From that point through the next forty-five years, the crime was not actually applied. But that changed with the creation of the International Criminal Tribunal for Rwanda (ICTR), which vigorously prosecuted incitement to genocide. Through a series of cases that progressively fleshed out elements of the crime, the ICTR jurisprudence set out the materials necessary to construct a legal framework necessary to analyze incitement. That framework was put to good use in the Canadian immigration context in the case of Rwandan politician Leon Mugesera, who delivered an infamous pre-1994 speech calling for genocide through a series of violent and macabre metaphors. The essay will conclude with an analysis of the most recent ICTR case to apply and develop the incitement framework -- Prosecutor v. Simon Bikindi. Bikindi, a popular songwriter, composed music and lyrics that provoked ethnic hatred toward Tutsis. -
Rwandan Journalists Who Were Living in Uganda Went Back Home and Resumed Working
Because of this history, the media are no longer trusted by the public and government, and most people are suspicious of the journalism profession generally. Under the new government, a few journalists who had survived the genocide and other Rwandan journalists who were living in Uganda went back home and resumed working. RWANDA 268 MEDIA SUSTAINABILITY INDEX 2006–2007 INTRODUCTION OVERALL SCORE: 2.29 RWANDA Rwanda lost almost all its journalists during the 1994 genocide; they were among the roughly one million Tutsi and moderate Hutu Rwandans who were killed by extremist armed militia known by the name Interehemwa. The genocide came after the death of then-President Juvenile Habyarimana in a plane crash Rsuspected to have been caused by rebels hiding out in Uganda. During this genocide, which lasted for a period of about 100 days, the media stood accused of acting as a tool of hate. Some local radio stations and print media encouraged neighbors to turn against each other. Hutu extremists used the radio to mobilize the Hutu majority, coordinate killings, and try to ensure that the Tutsi were systematically eliminated. Rwandans are still bitter that it occurred with little intervention from Western governments, and it finally ended when the rebel group Rwanda Patriotic Front and the Ugandan Army wrested power away from the perpetrators and stopped the massacres. Some journalists who are believed to have actively participated in the genocide were investigated by international human-rights groups and were arrested and charged by the UN International Criminal Tribunal for Rwanda. Other journalists chose to go into exile. -
ACTA UNIVERSITATIS UPSALIENSIS Studia Historica Upsaliensia 264
ACTA UNIVERSITATIS UPSALIENSIS Studia Historica Upsaliensia 264 Utgivna av Historiska institutionen vid Uppsala universitet genom Margaret Hunt och Maria Ågren Cover Photo: Nyamata Church, Rwanda Photographer: Ben Curtis, Associated Press Cover Layout: Kerri Sandell Olov Simonsson God Rests in Rwanda The Role of Religion in the 1994 Genocide in Rwanda Dissertation presented at Uppsala University to be publicly examined in Geijersalen, Thunbergsvägen 3P, Uppsala, Friday, 14 June 2019 at 09:15 for the degree of Doctor of Philosophy. The examination will be conducted in English. Faculty examiner: Professor R. Scott Appleby. Abstract Simonsson, O. 2019. God Rests in Rwanda. The Role of Religion in the 1994 Genocide in Rwanda. Studia Historica Upsaliensia 264. 312 pp. Uppsala: Acta Universitatis Upsaliensis. ISBN 978-91-513-0655-1. This study analyses the role of religion in the Rwandan genocide, providing new explanations to the complex dynamics of devaluation and victimisation processes in genocidal violence. The thesis explains how religion was used in different contexts prior to, during, and after the 1994 genocide. The following questions guide this study: What kinds of religious concepts and arguments were used in the context of the Rwandan genocide, and how? Why were they used and what did these concepts and arguments mean? Finally, did the meanings of the religious arguments change over time and between different contexts, and if so why? Texts from three sources were analysed: the Hutu extremist propaganda in Kangura magazine and in RTLM broadcasts, and testimonies from the ICTR trials. The analysis was guided by Roger Dale Petersen’s theory on Fear, Hatred, and Resentment, as well as theories on devaluation, social identity, self-victimisation, and competitive victimhood. -
ORIGINAL: ENGLISH TRIAL CHAMBER I Before: Judge Erik Møse
International Criminal Tribunal for Rwanda Tribunal pénal international pour le Rwanda ORIGINAL: ENGLISH TRIAL CHAMBER I Before: Judge Erik Møse, presiding Judge Jai Ram Reddy Judge Sergei Alekseevich Egorov Registrar: Adama Dieng Date: 18 December 2008 THE PROSECUTOR v. Théoneste BAGOSORA Gratien KABILIGI Aloys NTABAKUZE Anatole NSENGIYUMVA Case No. ICTR-98-41-T JUDGEMENT AND SENTENCE Office of the Prosecutor: Counsel for the Defence: Barbara Mulvaney Raphaël Constant Christine Graham Allison Turner Kartik Murukutla Paul Skolnik Rashid Rashid Frédéric Hivon Gregory Townsend Peter Erlinder Drew White Kennedy Ogetto Gershom Otachi Bw’Omanwa The Prosecutor v. Théoneste Bagosora et al., Case No. ICTR-98-41-T TABLE OF CONTENTS CHAPTER I: INTRODUCTION........................................................................................ 1 1. Overview ................................................................................................................... 1 2. The Accused ............................................................................................................. 8 2.1 Théoneste Bagosora ................................................................................................... 8 2.2 Gratien Kabiligi ....................................................................................................... 10 2.3 Aloys Ntabakuze ...................................................................................................... 10 2.4 Anatole Nsengiyumva ............................................................................................. -
The International Criminal Tribunal for Rwanda: Bringing the Killers to Book
The International Criminal Tribunal for Rwanda: bringing the killers to book by Chris Maina Peter No matter how many atrocities cases these international tri- bunals may eventually try, their very existence sends a powerful message. Their statutes, rules of procedure and evidence, and practice stimulate the development of the law.' In the spring of 1994 more than 500,000 people were killed in Rwanda in one of the worst cases of genocide in history. The slaughter began on 6 April 1994, only a few hours after the plane bringing the Presidents of Rwanda and Burundi back from peace negotiations in Tanzania was shot down as it approached Kigali Airport. It would seem that the genocide had been planned long in advance and that the only thing needed was the spark that would set it off. For months, Radio-Television Libre des Mille Collines (RTMC) had been spreading violent and racist propaganda on a daily basis fomenting hatred and urging its listeners to exterminate the Tutsis, whom it referred to as Inyenzi or "cockroaches".2 According to one source: The genocide had been planned and implemented with meticulous care. Working from prepared lists, an unknown and unknowable number of people, often armed with machetes, nail-studded clubs or Chris Maina Peter is Associate Professor at the Faculty of Law, University of Dal- es Salaam. Tanzania. He is also Defence Counsel for indigent suspects and accused persons at the International Criminal Tribunal for Rwanda. 1 Theodor Meron, "The international criminalization of internal atrocities", American Journal of International Ixiw, Vol. 89, 1995, p. -
Judging Stories
LCB_18_1_Art_2_Novogrodsky (Do Not Delete) 4/25/2014 8:00 AM JUDGING STORIES by Noah Benjamin Novogrodsky This Article uses the confluence of incitement to genocide and hate speech in a single case to explore the power of stories in law. That power defines how we see the world, how we form communities of meaning, and how we speak to one another. Previous commentators have recognized that law is infused with stories, from the narratives of litigants, to the rhetoric of lawyers, to the tales that judges interpret and create in the form of written opinions. “Judging Stories” builds on those insights to address the problems posed by transnational speech and the question of which norms apply to inflammatory publications transmitted across borders. This Article introduces the term “master story” to make three related claims. First, states produce and rely upon master stories—constitutive legal narratives—that define political culture and shape the contours of permitted and forbidden speech. Second, judges play a unique role in constructing master stories. Judicial speech is different than other forms of commentary and serves to join law with communal fables in ways that legitimate some stories at the expense of others. Third, courts and tribunals are beginning to use incitement to genocide—but not hate speech—to write a new master story. As geographically and temporally removed tribunals are called upon to adjudicate hateful expression from outside the master story, a global process is unfolding that may serve to reset the balance between unfettered speech and the threat of dignitary harms posed by incendiary language. -
Forensic Turn
9 Bury or display? The politics of exhumation in post-genocide Rwanda Rémi Korman The practices and techniques employed by forensic anthropologists in the scientific documentation of human rights violations, and situ- ations of mass murder and genocide in particular, have developed enormously since the early 1990s.1 The best-known case studies con- cern Latin American countries which suffered under the dictator- ships of the 1970s–1980s, Franco’s Spain, and Bosnia. In Rwanda, the first forensic study of a large-scale massacre was carried out one year before the genocide, in January 1993, in the context of a report produced by the International Federation for Human Rights (FIDH) on ‘the violations of human rights in Rwanda since 1 October’, the date marking the beginning of the country’s civil war.2 Although still comparatively little studied, this period constitutes a link between the pre- and post-genocide context. Since 1994, however, very few formal forensic investigations have in fact been carried out in Rwanda. Nevertheless, several thousand exhumations have been organized over the last twenty years by survivors of the genocide, churches, and the Rwandan state itself. What accounts for the specific features of the Rwandan case in this respect? In what context are these genocide exhumations carried out and who exactly are the actors organizing them in Rwanda? How are the mass graves to be located, opened, and selected, and how are the exhumed victims identified? The question of the role of foreign forensic anthropologists in Rwanda since the genocide is particularly important. While the role Rémi Korman - 9781526125019 Downloaded from manchesterhive.com at 09/23/2021 05:19:53PM via free access 204 Rémi Korman of foreign specialists in the memorialization and commemoration of the genocide is relatively well known, the activity of forensic anthro- pologists remains less thoroughly documented.3 Some of them came to Rwanda in the context of the criminal investigations carried out by the International Criminal Tribunal for Rwanda (ICTR). -
Judgement and Sentence
UNITED NATIONS (~ NATION~cI~IES CRIH!.~ALREGISTRY RL :.~-I:VED InternationalCriminal Tribunal for R~u~. Tribunalp~nal international pour le Rw/thi~t~ -b A q: Sb TrialChamber I OR: FR. Before: JudgeLaity Kama, Presiding JudgeLennart Aspegren JudgeNavanethem Pillay Registrar: Mr. Agwu Okali Judgementof: 6 December1999 THE PROSECUTOR VERSUS GEORGES ANDERSON NDERUBUMWE RUTAGANDA Case No. ICTR-96-3-T JUDGEMENT AND SENTENCE TheOffice of theProsecutor: Ms.CarlaDel Ponte Mr.JamesStewart Mr.Udo HerbertGehring Ms.Holo Makwaia DefenceCounsel: Ms. TiphaineDickson UNITED NATIONS NATIONS UNIES ~ InternationalCriminal Tribunal for Rwanda Tribunalp~nal international pourle Rwanda TrialChamber I THE PROSECUTOR VERSUS GEORGES ANDERSON NDERUBUMWE RUTAGANDA Case No. ICTR-96-3-T JUDGEMENT AND SENTENCE CaseNo: ICTR-96-3-T TABLE OF CONTENTS 1. INTRODUCTION....................................................... 3 1.1 The InternationalTribunal ........................................... 3 1.2. The Indictment................................................... 4 1.3 ProceduralBackground ............................................ 11 1.4 EvidentiaryMatters ............................................... 14 1.5 The Accused..................................................... 18 2 THE APPLICABLELAW ................................................20 2.1Individual Criminal Responsibility ................................... 20 2.2Genocide (Article 2 of the Statute)................................... 24 2.3.Crimes against Humanity (Article 3 of theStatute) .....................