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The Rwandan Genocide: Could It Have Been Prevented? Written by Yam Prasad Chaulagain The Rwandan Genocide: Could it Have Been Prevented? Written by Yam Prasad Chaulagain This PDF is auto-generated for reference only. As such, it may contain some conversion errors and/or missing information. For all formal use please refer to the official version on the website, as linked below. The Rwandan Genocide: Could it Have Been Prevented? https://www.e-ir.info/2011/08/03/the-rwandan-genocide-could-it-have-been-prevented-2/ YAM PRASAD CHAULAGAIN, AUG 3 2011 An Overview of Genocide Mass murder has occurred since the very beginning of human civilization. From the 19th century onward, the quests of religious and political leaders, in the effort of ideological and territorial expansion, escalated conflicts among sovereign nations, and the devastating cruelty seen during those conflicts has even continued today. The worldwide community has not prevented the actions taken by the leaders of sovereign nations against groups within their nation’s borders, nor has mass murder been stopped when national leaders invade other states and take steps to round up, isolate, and then exterminate targeted groups.[1] In fact, this historical reality of the entire world has been seen throughout history. The field of genocide study is relatively new. The term “genocide” was coined only in 1944 by Raphael Lemkin, a Polish-Jewish lawyer, when describing the Nazi party’s policies of systematic murder. The term “genocide” originates from the Greek word geno which means race or tribe, and from the Latin word cide which means killing. It refers to a planned, systematic, and deliberate destruction of a particular cultural, ethnic, political, religious, or racial group. According to Raphael, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by the mass killing of all members of a nation. Rather, it is intended to signify a coordinated plan of different actions aimed at the destruction of the essential foundation of the life of national groups, with the goal of annihilating the group themselves.[2] In 1945, the International Military Tribunal held in Nuremberg, Germany, charged Hitler’s Nazi party with crimes against humanity. They included the term “genocide” in their accusations with a descriptive purview rather than a legal one. The Holocaust period of 1941 to 1945 was primarily responsible for the formation of the term “genocide.”[3] In 1948, in the aftermath of the Holocaust, the United Nations General Assembly passed a law declaring that genocide was illegal, and clearly defined the term in the interest of eliminating confusion. More than 130 nations have ratified the Genocide Convention and over 70 nations have made provisions for the punishment of genocide in domestic criminal law, and the Convention entered into force on January 12th, 1951. Since then, several government leaders have been prosecuted for genocide, and several instances of genocide have been identified and addressed.[4] The text of Article 2 of the Genocide Convention was included as a crime in Article 6 of the 1998 Rome Statute of the International Criminal Court (ICC).[5] The Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG), in its Article 2, which was also inducted into the national criminal legislation of many countries, defines genocide 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 conditions of life calculated to bring about its physical destruction in whole or in part; Imposing measures intended to prevent births within the group; Forcibly transferring children of the group to another group. E-International Relations ISSN 2053-8626 Page 1/12 The Rwandan Genocide: Could it Have Been Prevented? Written by Yam Prasad Chaulagain Nevertheless, critics of the CPPCG argue that the definition of genocide is restrictive and does not take into account a broader perspective. For example, what precisely does the term in part mean? The exclusion of political groups and politically motivated violence from the international definition of genocide is particularly controversial. Others argue that the reason for the exclusion is because U.N. member nations insisted on it when the Genocide Convention was being drafted in 1948. International law should not seek to regulate or limit political conflicts, as that would give the U.N. too much power to interfere in the international affairs of sovereign nations.[6] In the years since, critics have argued that the exclusion of political groups from the definition, as well as the lack of a specific reference to the destruction of a social group through the forcible removal of a population, was designed to protect the Soviet Union and Western Allies from possible accusations of genocide in the wake of World War II.[7] The twentieth century has been called “The Age of Genocide.” In the aftermath of the Holocaust, the slogan “never again” was coined[8] as a challenge to the world to put an end to genocide and hate crimes. Unfortunately, it was “never again,” but genocide continued to happen and is still happening in different parts of the world. Numerous examples of genocide can be found throughout history; some notable 20th century genocides occurred under the Nazis during the Holocaust, in Bosnia under Slobodan Milosevic, and in the African regions of Rwanda and Darfur. Collectively, the international community agrees that genocide is a heinous act, and several attempts have been made to intervene in obvious genocides. Some other examples of genocide include the mass extermination of Christian Armenians in Turkey in the early part of the 20th century, the forced labor marches and camps of Stalin’s Russia, and the infamous Rape of Nanjing that was perpetrated by Japanese forces in the early stages of the Second World War. International Legal Provisions against Genocide As described above, a significant legal step toward the prevention of genocide was initiated with the completion of “The Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG)” in 1948. The Convention distinguishes between the basic prohibition of genocide and conduct ancillary to genocide, such as incitement, conspiracy, and so on (defined in Articles II and III), and the question of prevention and punishment (addressed in Articles I, IV, V, and VI). Persons who have committed genocide (whether or not they are State officials) are to be punished. The State is under an obligation to not only enact laws prohibiting genocide (Article V), but also to prevent and punish actual violations occurring within its territory.[9] Nevertheless, only a handful of individuals were held accountable for genocide in the decades following 1951, when the Convention came into effect. Few and far between, these trials were held by national courts, which often used national adaptations of the international law of genocide.[10] In the 1990s, after the end of the Cold War, the world witnessed the emergence of Ad-hoc tribunals in the form of the International Criminal Tribunal for the former Yugoslavia and for Rwanda. In 1993, in response to massive atrocities in Croatia and Bosnia-Herzegovina, the United Nations Security Council created the International Criminal Tribunal for the Former Yugoslavia (ICTY). It was the first international criminal tribunal since Nuremberg and the first ever mandated to prosecute the crime of genocide. A year later, in response to devastating violence in Rwanda, the Security Council established the International Criminal Tribunal for Rwanda (ICTR).[11] However, the legality of the creation of these Tribunals was questioned on many grounds, such as whether the Security Council was mandated by the framers of the charter to create a tribunal.[12] However, both tribunals have contributed detail, nuance, and precedent to the application of the law of genocide. The ICTY and ICTR were established to try crimes committed only within a specific time frame and during a specific conflict. There was general agreement that an independent, permanent criminal court was needed. Consequently, in 1998, the Rome Statue of the International Criminal Court (ICC) established the first permanent international criminal court. The Rome statute entered into force on July 1, 2002, after ratification by 60 countries. The Court has jurisdiction over the most serious crimes of concern to the international community, including genocide. The court tries persons accused of the most serious crimes of international concern, namely genocide, crimes against humanity, and war crimes,[13] and is a treaty-based court. The definition of genocide in the Rome Statute is taken from the 1948 Convention, and, like the 1948 Convention, the Rome Statute provides that official status does not exempt individuals from criminal responsibility.[14] E-International Relations ISSN 2053-8626 Page 2/12 The Rwandan Genocide: Could it Have Been Prevented? Written by Yam Prasad Chaulagain To date, the Court has opened investigations into six situations: the Democratic Republic of the Congo, Uganda, the Central African Republic, Darfur in Sudan, the Republic of Kenya, and the Libyan Arab Jamahiriya.[15] The office of the Prosecutor is conducting examinations in Afghanistan, Colombia, Cote d’ivoire, Georgia, Honduras, Nigeria, the Republic of Korea, Guinea, and Palestine.[16] It has issued 15 warrants of arrest
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