International Criminal Tribunal for Rwanda
International Criminal Tribunal for Rwanda | |
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United Nations flag |
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English name | International Criminal Tribunal for Rwanda (ICTR) |
French name | International Tribunal for Rwanda (TPIR) |
Rwandan name | Urukiko Nshinjabyaha Mpuzamahanga rwagenewe u Rwanda |
Organization type | Ad hoc criminal court |
status | dissolved |
Seat of the organs | Arusha , Tanzania |
Chair | Judge Vagn Joensen ( Denmark ), President of the International Criminal Tribunal for Rwanda |
founding |
November 8, 1994 |
resolution |
December 31, 2015 |
Upper organization |
Security Council of the United Nations |
www.unictr.org |
The International Criminal Tribunal for Rwanda ( French Tribunal pénal international pour le Rwanda , TPIR ; English International Criminal Tribunal for Rwanda , ICTR ; kinyarwanda Urukiko Nshinjabyaha Mpuzamahanga rwagenewe u Rwanda ) was an ad created by Resolution 955 of the UN Security Council of 8 November 1994 hoc criminal court to investigate and prosecute the events of the 1994 Rwandan genocide . He was responsible for prosecuting serious crimes that took place in Rwanda between January 1 and December 31, 1994 .
Genocide (Art. 2), crimes against humanity (Art. 3) and war crimes (Art. 4) are among the offenses for which the Court of Justice has jurisdiction and are finally listed in the Statute of the ICTR . A total of 92 people have been charged, of which 62 have been convicted.
The ICTR is one of the milestones in the development of international criminal justice.
The International Residual Mechanism for the Ad-hoc Criminal Courts (MICT) has been functioning as the joint successor institution of the ICTR and the International Criminal Court for the Former Yugoslavia since July 2012 , and was active in parallel to the two ad-hoc courts for a transitional period until 2014.
Basics
The following UN resolutions form the basis of the court:
- UN Security Council Resolution 955 of November 8, 1994
- UN Security Council Resolution 978 of February 27, 1995
- UN Security Council Resolution 1165 of April 30, 1998
On February 22, 1995, resolution 977 of the UN Security Council established Arusha in Tanzania as the seat of the tribunal .
The tribunal has jurisdiction over genocide, crimes against humanity and war crimes that are considered violations of common Article 3 of the Geneva Conventions . Between November 1995 and the beginning of April 2014, he passed judgments in 75 cases, twelve of which were acquittals. 16 of the 75 proceedings were on appeal. In addition, ten cases were referred to national courts, two defendants died before the end of the trial, and two charges were dropped. Critics complain that the number of processes is relatively low despite an average annual budget of 100 million US dollars and over 800 employees. In addition to this criticism of a lack of efficiency, there is also the charge of inadequate public relations work. Hardly anyone in Rwanda or abroad is interested in the Arusha trials. The first tribunal began in 1997 with the trial of Jean-Paul Akayesu .
Proceedings against "hate media"
The trial against "hate media" began on October 23, 2000. It deals with media that fueled the genocide.
On August 19, 2003 , charges were brought against Ferdinand Nahimana and Jean Bosco Barayagwiza , administrators of the Radio-Télévision Libre des Mille Collines , and Hassan Ngeze , the writer and editor of the Kangura newspaper . This reads on genocide, incitement to genocide and crimes against humanity before and during the genocide. On December 3, 2003, the court found all three guilty. It sentenced Nahimana and Ngeze to life imprisonment and Barayagwiza to 35 years imprisonment. In the now legally binding appeal process, all three were found guilty on November 28, 2007. Ngeze was sentenced to 35 years, Barayagwiza to 32 years and Nahimana to 30 years.
Members
The tribunal consists of 16 judges in 4 chambers - three for the indictments and one for appeals. In addition, 9 “ ad litem ” judges are present, making a total of 25 judges. Currently all 9 ad litem judges are in chambers II and III. In addition, there are 9 former ad litem judges who are appointed if a regular ad litem judge is absent or prevented from doing so due to illness. The judges of the Appeals Chamber also form the Appeals Chamber for the International Criminal Tribunal for the former Yugoslavia.
The row # shows the protocol order of precedence .
Prosecution Chamber I.
# | Judge | Country of origin | status |
---|---|---|---|
1. | Erik Møse | Norway | ICTR President, Presiding Judge, Prosecution Chamber I (2003–2007) |
10. | Jai Ram Reddy | Fiji | member |
11. | Sergei Alexejewitsch Yegorov | Russia | member |
Prosecution Chamber II
# | Judge | Country of origin | status |
---|---|---|---|
4th | William Sekule | Tanzania | Presiding Judge of the Prosecution Chamber II |
9. | Arlette Ramaroson | Madagascar | member |
16. | Joseph Asoka Nihal De Silva | Sri Lanka | member |
17th | Solomy Balungi Bossa | Uganda | ad litem |
19th | Lee Gacugia Muthoga | Kenya | ad litem |
21st | Emile Francis Short | Ghana | ad litem |
23. | Taghrid Hikmet | Jordan | ad litem |
24. | Seon Ki Park | South Korea | ad litem |
Prosecution Chamber III
# | Judge | Country of origin | status |
---|---|---|---|
2. | Inés Mónica vineyard de Roca | Argentina | Presiding Judge of the Prosecution Chamber III |
14th | Khalida Rachid Khan | Pakistan | member |
15th | Charles Michael Dennis Byron | St. Kitts and Nevis | member |
18th | Flavia Lattanzi | Italy | ad litem |
22nd | Florence Rita Arrey | Cameroon | ad litem |
24. | Karin Hökborg | Sweden | ad litem |
25th | Gberdao Gustave Kam | Burkina Faso | ad litem |
Appeals Chamber
# | Judge | Country of origin | status |
---|---|---|---|
3. | Theodor Meron | United States | Presiding judge of the Appeals Chamber |
5. | Mohamed Shahabuddeen | Guyana | member |
6th | Florence Mumba | Zambia | member |
7th | Mehmet Güney | Turkey | member |
8th. | Fausto Pocar | Italy | member |
12. | Wolfgang Schomburg | Germany | member |
13. | Andrésia Vaz | Senegal | member |
Prosecution Office
The Prosecution Office is divided into two sections:
- The Investigation Department is responsible for collecting evidence of individuals' involvement in crimes in Rwanda in 1994.
- The prosecution is responsible for punishing all pre-genocide crimes.
Hassan Bubacar Jallow from Gambia is the current prosecutor for the ICTR. He previously served as Attorney General and Minister of Justice; from 1998 to 2002 he also worked at the Gambia Supreme Court. On September 15, 2003, he was nominated to replace Carla Del Ponte .
The secretary
The secretariat is responsible for the overall administration of the tribunal. It also performs some other legal functions and is the communication interface of the ICTR.
The secretariat is led by the chief secretary. This is the deputy of the UN Secretary-General. Adama Dieng from Senegal is the current chief secretary. He took up his post in March 2001.
See also
- International residual mechanism for the ad hoc criminal courts (MICT)
- International Criminal Court
- International Criminal Tribunal for the Former Yugoslavia
- International court
- Gacaca - village dishes in Rwanda
- Hotel Rwanda - feature film about the genocide in Rwanda
- Augustin Bizimungu - former Chief of Staff of the Rwandan Army and accused before the ICTR
- Augustin Ndindiliyimana - former chief of staff of the gendarmerie
- Akayesu ruling - first application of the UN Genocide Convention by an international court
- Bernard Munyagishari - leader and co-founder of Interahamwe
- Augustin Ngirabatware - Minister of Planning
- Jean-Baptiste Gatete - Mayor of Murambi
- Pauline Nyiramasuhuko - Former Minister of Women and Family. She is the first woman convicted of genocide and rape as crimes against humanity .
literature
- Stefan Kirsch: International Criminal Courts. Nomos-Verlag, Baden-Baden 2005, ISBN 3-8329-1450-1 .
- Maison Rafaëlle: La responsabilité individuelle pour crime d'État en droit international public. Bruylant et al. a., Brussels 2004, ISBN 2-8027-1820-7 .
- Géraud de La Pradelle: Imprescriptible. L'implication française dans le génocide tutsi portée devant les tribunaux. Les arènes, Paris 2005, ISBN 2-912485-80-0 .
Web links
- Official website of the International Criminal Tribunal for Rwanda (English, French and kinyarwanda)
- Statute of the International Criminal Tribunal for Rwanda
- Collection of decisions by the ICTR in the Legal Tools project
- International residual mechanism for the ad hoc criminal courts (MICT) , (English - United Nations Mechanism for International Criminal Tribunals)
- Genocide in Rwanda (Rwanda genocide) - report by Human Rights Watch (English)
- Resolutions 955 , 978 and 1165 of the Security Council (English)
- Example of a procedure before the ICTR: Jean Kambanda - TRIAL WATCH
Individual evidence
- ^ UN: STATUTE OF THE INTERNATIONAL CRIMINAL COURT FOR RUANDA. 2000, accessed August 17, 2017 .
- ^ The ICTR in letter | United Nations International Criminal Tribunal for Rwanda. Accessed August 17, 2017 .
- ↑ ICTR Milestones | United Nations International Criminal Tribunal for Rwanda. Accessed August 17, 2017 .
- ↑ See the overview of the procedures on the ICTR website. (English, accessed April 10, 2014). For criticism of the ICTR, see in particular the study by the International Crisis Group : International Criminal Tribunal for Rwanda: Justice Delayed ( memento of April 1, 2005 in the Internet Archive ) of June 7, 2001. (English, February 12, 2008).
- ↑ ICTR-99-52 | United Nations International Criminal Tribunal for Rwanda. Accessed August 17, 2017 .