The tribunal was established in November 1994 but it was not until June 1995 that its judges were sworn in at The Hague.157 An administrator for the tribunal was not appointed until September 1995.158 Six months after the judges were sworn in and just one year after the tribunal was established, the ICTR on December 12, 1995, issued its first indictments.159 The indictments accused eight Rwandans of genocide and conspiracy to commit genocide in the mass killing of several thousand men, women and children in the Kibuye Prefecture of western Rwanda.160 Unlike ICTY, the Rwandan tribunal, through the assistance of the Rwandan government and neighboring States, has many of its indictees including several high-ranking officials of the former regime in custody.161 However, nine of the accused remain at large.162
155 M. Cherif Bassiouni, supra note 133, at 433. 156
See Richard D. Lyons, U.N. Approves Tribunal on Rwandan Atrocities, N.Y. Times, Nov. 9, 1994, at A12.(noting that the Rwandan government has stated it will cooperate with the tribunal and quoting Representative Bakuramutsa as saying “Rwanda fully supports the tribunal, although we might not yet be satisfied with the resolution”).
157
Julian Bedford, Judges to Set Rules for Rwanda Genocide Tribunal, Reuters, Jun. 26, 1995, available in LEXIS, News Library, ARCNWS File. Judge Laity Kama of Senegal and Judge Yakov Ostrovsky of Russia were elected president and vice-president of the tribunal respectively. Id. See UN Panel Opens Inquiry on Rwanda, N.Y. Times, Jun. 28, 1995, at A5.
158
Kenyan Appointed to Top Job on War Crimes Tribunal, Reuters, available in LEXIS, News Library, CURNWS File. Andronico Adede, a Kenyan UN bureaucrat was appointed the tribunal’s register on September 12, 1995. Id.
159 Prosecutor v. Kayishema, et al, Case No. ICTR-95-1-I (1995). 160
Payam Akhavan, supra note 146 at 509. See also Melissa Gordon, Justice on Trial: the Efficacy of the International Tribunal for Rwanda, 1 ILSA J. INT’L & COMP. L. 217 (1995).
161 Payam Akhavan, supra note 146, at 509. As at March 1997, it was estimated that about 90,000
genocide suspects were held in Rwandan jails. See Corinne Dufka, Irish Leader Expresses Concern at Rwanda Justice, Reuters, Mar. 3, 1997, available in LEXIS, News Library, CURNWS File.
162
They include: BIZIMANA, Augustin (ICTR-98-44) ;KABUGA, Félicien (ICTR-98-44) ;MPIRANYA, Protais (ICTR-2000-56); NDIMBATI, Aloys (ICTR-95-1); NIZEYIMANA, Idelphonse (ICTR-2000-55);
105
The ICTR does not have the resources to try even a substantial number of the reported ninety-thousand suspects in Rwandan jails. Thus, as at March 9, 2006, the ICTR assumed jurisdiction for only 81 detainees.163 Of these detainees, 28 are on trial while 15 are awaiting trial.164 The trial chamber has concluded 23 cases, 8 of which are currently on appeals.165 Of the 15 convicted, 6 have been sent to Mali to serve their prison sentences and 9 are awaiting transfer.166 The trial chamber handed out 14 life sentences and between 6 to 35 years prison sentences.167 One of the detainees was acquitted, two has their charges dropped and were released, one died in detention, and the other two were conditionally released.168 With the Prosecutor v. Akayesu169 decision, the ICTR became the first international war crimes tribunal to convict an official for genocide and to declare that rape could constitute genocide.170
Thus, from a practical standpoint, many of the suspects will have to be tried by the national courts of Rwanda, although those trials raise serious questions of due process protections.171 On February 23, 2005, Hassan Bubacar Jallow, the Prosecutor of the
NTAGANZWA Ladislas (ICTR-96-9); NZABONIMANA, Callixte (ICTR-98-44); RYANDIKAYO (ICTR-95-1); and SIKUBWABO Charles (ICTR-95-1). See Accused at Large, available at:
http://www.ictr.org/ENGLISH/cases/inprogress.htm
163 See Status of Detainees, available at http://www.ictr.org/ENGLISH/factsheets/detainee.htm (visited
March 11, 2005). 164 Id. 165 Id. 166 Id. 167 Id. 168 Id.
169 See Prosecutor v. Akayesu, Case No. ICTR-96-4-I, Amended Indictment (June 1997), paras. 12A-12B,
available at: www.ictr.org/ENGLISH/cases/Akayesu/indictment/actamond.htm (last visited Mar. 3, 2004).
170 See, e.g., Press Release, Amnesty International, Rwanda: Amnesty International Welcomes Historic
Rulings of the International Criminal Tribunal for Rwanda. Sept. 4, 1998, available at:
www.amnestyusa.org/news/1998/14703098.htm (last visited Mar. 26, 2004) (explaining that Akayesu’s
conviction was the first time an international court had applied the Genocide Convention of 1948).
171 As of March 1997, Rwanda was reported to hold in its jails over 90,000 genocide-related suspects.
Many of the suspects have not been accorded due process protections by the RPF Rwandan government. Rwandan courts have started their own war crimes trials and had handed down ten death sentences by February 1997. See Corinne Dufka, supra note 161; Despite UN Tribunal, Rwanda Plans to Try Suspects
ICTR during a visit to the Rwandan capital handed 15 of its cases under investigation to the Rwandan state prosecutor in a first such move since the establishment of the tribunal.172
In order to speedy the prosecution of other accused persons who took less significant role in the civil war, the Rwandan government has turn to community courts, known as the gacaca.173 So far 118 of such courts have been established and by the time the gacaca system is up and running, there will be 12,000 of the courts.174 Each gacaca court is comprised of nine judge panel elected among the local people and the court can imposed prison sentences up to life imprisonment.175 Suspects who confess and seek forgiveness from surviving victims receive lighter sentences. On March 10, 2005, the first gacaca judgment of 30 years imprisonment was handed to Saddam Nshimiyimana who was accused of killing people stopped at a roadblock during the genocide and others who sought refuge from the slaughter in a Roman Catholic Church in central Kigali.176
Some survivors have expressed concerned about the slow pace of gacaca trials and what they say are lenient sentences for those who confess.177 On the other hand, human rights groups are worried that the proceedings do not meet international standards for criminal courts.178 However, the Rwandan officials have argued that if the national courts are going to handle all the people accused of taking part in the genocide, about
for War Crimes, Chicago Tribune, Nov. 10, 1994, at A6. A Rwandan official estimated in 1994 that national courts could try as many as 30,000 suspects. Id.
172See UN War Crimes Court Hands over 15 Cases to Rwanda, available at
http://www.rwanda.net/english/News/2005/022005/news02232005d.htm, (visited March 11, 2005).
173
See Edward Rwema, Rwanda Launches New Phase of Genocide Trials at Traditional Courts, available
at: http://www.rwanda.net/english/News/2005/032005/news03102005c.htm, (visited March 11, 2005).
174 Id. (quoting Johnston Busingye, secretary general in Rwanda Justice Ministry). 175 Id. 176 Id. 177 Id. 178 Id.
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63,000 of them, it could take decades before their cases would be heard.179 The Rwandan officials also suggest that gacaca courts, by bringing together survivors and perpetrators, will promote reconciliation.180
The ICTR has come under serious criticism for its failure to charge Tutsis suspected of killing Hutus in the 1994 genocide.181 Thus, Filip Reyntjens, a Belgian historian and expert witness on genocide has said he would stop cooperating with the tribunal because no Tutsis from the RPF rebel army had been indicted.182 Professor Reyntjens stated that prosecuting only Hutus amounted to victor’s justice, because the Tutsi force which ended the genocide by overthrowing the extremist Hutu regime also committed atrocities. He noted that the tribunal was supposed to foster reconciliation but was doing the opposite because its one-sided approach alienated ordinary Hutus.183 Before Carla del Ponte was removed as the prosecutor of the ICTR, she had promised to charge members of the RPF.184 Unfortunately, Ms. Del Ponte’s successor, Hassan Bubacar Jallow has not shown any zeal in going after members of the RPF.185
The ICTR is expected to complete its sitting by 2010.186 Pursuant to the strategy, the ICTR must complete its investigations by the end of 2004, and all trials and appeals
179 Edward Rwema, supra note 173 (reporting that government officials suggest that the gacaca courts will
speed up the huge number of trials allowing the national courts to concerned itself with the cases of only the leaders of the genocidal war).
180 Id.
181 See, Rory Carroll, Genocide Tribunal ‘Ignoring Tutsi Crimes’,The Guardian, January 13, 2005,
available at: http://www.guardian.co.uk/rwanda/story/0,14451,1389194,00.html, (last visited March 15, 2005).
182 Id. 183 Id. 184
Id. See also, Steven Edwards, Del Ponte Says UN Caved to Rwandan Pressure National Post,
September 17, 2003, at http://www.globalpolicy.org/intljustice/tribunals/rwanda/2003/0918ponte.htm
185 Rory Carroll, supra note 181.
186 See ICTR Completion Strategy dated 19 November, 2004, available at
http://www.ictr.org/ENGLISH/completionstrat/191104.pdf, (visited March 11, 2005). The first version of
the ICTR completion strategy was submitted to the UN on July 14, 2003. See ICTR, for the Biennium 2004-2005, annex, UN Doc. A/58/269 (2003). That document was prepared notably within the context of
must be completed by December 31, 2010. In order to achieve the completion date, the ICTR on March 1, 2005, inaugurated its fourth courtroom which is expected to boast its judicial output and ensure that the Tribunal will meet its projected completion date.187 With this move, the ICTR hopes to complete the remainder of the cases before the Tribunal within the estimated completion date.188
4.4. SIERRA LEONE SPECIAL COURT