Statute of the international criminal tribunal for rwanda. The international criminal court for rwanda the international criminal tribunal for rwanda ictr was created on november 8, 1994 by the united nations security council. International criminal tribunal for rwanda, rules of. Article 6 of statute of the international criminal tribunal for rwanda states, a person who planned, instigated, ordered, committed or otherwise aided and 10 ictr judgment at 108 section 7. On 22 february 1995, by resolution 977 1995, the security council further decided that the. Personal jurisdiction the international tribunal for rwanda shall ha ve jurisdiction over natural persons pursuant to the provisions of the present statute. At any stage of the procedure, the international tribunal for rwanda may formally request national courts to defer to its competence in accordance with the present statute and the. The contribution of the international criminal tribunal.
International criminal tribunal for rwanda case no. New england school of law rwanda genocide prosecution project. Trahan is also responsible for compiling human rights watch s. Ohchr statute of the international criminal tribunal for. International criminal tribunal for rwanda trial chamber iii. The statute for the uns international criminal tribunal for rwanda contains a number of legal innovations. Because the rwandan conflict was internal rather than international, the statute for its tribunal complements rather than replicates that of its yugoslavian counterpart. Another international tribunal of permanent status is the international criminal court established by a treaty known as the rome statute of the international criminal court adopted in italy on july 17, 1998.
Urukiko mpanabyaha mpuzamahanga rwashyiriweho u rwanda was an international court established in november 1994 by the united nations security council in resolution 955 in order to judge people responsible for the rwandan genocide and other serious violations of. Rome statute, such prosecutions are not without precedent. International criminal tribunal for the former yugoslavia the international criminal tribunal for the former yugoslavia icty is a united nations court of law dealing with war crimes that took place during the conflicts in the balkans in the 1990s. The statute of the international tribunal for rwanda was annexed to resolution 955 1994 adopted under chapter vii of the united nations charter. The international tribunal for rwanda is broadly empowered to prosecute persons who have criminal responsibility for genocide, crimes against humanity, and violations of article 3 common to the geneva conventions and of additional protocol ii. Joseph kanyabashi and confirmed that the establishment of the rwanda tribunal by the. The tribunal is governed by the statute annexed to the united nations security council.
Sep 01, 2005 in a recent publication presenting the tribunal, the president of the international criminal tribunal for rwanda ictr, the norwegian judge eric mose, observed. Resolution 955 1994 8 november 1994 establishing the international criminal tribunal for rwanda ictr and attaches its statute. Chamber iii the chamber of the international cr iminal tribunal for rwanda the tribunal, composed of judges khalida rachid khan, presiding, lee gacuiga muthoga, and emile francis short. The prosecutor of the international criminal tribunal for rwanda, pursuant to the authority stipulated in article 17 of the statute of the international criminal tribunal for rwanda the statute of the tribunal charges. New england school of law rwanda genocide prosecution.
The prosecutor of the international criminal tribunal of rwanda charges samuel musabyimana with genocide, a crime stipulated in article 23a of the statute, in that on or between the dates of 7 april 1994 and 30 may 1994 in. International criminal tribunal for yugoslavia icty and the international criminal tribunal for rwanda ictr is that it is now commonsense that rape is and must be a war crime. The purpose of this court is to prosecute those allegedly responsible for the 1994 rwandan genocide. Protocol ii, offences stipulated in articles 2, 3 and 4 of the statute of the tribunal. After consultation with the permanent judges of the international tribunal for rwanda, the president shall assign two of the permanent judges elected or appointed in accordance with article 12 bis of the present statute to be members of the appeals chamber of the international tribunal for the former yugoslavia and eight to the trial chambers. It has jurisdiction to prosecute crimes which occurred in rwanda between january 1, 1994 and december 31, 1994. The ictr continues to develop a rich jurisprudence on ihl that will be examined in this study.
The provisions of the rpe of both tribunals are for the most part identical, too. The international criminal tribunal for rwanda ictr. Ohchr statute of the international criminal tribunal for rwanda. The international criminal tribunal for rwanda ictr, based in arusha united republic of tanzania, was established in november 1994 by security council resolution 955.
Ictr contribution to national reconciliation journal of. The international criminal tribunal for rwanda ictr faced an unprecedented challenge when it was established to address the crimes of a genocide that cost the lives of an estimated 800,000 tutsis and moderate hutus. Statute of the international criminal tribunal for rwanda adopted 8 november 1994, unsc resolution 955. Statute of the international criminal tribunal for rwanda 2007 47 article 5. Main achievements of the ictr journal of international. The security councils decision to set up the international criminal tribunal for rwanda ictr or the tribunal was made in november 1994, 18 months after the adoption of the resolution establishing the international criminal tribunal for the former yugoslavia icty. The prosecutor of the international criminal tribunal for rwanda charges callixte kalimanzire with genocide, a crime provided for in article 23a of the statute of the tribunal, in that between 1 january 1994 and 31 december 1994, callixte kalimanzira was responsible for killing and causing serious bodily or mental harm to members of the tutsi. International humanitarian law and international criminal justice. Case law of the international criminal tribunal for rwanda and the international criminal tribunal for the former yugoslavia. December 1994 appeals chamber and tribunal, respectively is seized of the motion of andre ntagerura to appeal a decision of the president of the ictr dated 31 march 2008 and a decision of trial chamber iii dated 15 may 2008, filed on 19 september 2008 motion and. On 25 october 2007, human rights watch hereinafter hrw filed its request for.
Miller, from the international criminal tribunal for rwanda to the inter national criminal court. Statute of the international tribunal for rwanda the security council, reaffirming all its previous resolutions on the situation in rwanda, having considered the reports of the secretarygeneral pursuant to paragraph 3 of resolution 935 1994 1 july 1994 s1994879 and s1994906, and having taken note of the reports of the special rapporteur. Study on international standards relating to incitement to. Juvenal kajelijeli is rendered by trial chamber ii trial chamber or chamber of the international criminal tribunal for rwanda tribunal, composed of judge william h. Topical digests of the case law of the international criminal tribunal for rwanda and the international criminal tribunal for the former yugoslavia human rights watch.
Chamber i the chamber of the international criminal tribunal for rwanda the tribunal, composed of judges erik mose, presiding, sergei alekseevich egorov, and dennis c. Because the rwandan conflict was internal rather than international, the. The complementarity regime of the international criminal. The tribunal has the authority to prosecute persons responsible for serious violations of international humanitarian law committed in the. The tribunal is governed by the statute annexed to the united nations security council resolution 955 the statute and by the rules of procedure and evidence of the tribunal the rules. International criminal tribunal for rwanda wikipedia. Ictr97341 case no ictr97301 the prosecutor against gratien kabiligi aloys ntabakuze amended indictment the prosecutor of the international criminal tribunal for rwanda, pursuant to the authority stipulated in article 17 of the statute of the international criminal. International criminal law instruments elements of crimes to the rome statute of the international criminal court rome statute of the international criminal court rules of procedure and evidence of the international criminal court rules of procedure and evidence for the international tribunal for the prose.
International criminal tribunal for rwanda tribunal penal. International criminal tribunal for rwanda, 110 ajil 212, 2 2016. International humanitarian law and international criminal. International criminal tribunal for rwanda criminal defense. We also gratefully acknowledge comments provided by the international centre for transitional justice and the secretariat of the ngo coalition for the international criminal court. A digest of the case law of the international criminal tribunal for the former yugoslavia. State cooperation with the international criminal tribunals. It was drafted and negotiated by members of the security council, drawing heavily upon the statute of the yugoslav tribunal.
The contribution of the international criminal tribunal for. International criminal tribunal for rwanda, rules of procedure and evidence, u. The tribunal is governed by the statute annexed to resolution 955 the statute and. Being the first international tribunal to convict a person of genocide, the first to recognise rape as an element of genocide, and to try a woman for the crime of genocide, the ictr jurisprudence will prove invaluable. Article 28 of the statute of the tribunal and rule 54 of the rules of procedure and evidence, 1 october 2008 reply. Legacy website of the international criminal tribunal for rwanda.