Confidential Annex B
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
General Assembly Security Council
United Nations A/70/218–S/2015/577 General Assembly Distr.: General 31 July 2015 Security Council Original: English General Assembly Security Council Seventieth session Seventieth year Item 77 of the provisional agenda* Report of the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violations Committed in the Territory of Neighbouring States between 1 January and 31 December 1994 Report of the International Criminal Tribunal for Rwanda Note by the Secretary-General The Secretary-General has the honour to transmit to the members of the General Assembly and to the members of the Security Council the twentieth annual report of the International Criminal Tribunal for Rwanda, submitted by the President of the International Tribunal for Rwanda in accordance with article 32 of its statute (see Security Council resolution 955 (1994), annex), which states: “The President of the International Tribunal for Rwanda shall submit an annual report of the International Tribunal for Rwanda to the Security Council and to the General Assembly.” * A/70/150. 15-12744 (E) 240815 *1512744* A/70/218 S/2015/577 Letter of transmittal 31 July 2015 I have the honour to submit the twentieth annual report of the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violations Committed in the Territory of Neighbouring States between 1 January and 31 December 1994, dated 31 July 2015, to the General Assembly and the Security Council, pursuant to article 32 of the statute of the International Tribunal. -
Icls-Training-Materials-Sec-6-Genocide
International Criminal Law 1. Introduction & Practice Training Materials 2. What is ICL? 3. General Principles 4. International Courts Genocide 5. Domestic Application 6. Genocide Supporting the Transfer of Knowledge and Materials of War Crimes Cases from the ICTY to National 7. Crimes Against Humanity Jurisdictions, funded by the European Union 8. War Crimes Developed by International Criminal Law Services 9. Modes of Liability 10. Superior Responsibility 11. Defences 12. Procedure & Evidence 13. Sentencing 14. Victims & Witnesses 15. MLA & Cooperation Project funded by the EU Implemented by: MODULE 6: GENOCIDE Part of the OSCE-ODIHR/ICTY/UNICRI Project “Supporting the Transfer of Knowledge and Materials of War Crimes Cases from the ICTY to National Jurisdictions” Developed by International Criminal Law Services i The designations employed and the presentation of the material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations, the ICTY, the OSCE-ODIHR or ICLS concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. Copyright © ICLS – OSCE-ODIHR ii CONTENTS 6. Genocide ............................................................................................................................... 1 6.1. Introduction for trainers ....................................................................................................... 1 6.1.1. Module description ......................................................................................................... -
Genocide in Rwanda: the Search for Justice 15 Years On
Genocide in Rwanda: The search for justice 15 years on. An overview of the horrific 100 days of violence, the events leading to them and the ongoing search for justice after 15 years. 6 April 2009 | The Hague On the fifteenth anniversary of the plane crash killing former President Habyarimana which sparked one-hundred days of Genocide in Rwanda slaughtering over 800,000 Tutsis and moderate Hutus, the Hague Justice Portal reflects on some of the important decisions, notable cases and remaining gaps in the ICTR’s ongoing search for justice. On 8 November 1994, seven months after the passenger plane carrying President Juvénil Habyarimana was shot out of the sky on the evening of April 6 1994 triggering Genocide in the little-known central African state of Rwanda, the United Nations Security Council adopted Resolution 955 (1994) establishing the International Criminal Tribunal for Rwanda (ICTR). The tribunal is mandated to prosecute “persons responsible for genocide and other serious violations of international humanitarian law”1, with its inaugural trial commencing on January 9 1997. According to Trial Chamber I, delivering its Judgment in this first case against a suspected génocidaire, “there is no doubt that considering their undeniable scale, their systematic nature and their atrociousness” the events of the 100 days subsequent to April 6, “were aimed at exterminating the group that was targeted.”2 Indeed, given the nature and extent of the violence between April and July 1994, it is unsurprising that the ICTR has been confronted with genocide charges in nearly every case before it. Within hours of the attack on the President’s plane roadblocks had sprung up throughout Kigali and the killings began; the Hutu Power radio station, RTLM, rife with conspiracy, goading listeners with anti-Tutsi propaganda. -
Rwanda Timeline
Rwanda Profile and Timeline 1300s - Tutsis migrate into what is now Rwanda, which was already inhabited by the Twa and Hutu peoples. [Hutus are farmers and make up > 80% of the population / Twa are the smallest group and by trade hunters and gatherers / Tutsi > 10% of the population are pastoralists] 1600s - Tutsi King Ruganzu Ndori subdues central Rwanda and outlying Hutu areas. Late 1800s - Tutsi King Kigeri Rwabugiri establishes a unified state with a centralized military structure. 1858 - British explorer Hanning Speke is the first European to visit the area. 1890 - Rwanda becomes part of German East Africa. 1916 - Belgian forces occupy Rwanda. 1923 - Belgium granted League of Nations mandate to govern Ruanda-Urundi, which it ruled indirectly through Tutsi kings. 1946 - Ruanda-Urundi becomes UN trust territory governed by Belgium. Independence 1957 - Hutus issue manifesto calling for a change in Rwanda's power structure to give them a voice commensurate with their numbers; Hutu political parties formed. 1959 - Tutsi King Kigeri V, together with tens of thousands of Tutsis, forced into exile in Uganda following inter-ethnic violence. 1961 - Rwanda proclaimed a republic. 1962 - Rwanda becomes independent with a Hutu, Gregoire Kayibanda, as president; many Tutsis leave the country. Hutu Gregoire Kayibanda was independent Rwanda's first President 1963 - Some 20,000 Tutsis killed following an incursion by Tutsi rebels based in Burundi. 1973 - President Gregoire Kayibanda ousted in military coup led by Juvenal Habyarimana. 1978 - New constitution ratified; Habyarimana elected president. 1988 - Some 50,000 Hutu refugees flee to Rwanda from Burundi following ethnic violence there. 1990 - Forces of the rebel, mainly Tutsi, Rwandan Patriotic Front (RPF) invade Rwanda from Uganda. -
Social Media and Accountability in the Cases Concerning Core Crimes
157 Social Media and Accountability in the Cases Concerning Core Crimes sWaPnil sharMa* Abstract: In these last years a dramatical increase in the use of cyber space has led to an important change also in criminal activities, emphasizing the weaknesses of actual legal frameworks in facing modern crime issues. Crime in the digital era can be more advanced due to technological in- struments, moreover the modern world assists to the exponential growth of new types of crimes such as the evolving cybercriminality. With a par- ticular regard to the Rome Statute and the International Criminal Court work, the issue which is discussed in this paper is whether the present legal structure is sufficiently efficient to deal with the problems pertai- ning to cyberspace, or whether new and updated laws and jurisprudence are needed. This research is supplemented by a case study examining the potential legal aspects of a situation where the ICC may have to deal with a case of multilayered crime. In the end, the public element of incitement is examined with reference to genocide, analyzing the effects of practical application of place factor and medium factors in the social media era. Keywords: Cybercrime, Rome Statute, International criminal justice, Ac- countability, Social Media. Table of contents: 1. Introduction. – 2. Understanding Cyber Jurisprudence. – 2.1. Deriving the Definition of Cyber Jurisprudence. – 3. Framework of International Criminal Justice System and its Efficiency in the Context of Technological Deve- lopment. – 3.1. The International Criminal Laws and the Jurisdictional Challenge. – 3.2. Jurisdiction and Article 12 of the Rome Statute. – 3.3. -
Judgement and Sentence
International Criminal Tribunal for Rwanda Tribunal pénal international pour le Rwanda UNITED NATIONS NATIONS UNIES ORIGINAL: ENGLISH TRIAL CHAMBER III Before: Judge Solomy Balungi Bossa, Presiding Judge Bakhtiyar Tuzmukhamedov Judge Mparany Rajohnson Registrar: Adama Dieng Date: 31 May 2012 THE PROSECUTOR v. Callixte NZABONIMANA Case No. ICTR-98-44D-T JUDGEMENT AND SENTENCE Office of the Prosecutor Defence Counsel Hassan Bubacar Jallow Vincent Courcelle-Labrousse Paul Ng’arua Philippe Larochelle Memory Maposa Simba Mawere Mary Diana Karanja Alison McFarlane Prosecutor v. Nzabonimana, Case No. ICTR-98-44D-T Table of Contents CHAPTER I: INTRODUCTION ............................................................................................................................... 1 1.1 Overview of the Case .................................................................................................................................... 1 1.2 The Accused ................................................................................................................................................. 1 1.3 Summary of the Procedural History ............................................................................................................. 2 CHAPTER II: PRELIMINARY ISSUES .................................................................................................................. 4 2.1 Indictment .................................................................................................................................................... -
The 1994 Case of Rwanda
Ivan Krivoushin THE GENOCIDAL MENTALITY: THE 1994 CASE OF RWANDA Working Paper WP18/2014/01 Series WP18 Human rights in the contemporary world Moscow 2014 УДК 327 ББК 66.4 К83 Editor of the Series WP18 “Human rights in the contemporary world” Alexey Ryabinin К83 Krivoushin, Ivan V. The genocidal mentality: the 1994 case of Rwanda [Text]: Working pa- per WP18/2014/01 / I. V. Krivoushin ; Nat. Res. Univ. Higher School of Economics. – Moscow: Higher School of Economics Publ. House, 2014. – (Series WP18 “Human rights in the contemporary world”). – 24 р. – 50 copies. This paper analyses the problem of socio-cultural causes of mass violence in contemporary Afri- can societies using the example of the 1994 Rwandan genocide. The author tries to identify the basic characteristics of the mentality of the perpetrators of the genocide, their logic and ways to justify their participation. The case of Rwanda shows how the lack of legal consciousness or awareness and a specifi c «culture of violence», that had deep historical roots, result in the extreme hatred between the two major Rwandan identify communities of Hutus and Tutsis and how the instrumentalization of violence by political leaders and the propaganda of fear and hostility unleashes a chain reaction that is impossible to stop and that leads to total violation of globally accepted standards of human rights ethics and to the most intense genocide in the history of mankind. УДК 327 ББК 66.4 Key words: violence, genocide, Rwanda, Hutus, Tutsis Krivoushin Ivan – Professor, National Research University Higher School of Economics (Moscow); E-mail: [email protected]. -
Press Clippings
SPECIAL COURT FOR SIERRA LEONE OUTREACH AND PUBLIC AFFAIRS OFFICE The abandoned ‘thoroughfare’ of the SCSL. PRESS CLIPPINGS Enclosed are clippings of local and international press on the Special Court and related issues obtained by the Outreach and Public Affairs Office as at: Friday, 8 April 2011 Press clips are produced Monday through Friday. Any omission, comment or suggestion, please contact Martin Royston-Wright Ext 7217 2 International News Coming Back From the Brink in Sierra Leone: A Case of Selective Amnesia / Cocorioko Pages 3-4 The Psychology of War / PRNewswire Pages 5-6 ICC Judges Act on Basis of Evidence, Says ICTR spokesman / The Standard Page 7 Uhuru, Muthaura, Ali to Appear at ICC / Kenya Broadcasting Corporation Pages 8-9 International Criminal Court Judge Warns Kenyan Suspects on Incitement / United Nations Mews Page 10 Preventing Genocide Only Real Way to Honour Rwandan Victims – Ban / United Nations News Page 11 Defence of Former Minister Nzabonimana "Officially" Closed / Hirondelle News Agency Page 12 3 Cocorioko Friday, 8 April 2011 Coming back from the brink in Sierra Leone: A Case of Selective Amnesia By Karamoh Kabba Former President Ahmad Tejan Kabbah of Sierra Leone has written a beautifully bound 359-page volume entitled Coming Back from the Brink in Sierra Leone, a must read for every Sierra Leonean alive for obvious reasons. For once, President Kabbah can now be credited for modesty with words. For those who are old enough to go down memory lane with me, he had actually plunged on the jagged edge. He is phoenix – he is rising up from the ashes. -
The Prosecutor V. Simon Bikindi, Case No. ICTR-01-72-T Judgement and Sentence – 2 December 2008
The Prosecutor v. Simon Bikindi, Case No. ICTR-01-72-T Judgement and Sentence – 2 December 2008 1. Trial Chamber III will now render its judgement in the case of The Prosecutor v. Simon Bikindi. The Chamber will read out a summary of the Judgement. The written judgement is the authoritative version and will be distributed after this hearing. 2. Simon Bikindi is a Rwandan citizen born on 28 September 1954 in Rwerere commune, Gisenyi prefecture, Rwanda. In 1994, he was a famous composer and singer and was working at the Ministry of Youth and Association Movements of the Rwandan Government. On the basis of an Indictment confirmed on 5 July 2001 and the related orders for arrest and transfer, he was arrested in The Netherlands on 12 July 2001 and transferred to the Tribunal on 27 March 2002. His trial commenced on 18 September 2006 and closed on 7 November 2007, with a site visit in April 2008, followed by the closing arguments in May 2008. 3. Simon Bikindi is charged with six counts pursuant to Articles 2, 3 and 6(1) and (3) of the Statute of the Tribunal: conspiracy to commit genocide; genocide or alternatively complicity in genocide; direct and public incitement to commit genocide; murder and persecution as crimes against humanity. More specifically, the Prosecution alleges that Simon Bikindi participated in the anti-Tutsi campaign in Rwanda in 1994 through his musical compositions and speeches he made at public gatherings inciting and promoting hatred and violence against Tutsi. According to the Prosecution, Simon Bikindi collaborated with government figures, leading figures of the MRND, the CDR, the Interahamwe as well as with RTLM and those responsible for media programming, to disseminate anti-Tutsi propaganda and encourage the genocide. -
THE PROSECUTOR V. Simon BIKINDI JUDGEMENT
International Criminal Tribunal for Rwanda Tribunal pénal international pour le Rwanda UNITED NATIONS NATIONS UNIES Original: English TRIAL CHAMBER III Before Judges: Inés Mónica Weinberg de Roca, Presiding Florence Rita Arrey Robert Fremr Registrar: Adama Dieng Judgement of: 2 December 2008 THE PROSECUTOR v. Simon BIKINDI Case No. ICTR-01-72-T JUDGEMENT Counsel for the Prosecution Counsel for the Defence William T. Egbe Andreas O’Shea Veronic Wright Jean de Dieu Momo Patrick Gabaake Peter Tafah Iain Morley Sulaiman Khan Amina Ibrahim Disengi Mugeyo The Prosecutor v. Simon Bikindi, Case No. ICTR-01-72-T TABLE OF CONTENTS CHAPTER I: INTRODUCTION ............................................................................................. 1 1. THE TRIBUNAL AND ITS JURISDICTION ................................................................................ 1 2. THE ACCUSED ..................................................................................................................... 1 3. THE INDICTMENT ................................................................................................................ 1 4. SUMMARY OF PROCEDURAL HISTORY ................................................................................ 2 5. OVERVIEW OF THE CASE ..................................................................................................... 2 CHAPTER II: FACTUAL FINDINGS……………………………………………..…………3 1. PRELIMINARY MATTERS ..................................................................................................... -
The Role of France in the 1994 Rwandan Genocide 0 Mucyo Report
Mucyo report - The role of France in the 1994 Rwandan Genocide 0 Mucyo report- Report of an independent Commission to establish the role of France in the 1994 Rwandan Genocide. This is the full report TABLE OF CONTENTS TABLE OF CONTENTS i GENERAL INTRODUCTION 1 1. Creation and historical background of the Commission 1 2. How the Commission understood its terms of reference 1 3. Methodology for the collection of information2 3.1. Sources of information in Rwanda 2 3.2. Collection of information abroad 2 3.3. Access to public documents 3 3.4. Information Processing 4 3.5. Research stages 4 INTRODUCTION TO THE REPORT 5 1. Foreign involvement in Rwanda’s conflict and in the genocide 5 1.1 Historical background 5 1.2. Recent international interventions (1990-1994) 8 1.2.1. Belgium 8 1.2.2. United States 9 1.2.3. United Nations Organisation (UNO) 10 1.2.4. An attempt at international redress? 13 1.3 Process of the recognition of the genocide 14 1.3.1 Initiatives of the United Nations Human Rights Commission 14 1.3.2 Procrastination in the recognition of the genocide in the Security Council 15 PART I: FRANCE’S INVOLVEMENT IN RWANDA BEFORE THE GENOCIDE 17 1. Historical background and legal framework of cooperation between France and Rwanda 17 1.1. Aspects of the civilian cooperation 17 1.2 Elements of military cooperation 18 1.2.1 Contents of the Special Military Assistance Agreement of 1975 18 1.2.2 Amendments of the 1975 Agreement 19 1.2.3 Increased military aid effective from 1989 20 1.3. -
Rwanda: Background and Current Developments
Rwanda: Background and Current Developments Ted Dagne Specialist in African Affairs March 23, 2009 Congressional Research Service 7-5700 www.crs.gov R40115 CRS Report for Congress Prepared for Members and Committees of Congress Rwanda: Background and Current Developments Summary In 2003, Rwanda held its first multi-party presidential and parliamentary elections in decades. President Paul Kagame of the Rwanda Patriotic Front (RPF) won 95% of the votes cast, while his nearest rival, Faustin Twagiramungu, received 3.6 % of the votes cast. In the legislative elections, the ruling RPF won 73% in the 80-seat National Assembly, while the remaining seats went to RPF allies and former coalition partners. In September 2008, Rwanda held legislative elections, and the RPF won a majority of the seats. Rwandese women are now the majority in the National Assembly. In October 2008, the National Assembly elected Ms. Mukantabam Rose as the first female Speaker of the Assembly. The next presidential elections are schedule for 2010.This report will be updated as circumstances warrant. In Rwanda, events of a prior decade is still fresh in the minds of many survivors and perpetrators. In 1993, after several failed efforts, the Rwandan Patriotic Front (RPF) and the government of Rwanda reached an agreement in Tanzania, referred to as the Arusha Peace Accords. The RPF joined the Rwandan government as called for in the agreement. In April 1994, the Presidents of Rwanda and Burundi, along with several senior government officials, were killed when their plane was shot down as it approached the capital of Rwanda, Kigali. Shortly after, the Rwandan military and a Hutu militia known as the Interhamwe began to systematically massacre Tutsis and moderate Hutu opposition members.