The International Criminal Tribunal for Rwanda (ICTR) and Jurisdictional Issues

International Journal of Research and Innovation in Social Science (IJRISS) | Volume III, Issue XII, December 2019 | ISSN 2454–6186

The International Criminal Tribunal for Rwanda (ICTR) and Jurisdictional Issues

Hakeem Olugbolahan Dawodu
Department of General Studies, The Federal Polytechnic Ilaro, Ogun State, Nigeria

Abstract: – International Criminal Law seeks to make certain crimes punishable at the international level by bringing such crimes within the purview of international Courts or Tribunals. The international court or tribunal so created therefore assumes jurisdiction for the trial of persons accused in this regard. This jurisdiction is without prejudice to the National Courts’ power to try such cases and or individual accused persons. This exercise of Jurisdiction may pose a problem even where the international court or tribunal has been vested with what is termed as jurisdictional primacy.This paper examines this issue and possible conflicts inherent in this arrangement and profferspossible solutionsin resolving its consequential logjam using the ICTR set up in 1994 to try cases arising out of the crisis in that country in 1993 as a case study.

Key Words: ICTR, Hutu, Tutsi, Jurisdiction, Complementarity.

I. INTRODUCTION

The International Criminal Tribunal for Rwanda (ICTR) was the direct response of the UN to the events that occurred in Rwanda between April and June 1994. On the 6thApril, 1994 the plane conveying Rwandan President Juvenal Habyarimana (and his Burundi counterpart Cyprien Ntaryamira) was shot down over Kigali Airport, an act resulting in the death of everyone on board. He was a Hutu. The attack was blamed precociously on the other dominant tribe, the Tutsi. The Tutsis in turn claimed that it was the work of Hutu extremists seeking to lay the premise for the Hutu plan to finally exterminate the Tutsis. The result of this scenario was the death of roughly 800,000 Rwandans in 100 days; one of the worst disasters in human history. The acrimony between these two tribes had started when their colonial master Belgium relinquished power and the Hutus took their place.This had led to the formation of the Rwanda Patriotic Front (led by Paul Kagame) by the Tutsis and their moderate Hutu supporters whilst in exile in Uganda .

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