[UAH] Salient features of the International Criminal Tribute for Rwanda

The Tribunal was established to prosecute 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 neighboring States between 1 January 1994 and 31 December 1994.

The Tribunal shall prosecute persons that committed genocide and crimes against humanity (murder; extermination; deportation; imprisonment; torture; rape; persecution for political, racial and religious grounds or other inhuman acts) (article 3).

The Tribunal shall have the power to prosecute persons committing or ordering to be committed serious violations of Article 3.

A person who planned, instigated, ordered, committed or otherwise aided and abetted in the planning, preparation or execution of a crime referred to in articles 2 to 4 on genocide, crimes against humanity, violations of Article 3 common to Geneva convention and Additional Protocol II to the present Statute shall be individually responsible for the crime.

The official position of any accused person, whether as Head of State or Government or as a responsible government official shall not relieve such person of criminal responsibility nor mitigate punishment.

The fact that any of the crimes referred in articles 2 to 4 of the present Statute was committed by a subordinate does not relieve his or her superior of criminal responsibility if he or she knew or had reason to know that the subordinate was about to commit such acts or had done so and the superior failed to take the necessary and reasonable measures to prevent or to punish the perpetrators thereof.

The fact that an accused person acted pursuant to an order of a Government or of a superior shall not relieve him or her of criminal responsibility.     

The territorial jurisdiction of the Rwanda Tribunal shall extend to the territory of Rwanda including its land surface and airspace as well as to the territory of neighboring States.

You can now see why Rwanda voted against a resolution it introduced in the United Nations Security Council when it was a member of the Council. Rwanda did not know that its presumably simple draft targeting Hutu genocidaires in Rwanda would be expanded so widely that RPF members would also be investigated for genocide and crimes against humanity committed in Rwanda on its land and in its airspace and in the neighboring states from January 1 to December 31, 1994. No Rwandan including the Head of State is excluded from prosecution. So far no RPF member has been arrested and prosecuted only Hutus, raising questions about justice.

For details read the entire resolution in Human Rights: A Compilation of International Instruments. Volume I (Second Part). Universal Instruments. United Nations 2002.

Eric