Dealing with genocide - The judicial responses to the 1994 atrocities in Rwanda

Abstract: Today, 14 years have gone since the whole world turned their backs on Rwanda, the small country in East Africa, during a time when its population needed us the most. These were the same nations that already after the Second World War had made a promise about ''Never Again'', then meaning that they would never again allow another attempt to exterminate an entire ethnic group. It was not until the harm was done and almost 75 per cent of an entire group had been butchered, that the International Community was able to admit that the promise had been broken. The genocide in Rwanda is lamentably not the first one of its kind, and definitely not the only time the nations of the world have broken their promise, but it is from this tragedy where this study sets off. After the genocide in 1994 several judicial institutions were created to punish the guilty ones. On an international level the International Criminal Tribunal for Rwanda (ICTR) was established and on a national level new laws were passed and innovative solutions were created to deal with the immense figure of detainees for genocide related crimes. The ICTR has from the very start wrestled with heavy administrative-, legitimacy- and efficiency issues. It has also been accused of one-sided justice, and the relationship to the Rwandan Government as well as to the Rwandan people has been uneasy from the start. The latter might be of more significance since one of the goals set up by the ICTR is to contribute to national reconciliation. In spite of the reforms and changes the ICTR has gone through during its 14 year- long existence, far from all the problems have been eradicated. Moreover, if the Security Council's completion plan is followed, and the proceedings in Arusha are to end by 2010, the ICTR might have to close down without having dealt with all criticism it has received. As for the Rwandan Government, they have too endured a lot of criticism mainly from various Human Rights organisations. Part of the criticism aims at the Rwandan Judicial system's shortcomings concerning fair trials, independent courts, limited access to defence, the existence of extra-judicial executions and turning the genocidal criminal process into a 'witch-hunt' to get rid of political opponents. The problems and achievements of these institutions will be treated. In addition, a closer look at the personal jurisdictions of the different forums will be taken and the question of whether it is correct or not to end the work of the ICTR in 2010 will be discussed.