The Effectiveness of International Criminal Justice with Reference to the Truth-Telling/Seeking Mechanisms for Victims of the Rwandan Genocide

Abstract

The International Criminal Tribunal for Rwanda (ICTR) was established for the prosecution of persons responsible for genocide and other serious violations of international humanitarian law committed in the territory of Rwanda between 1 January 1994 and 31 December 1994. It has had under its mandate the prosecution of Rwandan citizens responsible for genocide and other such violations of international law committed in the territory of neighbouring States during the same period. Since its creation, the ICTR has come a long way from its humble beginnings and has demonstrated the application of international criminal justice and the willingness of the international community to subject the perpetrators of genocide, war crimes, crimes against humanity, etc. to be accountable to their actions. However, it has also been recognized that the ICTR had serious failings which lead many commentators to be skeptical of the role of the court in addressing the concerns of victims of the Rwandan genocide who questioned the efficacy of international criminal justice in provide a swift delivery of justice. This paper attempts to provide a comprehensive review of the truth-telling/truth-seeking mechanisms, as forming part of the practical solutions to the unique Rwandan experience, as not distinct from the work of the ICTR but as a complementary process, accompanying and reinforcing the decisions of the Court. The author argues that restorative justice, as forming part of the wider concept of international criminal justice, should be at the heart of solving humanitarian crises of such a scale and scope as that of the Rwandan genocide. Restorative justice initiatives and processes implemented at grass-root level, and engaging the community as a whole, provide a holistic approach in leading to long-term peace processes.