Rwanda: Country Assessment of Information & Policy Unit
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Middlesex University Research Repository an Open Access Repository Of
Middlesex University Research Repository An open access repository of Middlesex University research http://eprints.mdx.ac.uk Pohlod, Katarina (2017) United Nations Mechanism for International Criminal Tribunals: necessary or avoidable? An analysis of the different options for the residual functions of the ad hoc International Criminal Tribunals. PhD thesis, Middlesex University. Final accepted version (with author’s formatting) This version is available at: http://eprints.mdx.ac.uk/22756/ Copyright: Middlesex University Research Repository makes the University’s research available electronically. Copyright and moral rights to this work are retained by the author and/or other copyright owners unless otherwise stated. The work is supplied on the understanding that any use for commercial gain is strictly forbidden. A copy may be downloaded for personal, non-commercial, research or study without prior permission and without charge. Works, including theses and research projects, may not be reproduced in any format or medium, or extensive quotations taken from them, or their content changed in any way, without first obtaining permission in writing from the copyright holder(s). They may not be sold or exploited commercially in any format or medium without the prior written permission of the copyright holder(s). Full bibliographic details must be given when referring to, or quoting from full items including the author’s name, the title of the work, publication details where relevant (place, publisher, date), pag- ination, and for theses or dissertations the awarding institution, the degree type awarded, and the date of the award. If you believe that any material held in the repository infringes copyright law, please contact the Repository Team at Middlesex University via the following email address: [email protected] The item will be removed from the repository while any claim is being investigated. -
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. -
Judicial Independence in Rwanda Sam Rugege Supreme Court of Rwanda
Global Business & Development Law Journal Volume 19 Issue 2 Symposium Judicial Independence and Legal Article 6 Infrastructure: Essential Partners for Economic Development 1-1-2007 Judicial Independence in Rwanda Sam Rugege Supreme Court of Rwanda Follow this and additional works at: https://scholarlycommons.pacific.edu/globe Part of the International Law Commons Recommended Citation Sam Rugege, Judicial Independence in Rwanda, 19 Pac. McGeorge Global Bus. & Dev. L.J. 411 (2006). Available at: https://scholarlycommons.pacific.edu/globe/vol19/iss2/6 This Symposium is brought to you for free and open access by the Journals and Law Reviews at Scholarly Commons. It has been accepted for inclusion in Global Business & Development Law Journal by an authorized editor of Scholarly Commons. For more information, please contact [email protected]. Judicial Independence in Rwanda Sam Rugege* TABLE OF CONTENTS I. INTRO DUCTION ............................................................................................. 4 11 A. Institutional Independence .................................................................... 412 B. PersonalIndependence ......................................................................... 413 II. THE RELATIONSHIP BETWEEN JUDICIAL INDEPENDENCE AND ECONOMIC DEVELOPMENT .................................................................. 414 III. THE CONSTITUTIONAL AND LEGAL FRAMEWORK FOR JUDICIAL INDEPENDENCE IN RWANDA ........................................................................ 416 IV. MEASURES TO PROMOTE -
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. -
Denying Genocide Or Denying Free Speech? a Case Study of the Application of Rwanda’S Genocide Denial Laws Yakaré-Oulé (Nani) Jansen
Northwestern Journal of International Human Rights Volume 12 | Issue 2 Article 3 Spring 2014 Denying Genocide or Denying Free Speech? A Case Study of the Application of Rwanda’s Genocide Denial Laws Yakaré-Oulé (Nani) Jansen Follow this and additional works at: http://scholarlycommons.law.northwestern.edu/njihr Part of the Human Rights Law Commons, and the International Law Commons Recommended Citation Yakaré-Oulé (Nani) Jansen, Denying Genocide or Denying Free Speech? A Case Study of the Application of Rwanda’s Genocide Denial Laws, 12 Nw. J. Int'l Hum. Rts. 191 (2014). http://scholarlycommons.law.northwestern.edu/njihr/vol12/iss2/3 This Article is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Northwestern Journal of International Human Rights by an authorized administrator of Northwestern University School of Law Scholarly Commons. Vol. 12:2] Yakaré-Oulé Jansen Denying Genocide or Denying Free Speech? A Case Study of the Application of Rwanda’s Genocide Denial Laws Yakaré-Oulé (Nani) Jansen * I. INTRODUCTION ¶1 Rwanda is widely considered a poster child for post conflict development. Since the 1994 genocide, in which an estimated 800,000 people lost their lives, 1 the country has gone through a rapid process of socio-economic development. In the last 10 years, Rwanda’s GDP growth has averaged 7.4 %, nearly double the regional average. 2 Rwanda is the only country in Sub-Saharan Africa that is on track to meet its health related millennium development goals 3 and the only country in the world where women hold a majority of seats in the national legislature. -
ICC Legal Tools
Trial Chamber II Before: Judge Florence Rita Arrey, Presiding Emile Francis Short Robert Fremr Registrar: Adama Dieng Date: 20 April 2011 THE PROSECUTOR v. • Jean-Bosco UWINKINDI Case No. ICTR-200l-75-Rule 11 bis PROSECUTOR'S CONSOLIDATED RESPONSE TO: (1) Defence Response to the Prosecutor's Request for the Referral ofthe case of Jean Uwinkindi to Rwanda Pursuant to Rule 11 bis ofthe Rules of Procedure and Evidence; (2) Amicus Curiae Briefof Human Rights Watch in opposition to Rule 11 bis Transfer; (3) Amicus Curiae Brief ofthe International Association of Democratic Lawyers (IADL) Pursuant to Rule 74 (Rules of Procedure and Evidence); and (4) International Criminal Defence Attorneys Association (ICDAA) Amicus Curiae Brief • The Prosecution The Defence Hassan Bubacar Jallow Claver Sindayigaya James J. Arguin lain Edwards George Mugwanya Bettina Spilker Inneke Onsea Abdoulaye Seye Francois Nsanzuwera • TABLE OF CONTENTS INTRODUCTION 1 SUBMISSIONS 3 A. Double jeopardy principles are inapplicable because the Accused's Gacaca Court convictions were vacated in deference to the Tribunal's superior jurisdiction 3 B. Referral pursuant to Rule 11 bis requires a Trial Chamber to be satisfied that the Accused will receive a fair trial in the national jurisdiction; this standard is necessarily prospective and, as such, based on probabilities, not certainties 6 C. Rwanda's judiciary is independent and fully capable of securing the Accused's right to a fair trial, including his right to the • presumption of innocence 8 1. Defence allegations of judicial corruption are wildly exaggerated.....9 a. The Defence distorts the Ombudsman's 2008 Report 9 b. The Defence twists Chief Justice Cyanzayire's statement 11 n. -
Prosecutor V. Rugambarara, Case No. ICTR-00-59-T, Sentence
International Criminal Tribunal for Rwanda Tribunal pénal international pour le Rwanda OR: ENG TRIAL CHAMBER II Before: Judge Asoka de Silva, Presiding Judge Taghrid Hikmet Judge Seon Ki Park Registrar: Mr. Adama Dieng Date: 16 November 2007 The PROSECUTOR v. Juvénal RUGAMBARARA Case No. ICTR-00-59-T Sentencing Judgement Office of the Prosecutor Mr. Charles Adeogun-Phillips Mr. Peter Tafah Ms. Memory Maposa Counsel for the Defence Mr. Maroufa Diabira Mr. Boubou Diabira I. Introduction 1. Juvénal Rugambarara was born in 1959 in Bumba secteur, Tare commune, Kigali- Rural préfecture.1 He lived most of his adult life in Bicumbi commune, where he worked as a medical officer.2 He was appointed bourgmestre of Bicumbi commune, Kigali-Rural préfecture on 4 August 1993, having succeeded Laurent Semanza.3 Juvénal Rugambarara served as the bourgmestre of Bicumbi commune from 16 September 1993 until 20 April 1994.4 2. The Indictment against Rugambarara, containing nine counts, was confirmed on 13 July 2000 by Judge Pavel Dolenc.5 He was charged with genocide, complicity in genocide, conspiracy to commit genocide, direct and public incitement to commit genocide, extermination, torture and rape as crimes against humanity and serious violations of common Article 3 of the Geneva Conventions of 12 August 1949, pursuant to Articles 2, 3, 4 and Articles 6(1) and 6(3) of the Statute of the Tribunal (the “Statute”).6 On 14 July 2000, Judge Pavel Dolenc issued the first warrant of arrest and order for the transfer and detention of Rugambarara.7 On 11 August 2003, Rugambarara was arrested in Uganda8 and on 13 August 2003 transferred to the Tribunal. -
Bilateral Mission to Ethiopia and Rwanda -- Addis Ababa, Ethiopia
Report of the Canadian Parliamentary Delegation regarding its participation at the Bilateral Mission to the Federal Democratic Republic of Ethiopia and the Republic of Rwanda Canada-Africa Parliamentary Association Addis Ababa, Ethiopia and Kigali, Rwanda March 10 to 16, 2019 REPORT BILATERAL MISSION TO ETHIOPIA AND RWANDA The Canada-Africa Parliamentary Association (the Association) conducted bilateral visits to Addis Ababa, Ethiopia, and Kigali, Rwanda, from 10 to 16 March 2019. The delegation was led by the Association’s Co-Chairs, the Honourable Senator Raynell Andreychuk and Robert Oliphant, M.P., and included the Honourable Senator Jim Munson, the Honourable Senator René Cormier, Pam Damoff, M.P., Greg Fergus, M.P., and Ramez Ayoub, M.P. The delegation was accompanied by Grant McLaughlin, Association Secretary, and Brian Hermon and Offah Obale, Association Advisors. MISSION OBJECTIVES This was the Association’s second bilateral mission to Ethiopia and Rwanda, following initial visits to these countries in 2011 and 2008, respectively. In Ethiopia, the Association’s objectives were the following: · to follow-up on its 2011 mission and to strengthen bilateral relations and parliamentary cooperation; · to engage with parliamentarians on issues related to multi-party democracy, governance, human rights, and the rule of law; · to meet with government officials to further the Association’s understanding of the political and economic reforms being undertaken in the country; · to discuss regional security, including the situations in neighbouring Somalia, Kenya and South Sudan; · to hear about progress toward the implementation of the Ethiopia-Eritrea joint declaration of peace; · to meet with officials at the African Union (AU) to hear about the work of the AU, including with respect to human rights, peace and security, and regional economic integration; · to engage with civil society organizations on issues related to human rights, freedom of the press, and the rule of law; and · to learn about Canada’s development and humanitarian support for Ethiopia. -
English and French with a Summary Lic and Private Spheres
Public Disclosure Authorized BETTER REGULATION FOR GROWTH Public Disclosure Authorized GOVERNANCE FRAMEWORKS AND TOOLS FOR EFFECTIVE REGULATORY REFORM REGULATORY CAPACITY REVIEW OF RWANDA Public Disclosure Authorized INVESTMENT CLIMATE ADVISORY SERVICES WORLD BANK GROUP Public Disclosure Authorized WWB207_RCRR.inddB207_RCRR.indd i 55/19/10/19/10 111:30:021:30:02 PPMM ©2010 The World Bank Group 1818 H Street NW Washington DC 20433 Telephone: 202-473-1000 Internet: www.worldbank.org All rights reserved Rights and Permissions The material in this publication is copyrighted. Copying and/or transmitting portions or all of this work without permission may be a violation of applicable law. The World Bank encourages dissemination of its work and will normally grant permission to repro- duce portions of the work promptly. For permission to photocopy or reprint any part of this work, please send a request with complete information to the Copyright Clearance Center Inc., 222 Rosewood Drive, Danvers, MA 01923, USA; telephone: 978-750-8400; fax: 978-750-4470; Internet: www.copyright.com. All other queries on rights and licenses, including subsidiary rights, should be addressed to the Offi ce of the Publisher, The World Bank Group, 1818 H Street NW, Washington, DC 20433, USA; fax: 202-522-2422; e-mail: [email protected]. About the Investment Climate Advisory Services of the World Bank Group The Investment Climate Advisory Services (IC) of the World Bank Group helps governments implement reforms to improve their business environment, and encourage and retain investment, thus fostering competitive markets, growth and job creation. Funding is provided by the World Bank Group (IFC, MIGA, and the World Bank) and over 15 donor partners working through the multi- donor FIAS platform. -
Prosecutor V. Ndindabahizi, Case No. ICTR-2001-71-I, Judgment And
International Criminal Tribunal for Rwanda Tribunal pénal international pour le Rwanda UNITED NATIONS NATIONS UNIES Or.: Eng. TRIAL CHAMBER I Before: Judge Erik Møse, presiding Judge Khalida Rachid Khan Judge Solomy Balungi Bossa Registrar: Adama Dieng Date: 15 July 2004 THE PROSECUTOR v. EMMANUEL NDINDABAHIZI Case No. : ICTR-2001-71-I JUDGEMENT AND SENTENCE The Prosecution Charles Adeogun-Phillips Wallace Kapaya Peter Tafah The Defence Pascal Besnier Guillaume Marçais Prosecutor v. Ndindabahizi, Case No. ICTR-2001-71-I TABLE OF CONTENTS CHAPTER I INTRODUCTION 1. The Tribunal and its Jurisdiction 2. The Accused 3. The Indictment 4. Procedural History 5. Evidentiary Matters CHAPTER II FACTUAL FINDINGS 1. Introduction 2. Notice: Vagueness and Errors in the Indictment 3. General Issues 3.1 Introduction 3.2 Position of the Accused in Interim Government, April-July 1994 3.3 Participation of the Accused in Meeting of 3 May 1994, Kibuye 3.4 Forced Resignation of Witness GKH, June 1994 3.5 Fabrication of Evidence and Collusion Amongst Witnesses 4. Actions of the Accused at Gitwa Hill, April 1994 4.1 Introduction 4.2 Distribution of Weapons, Incitement and Participation in Attack, mid-April 4.3 Distribution of Weapons and Incitement, 23 April 4.4 Distribution of Weapons and Incitement, 24 April 4.5 Absence of the Accused from Gitwa Hill 4.6 Alibi 4.7 Factual Findings 5. Incitement By the Accused at Meeting With Bourgmestre of Gitesi Commune, April or May 1994 6. Actions of the Accused at Three Roadblocks in Gitesi Commune, May 1994 6.1 Distribution of Weapons and Incitement at Gaseke Roadblock, Late May 6.2 Distribution of Weapons and Incitement at Faye Roadblock, Late May 6.3 Distribution of Weapons and Incitement at Nyabahanga Bridge Roadblock, Late May 6.4 Alibi 7. -
RWANDA COUNTRY ASSESSMENT October 2003 Country Information
RWANDA COUNTRY ASSESSMENT October 2003 Country Information & Policy Unit IMMIGRATION & NATIONALITY DIRECTORATE HOME OFFICE, UNITED KINGDOM RWANDA OCTOBER 2003 CONTENTS 1. Scope of Document 1.1 – 1.4 2. Geography 2.1 – 2.2 3. Economy 3.1 – 3.2 4. History Summary of events since independence 4.1 – 4.2 Outbreak of Civil War 4.3 – 4.4 Genocide of 1994 4.5 – 4.7 RPF takes power 4.8 – 4.22 2003 Presidential Elections 4.23 – 4.29 5. State Structures Constitution 5.1 – 5.3 Citizenship and Nationality 5.4 – 5.6 Political system 5.7 – 5.14 Formation of new parties 5.15 – 5.16 Local elections 5.17 – 5.20 Judiciary 5.21 – 5.22 Anti-corruption commission 5.23 Genocide trials 5.24 – 5.30 Gacaca system 5.31 – 5.40 Legal Rights/Detention 5.41 – 5.44 Death Penalty 5.45 Genocide suspects 5.46 – 5.47 Gisovu project 5.48 Penalties under Gacaca system 5.49 Local and international reaction to Gacaca 5.50 – 5.52 Internal Security 5.53 Rwandan Defence Force 5.54 – 5.57 Rwandan National Police 5.58 – 5.60 Local Defence Force 5.61 – 5.63 Directorate of Military Intelligence 5.64 Prisons and prison conditions 5.65 – 5.71 Cachots 5.72 Military Service 5.73 – 5.74 Conscientious Objectors and Deserters 5.75 Medical Services 5.76 – 5.80 Mental Health 5.81 HIV/AIDS 5.82 – 5.89 People with disabilities 5.90 Educational System 5.91 – 5.94 6. Human Rights 6A. Human Rights issues Overview 6.1 – 6.6 Torture 6.7 – 6.8 Extrajudicial Killings 6.9 – 6.11 Disappearances 6.12 – 6.13 Abuses by Rebel groups 6.14 – 6.16 Human Rights Organisations 6.17 – 6.18 Freedom of Speech and -
Genocide, War Crimes and Crimes Against Humanity
Genocide, War Crimes and Crimes Against Humanity A Digest of the Case Law of the International Criminal Tribunal for Rwanda Copyright © 2010 Human Rights Watch All rights reserved. Printed in the United States of America ISBN: 1-56432-586-5 Cover design by Rafael Jimenez Human Rights Watch 350 Fifth Avenue, 34th floor New York, NY 10118-3299 USA Tel: +1 212 290 4700, Fax: +1 212 736 1300 [email protected] Poststraße 4-5 10178 Berlin, Germany Tel: +49 30 2593 06-10, Fax: +49 30 2593 0629 [email protected] Avenue des Gaulois, 7 1040 Brussels, Belgium Tel: + 32 (2) 732 2009, Fax: + 32 (2) 732 0471 [email protected] 64-66 Rue de Lausanne 1202 Geneva, Switzerland Tel: +41 22 738 0481, Fax: +41 22 738 1791 [email protected] 2-12 Pentonville Road, 2nd Floor London N1 9HF, UK Tel: +44 20 7713 1995, Fax: +44 20 7713 1800 [email protected] 27 Rue de Lisbonne 75008 Paris, France Tel: +33 (1)43 59 55 35, Fax: +33 (1) 43 59 55 22 [email protected] 1630 Connecticut Avenue, N.W., Suite 500 Washington, DC 20009 USA Tel: +1 202 612 4321, Fax: +1 202 612 4333 [email protected] Web Site Address: http://www.hrw.org ii GENOCIDE, WAR CRIMES AND CRIMES AGAINST HUMANITY: A DIGEST OF THE CASE LAW OF THE INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA ACKNOWLEDGEMENTS ................................................................................... iv DEDICATION ....................................................................................................... v FOREWORD ......................................................................................................... vi SUMMARY TABLE OF CONTENTS ............................................................... vii FULL TABLE OF CONTENTS ......................................................................... ix SUMMARY OF JUDGMENTS AGAINST THE ACCUSED .............................. 1 LISTING OF CASES INCLUDED ..................................................................... 12 TOPICAL DIGEST .............................................................................................