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Working with Rwanda Toward the Domestic Prosecution of Genocide Crimes

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Working with Rwanda Toward the Domestic Prosecution of Genocide Crimes Journal of Civil Rights and Economic Development Volume 12 Issue 2 Volume 12, Spring 1997, Issue 2 Article 5 Working with Rwanda Toward the Domestic Prosecution of Genocide Crimes Peter H. Sennett USMCR Gregory P. Noone JAGC, USN Follow this and additional works at: https://scholarship.law.stjohns.edu/jcred This Article is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in Journal of Civil Rights and Economic Development by an authorized editor of St. John's Law Scholarship Repository. For more information, please contact [email protected]. WORKING WITH RWANDA TOWARD THE DOMESTIC PROSECUTION OF GENOCIDE CRIMES MAJOR PETER H. SENNETT, USMCR* AND LIEUTENANT COM- MANDER GREGORY P. NOONE, JAGC, USN** This paper reflects the views and opinions of the authors only and is not intended to speak for the U. S. Marine Corps, the U. S. Navy, or the Department of Defense. This Commentary discusses the prosecution of the individuals accused of the genocide crimes that occurred in Rwanda during the summer of 1994.1 The primary focus of this Commentary will be an analysis of the efforts of Rwanda's government to affect do- mestic prosecution of genocide criminals, with some reference to the work of the International Tribunal.2 Part I provides, as a framework for our observations, a brief overview of the Interna- tional Training Detachment (ITD) program in Rwanda. Part II describes the goals of the ITD's latest trip, and examines the state of affairs in Rwanda during that time. Part III discusses the ITD's latest work regarding the domestic prosecution of genocide crimes in Rwanda. Finally, Part IV assesses the merits of the ITD's work * J.D., Syracuse University College of Law; M.P.A., Syracuse University Maxwell School of Citizenship & Public Affairs; B.A., SUNY Buffalo. Major Sennett is an attorney with the Law Office of R.J. Kasper, Jr. and Reserve Country Coordinator with International Train- ing Detachment, Newport, RI. He served full time with the ITD from August 1994 - De- cember 1996 and is the ITD team leader for all work done in Rwanda. ** J.D., Suffolk University School of Law; B.A. Villanova University. Lieutenant Com- mander Noone is a Country Coordinator with the International Training Detachment, Newport, RI. 1 See Madeline H. Morris, The Trials of ConcurrentJurisdiction: The Case of Rwanda, 7 DuKE J. CoMP. & INT'L L. 349, 353 (1997) (discussing overall destruction of Rwanda, as well as destruction of judicial structures); Mariann Meier Wang, The InternationalTribunal for Rwanda: Opportunitiesfor Clarification,Opportunities for Impact, 27 COLUM. HUM. RTS. L. REv. 177, 177 (1995) (estimating event resulted in loss of 500,000 lives and displacement of half country's population) (citing Guy VASSALL-ADAMs, RWANDA: AN AGENDA FOR INTERNA- TIONAL ACTION (1994)). 2 See Melissa Gordon, Justice on Trial: The Efficacy of the InternationalCriminal Tribu- nal for Rwanda, 1 ILSA J. IN'L & COMP. L. 217, 221 (1995) (discussing effectiveness of International Tribunal in prosecution of genocide crimes); Wang, supra note 1, at 218 (ad- dressing effectiveness of new law concerning "crimes against humanity," as opposed to "crimes of genocide"). 425 426 ST. JOHN'S JOURNAL OF LEGAL COMMENTARY [Vol. 12:425 and remarks on future challenges that Rwandan prosecutors will face. I. THE INTERNATIONAL TRAINING DETACHMENT The International Training Detachment is a military organiza- tion headquartered in Newport, Rhode Island.3 The ITD was cre- ated in 1990 in response to a congressional mandate for a program reflecting the United States' concern for human rights issues 4 in the military context. Intending to focus on the military, the United States State Department offered the administration of the program to the Department of Defense. The United States Navy took charge of the program and has been developing it ever since.5 The ITD began its work with four countries in 1991, and now is engaged in working relationships with sixty-two countries around the world.6 The ITD consists of a detachment staff made up of one lawyer from each of the uniformed services and two civilians.' There are also training teams, augmented with active duty and reserve military members, who each meet the needs of the partic- ular country the ITD may be visiting. Initially, the ITD works with each country in three phases. The first phase consists of a visit to a host country by a two member team which meets with key members of the government and gath- ers information to make an assessment of the needs of that na- tion.' In the second phase, the host country sends a delegation of 3 See Bruce T. Smith, Uncle Sam's Newest Recruits: A Look at the Three JAG Schools, Their Curricula, and Continuing Education Programs, 42-SEP FED. LAW. 22, 26 (1995) (outlining various educational JAG programs currently in force). 4 See, e.g., Jill C. Stroguiludis, The Refugee Act of 1980: An Empty Promise to Exploited Children, 29 J. MARsHALL L. REV. 995, 996 (1996) (explaining United States' concern for protecting children abroad for human rights abuses); Jeffrey B. Whalen, Does The Law of Human Rights Guide-Or Rationalize-United States Foreign Policy?, 79 AM. Soc'v INT'L L. PROC. 18, 27 (1985) (arguing that inclusion of protection of human rights is fundamental to foreign policy). See generally Dorothy Q. Thomas, Women's Human Rights: From Visibil- ity to Accountability, 69 ST. JOHN'S L. REV. 217, 217-18 (1995) (addressing increased recog- nition of human rights violations in last decade). 5 See Smith, supra note 3, at 23 (noting Navy is manager for joint-service, congressio- nally mandated Expanded International Military Education and Training Program, super- vised by ITD). 6 See id. at 26 (stating faculty sent to teach United States Constitution, civilian control of military, human rights, and American military justice in Ukraine, Romania, Czech Re- public, Balkans, Senegal, Sierra Leone, Zimbabwe, Bolivia, Columbia, India, Surinam, Chad and Poland). 7 See id. (explaining organization of ITD and make-up of its staff). 8 See id. (noting that ITD targets senior government leaders worldwide to benefit from programs). 19971 WORKING WITH RWANDA five to seven individuals to the United States for one week to sur- vey pertinent institutions and discuss with United States person- nel issues that are of importance to the delegation. During this second phase, the delegates help develop a curriculum for a one week seminar that the ITD team and host country's instructors will conduct in the delegates' country. The third phase is a semi- nar which is designed to reach an average of sixty participants.9 The seminar allows the host country's government to assemble a formidable number of executive level administrators at one time. The goal of the seminars were to implement the institutional changes that the host government desired. After the first three phases, each country developed its own pattern of involvement with the Detachment. While some countries have scheduled mul- tiple weeks of work in a fiscal year, others had maintained an an- nual pattern. The maintenance of a working relationship with each country was essential to the program and the ITD's efforts, regardless of the frequency of the visits. Despite being a military organization, the ITD sought and was permitted to work with civilians in every country. Regarded as essential to the success of the program, the ITD often brought ci- vilians into the program despite the objections of some host coun- try military members. 10 The Detachment attempted to involve participants from the executive, legislative, and judicial branches of each country to promote the broadest possible base from which to implement desired changes." Typical goals of the programs have been the implementation of a military justice system and the establishment of a law of war training program, to promote the military's protection of human rights.'2 In the spring of 1994, just weeks before the worst of the fighting broke out in Rwanda, 13 the ITD completed the third phase of the 9 See id. (explaining that ITD provides broad range of seminars and programs focused on rule of law and civilian control). 10 See id. (discussing how countries send their best attorneys to United States for im- mersion in military legal system and American culture). 11 See id. (noting foreign governments send their most qualified attorneys to United States for immersion into American governmental policies and cultural policies). 12 See generally id. at 25 (discussing goals and success of ITD in exporting American law and culture). 13 See Robert C. Johansen, Reforming The United Nations to Eliminate War, 4 TRANs- NAT'L L. & CONTEMP. PROBS. 455, 478 (1994) (arguing rapid deployment of international forces to Rwanda in April of 1994 may have saved tens of thousands of lives); see also Morris, supra note 1, at 350-51 (describing mass killings orchestrated by Rwandan govern- ment to avoid broadening of power). 428 ST. JOHN'S JOURNAL OF LEGAL COMMENTARY [Vol. 12:425 initial program in that nation. Many participants had great hopes for change,'1 4 in light of the fact that several Hutu and Tutsi lead- ers attended the seminar and discussed their differences regard- ing the future of the country. Unfortunately, that hope was mis- 15 placed and unimagined horrors followed. II. ITD's PARTICIPATION IN THE AFFAIRS OF RWANDA A. The Goals of the ITD Mission The ITD returned to Rwanda in the spring of 1996, after the country stabilized. 16 The country called upon the program to re- establish ties with the Rwandan government and military person- nel, who were tasked with prosecuting those individuals accused of committing atrocities during the summer of 1994.1 The pro- gram abandoned the initial request for it to work with military members in developing a human rights training program when the Rwandans were inundated with human rights training from other sources.' To paraphrase one Army Major, the Rwandans did not need to hear the definition of a war crime again; they knew that crimes were committed.
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