International Criminal Tribunal for Rwanda

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International Criminal Tribunal for Rwanda

International Criminal Tribunal for Rwanda logo

United Nations flag
 
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:

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
01. Erik Møse NorwayNorway Norway ICTR President, Presiding Judge, Prosecution Chamber I (2003–2007)
10. Jai Ram Reddy FijiFiji Fiji member
11. Sergei Alexejewitsch Yegorov RussiaRussia Russia member

Prosecution Chamber II

# Judge Country of origin status
04th William Sekule TanzaniaTanzania Tanzania Presiding Judge of the Prosecution Chamber II
09. Arlette Ramaroson MadagascarMadagascar Madagascar member
16. Joseph Asoka Nihal De Silva Sri LankaSri Lanka Sri Lanka member
17th Solomy Balungi Bossa UgandaUganda Uganda ad litem
19th Lee Gacugia Muthoga KenyaKenya Kenya ad litem
21st Emile Francis Short GhanaGhana Ghana ad litem
23. Taghrid Hikmet JordanJordan Jordan ad litem
24. Seon Ki Park Korea SouthSouth Korea South Korea ad litem

Prosecution Chamber III

# Judge Country of origin status
02. Inés Mónica vineyard de Roca ArgentinaArgentina Argentina Presiding Judge of the Prosecution Chamber III
14th Khalida Rachid Khan PakistanPakistan Pakistan member
15th Charles Michael Dennis Byron Saint Kitts NevisSt. Kitts and Nevis St. Kitts and Nevis member
18th Flavia Lattanzi ItalyItaly Italy ad litem
22nd Florence Rita Arrey CameroonCameroon Cameroon ad litem
24. Karin Hökborg SwedenSweden Sweden ad litem
25th Gberdao Gustave Kam Burkina FasoBurkina Faso Burkina Faso ad litem

Appeals Chamber

# Judge Country of origin status
03. Theodor Meron United StatesUnited States United States Presiding judge of the Appeals Chamber
05. Mohamed Shahabuddeen GuyanaGuyana Guyana member
06th Florence Mumba ZambiaZambia Zambia member
07th Mehmet Güney TurkeyTurkey Turkey member
08th. Fausto Pocar ItalyItaly Italy member
12. Wolfgang Schomburg GermanyGermany Germany member
13. Andrésia Vaz SenegalSenegal 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

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

Individual evidence

  1. ^ UN: STATUTE OF THE INTERNATIONAL CRIMINAL COURT FOR RUANDA. 2000, accessed August 17, 2017 .
  2. ^ The ICTR in letter | United Nations International Criminal Tribunal for Rwanda. Accessed August 17, 2017 .
  3. ICTR Milestones | United Nations International Criminal Tribunal for Rwanda. Accessed August 17, 2017 .
  4. 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).
  5. ICTR-99-52 | United Nations International Criminal Tribunal for Rwanda. Accessed August 17, 2017 .