Abstract
The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR) has properly focused on the special intent (dolus specialis) to destroy a group as the distinguishing characteristic of genocide and differentiated it from result-oriented crimes. Although the ICTR has crowned genocide as `the crime of crimes`, it has simultaneously dethroned it by holding that it attracts the same sentence as other humanitarian law violations. Nonetheless, ICTR jurisprudence attaches considerable importance to characterizing the destruction of the Tutsi as genocide as distinct from crimes against humanity. Because the Tutsi cannot be readily distinguished as one of the protected groups under the Genocide Convention, Trial Chambers have gone to great lengths to characterize them as an `ethnic` group in order to justify the label of genocide.
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