International Criminal Tribunal For Rwanda Research Articles

The Impact of Incitement by Public Officials in the Commission of Genocide: the Case of Ethnic Amharas in the Oromia Region

Abstract Insecurity has worsened in one of the eleven regions of Ethiopia, Oromiya, due to the killings of innocent Amharas. While there is increasing academic attention on the origins, causes, and nature of this threat, the role of the incitement of public officials in the commission of the killings and/or genocide in the region remains understudied. Accordingly, foregrounded by the need to unravel this gap, this qualitative study contributes to the literature through organised empirical research by examining Ethiopia’s public officials’ speeches and/or incitement, which might have helped in the commission of ethnic Amhara genocide in the Oromiya region since 2018. Three critical world events served as the main theoretical foundations for the analysis of incitement to genocide: the Nuremberg Prosecutions, the United Nations Genocide Convention, and the International Criminal Tribunal for Rwanda. It was found that both Prime Minister Abiy’s and Shimelis Abdisa’s speeches have mounted to qualify as incitements to genocide by being concomitant to the context, purpose, and causation. It is thus sufficient to remark that the speeches are used to further instigate genocide against ethnic Amharas. The study’s central argument holds that the causal link between the speech in question and the massacre in the region doubles the synthesis, although the UN Convention does not require a direct causal link.

Damage to the environment as a sign of genocide

The actualisation of the problems of causing damage to the environment necessitates the determination of the grounds for international criminal liability for this act in the context of various international crimes, including genocide. The purpose of this study was to highlight the damage to the environment as a sign of the crime of genocide. The study was based on general scientific theoretical methods of scientific cognition, namely systemic, functional, and dogmatic methods, as well as methods of analysis, synthesis, and generalisation. Based on the consideration of the acts covered by the concept of genocide, the study found that damage to the environment in this context can be regarded as intentional creation of such conditions of existence for a national, ethnic, racial, or religious group which, by their qualitative characteristics, are aimed at the complete or partial physical destruction of this group, and the signs of such conditions are considered in the practice of the International Criminal Court, the International Tribunal for the Former Yugoslavia, and the International Criminal Tribunal for Rwanda. The study examined the tendency to perceive environmental damage as a sign of genocide in the context of genocide of indigenous peoples, and on this basis formulated the conclusion that it is not impossible to assess environmental damage as genocide outside the context of indigenous peoples’ living conditions, since the Statute of the International Criminal Court and the Convention on the Prevention and Punishment of the Crime of Genocide define the characteristics of a social group that may be a victim differently – national, ethnic, racial, or religious groups. The study found that damage to the environment may simultaneously constitute a sign of both ecocide and genocide if the ecocide is aimed at the destruction of a national, ethnic, racial, or religious group. The study identified the signs under which damage to the environment can be qualified as a crime of genocide: 1) deliberate creation of such living conditions for a national, ethnic, racial, or religious group aimed at its physical elimination as a social group; 2) such conditions are created in the context of deliberate physical destruction of a social group (contextual element); 3) genocidal intent, i.e., intent to destroy in whole or in part a social group defined in Article 2 of the Convention on the Prevention and Punishment of the Crime of Genocide. The practical significance of this study lies in the possibility of using its findings in the context of international justice, provided that the relevant acts are qualified as genocide, one of the ways of committing which is to cause damage to the environment

Interpreting Perlocutionary Speech Acts on Aggravation and Mitigation Circumstances: The Case of the former ICTR

This article attempts to interpret the interactivity between force of utterance and aggravating and mitigation circumstances during the ICTR sentencing process. This process which is essential in determining whether the judges’ evaluative comments aimed to address aggravation and mitigation circumstances are predictive of the ensuing sentences. The data for this article were accessed from the 1995-2000 Basic Documents and Case Law CD-ROM of the then International Criminal Tribunal for Rwanda (ICTR) in Arusha, Tanzania, focusing on the then thirteen (13) completed cases retrievable from http://www.ictr.org. Informed by the Speech Act Theory and using Wordsmith to determine the frequency of linguistic terms at airing aggravation, the study was done on seventy-two thousand words, paying attention to interpreting the language used to address aggravating and mitigating circumstances. Findings show that emotive evaluations are not a major characteristic in sentencing, and where in use, they do not predict the harshness of punishments given.

Professional Women as Perpetrators: A Conversation with Valérie, “Rwanda’s Voice of Death”

ABSTRACT The literature on women’s participation in genocide and related violence focuses on the actions of women who are either at the very top or at the very bottom of social hierarchies. Exceptional roles played by a select few elite women prosecuted at international criminal tribunals have been recognized. Scholars have also examined the motivations of ordinary women who are swayed by ethnocentric scapegoating or commit violence out of fear and coercion, including social and economic incentives. In-depth analyses of female perpetrators in the professionals category who, along with men in that category, serve as bridgemakers between commoners and leaders are scarce. With the exception of nurses, teachers, and secretaries involved in the Holocaust, the professionals category is gravely understudied in scholarship on perpetrators. This article begins to rectify this gap by examining the case of Valérie Bemeriki who, as a journalist for the Radio Télévision Libre des Mille Collines (RTLM), promoted the genocide against the Tutsi in Rwanda. Valérie is a perpetrator who was intimately close to many Rwandans, including her victims, through the radio, yet she is simultaneously unfamiliar as her motivations have not been widely disclosed. The article provides an interpretive analysis of my interview with Valérie, radio transcripts of Valérie’s hate speech obtained by the International Criminal Tribunal for Rwanda (ICTR), and Rwandan and international newspapers and secondary source materials concerning Valérie. The findings suggest that perpetrators in the professionals category convey a contradictory experience in their motivations during the violence and their grievances in the aftermath. While Valérie minimized her agency in the genocidal machine, emphasizing structural constraints, she actively distinguished herself from powerless commoners, including Rwandan women living in a deeply patriarchal society. The article portrays Valérie as a strategic professional who hoped to excel by catering to powerful political figures.

State Crime

The International Criminal Tribunal for Rwanda’s historic judgment in the Akayesu Judgment established that rape and other forms of sexual violence can be an actus reus of genocide as defined by the United Nations Convention on Genocide Article II. The Akayesu Judgment therefore provides a logical framework to analyze a hidden episode of extreme post-colonial state violence in the newly independent Zimbabwe, namely a state policy of mass atrocities in Matabeleland and parts of the Midlands, targeting the minority Ndebele ethnic group during Operation Gukurahundi. The specific foci of this study are the patterns of mass rape and sexual violence in the military operation between 1983 and 1984 in Matabeleland. Drawing on 36 in-depth interviews with survivors from throughout Matabeleland, this study provides a critical new lens on Operation Gukurahundi through its identification of uniform systematic patterns of rape and other forms of sexual violence across Matabeleland. The article concludes that the patterns of rape and other forms of sexual violence identified in this study are indicative of a state policy of systematic genocidal rape between 1983 and 1984, deployed with the intent and effect to destroy, in part, a specific ethnic group, namely the minority Ndebele of Zimbabwe, thereby fulfilling every condition of the Genocide Convention principles of genocide.

Operation Gukurahundi: A Policy of Genocidal Rape and Sexual Violence in Zimbabwe, 1983–1984

The International Criminal Tribunal for Rwanda’s historic judgment in the Akayesu Judgment established that rape and other forms of sexual violence can be an actus reus of genocide as defined by the United Nations Convention on Genocide Article II. The Akayesu Judgment therefore provides a logical framework to analyze a hidden episode of extreme post-colonial state violence in the newly independent Zimbabwe, namely a state policy of mass atrocities in Matabeleland and parts of the Midlands, targeting the minority Ndebele ethnic group during Operation Gukurahundi. The specific foci of this study are the patterns of mass rape and sexual violence in the military operation between 1983 and 1984 in Matabeleland. Drawing on 36 in-depth interviews with survivors from throughout Matabeleland, this study provides a critical new lens on Operation Gukurahundi through its identification of uniform systematic patterns of rape and other forms of sexual violence across Matabeleland. The article concludes that the patterns of rape and other forms of sexual violence identified in this study are indicative of a state policy of systematic genocidal rape between 1983 and 1984, deployed with the intent and effect to destroy, in part, a specific ethnic group, namely the minority Ndebele of Zimbabwe, thereby fulfilling every condition of the Genocide Convention principles of genocide.

The Prosecution of Atrocity Crimes in the Great Lakes Region of Africa, between Accountability Logic and Political Strategies

Abstract Several efforts have been undertaken to uphold the liability for atrocity crimes in the Great Lakes Region of Africa. Even though the International Criminal Court, the International Criminal Tribunal for Rwanda, and domestic courts opened proceedings against alleged perpetrators of atrocity crimes in the Democratic Republic of Congo, Central Africa Republic, Uganda, Kenya, Sudan, Burundi, and Rwanda, these prosecuting efforts are viewed as pursuing political strategies. Based on documentary analysis and an online research survey, this research paper shows evidence of accountability logic and political strategies. Although the undertaken efforts are in line with the logic of accountability, they remain under the influence of political strategies. The research findings highlight that political strategies have been influencing criminal law codification and its enforcement.

The Content and Function of Cosmopolitanism in a Selection of International Criminal Law Tribunals

Reasoning and justifications before the international criminal tribunals and courts (ICTs) have not always strictly kept to legal rules and/or legal standards. At times, philosophical structures were used directly in argument. Consequently, this article is, in particular, concerned with cosmopolitanism in arguments and judgments from a selection of counsel and judges emanating from the Nuremberg and Tokyo International Military Tribunals as well as the ad hoc International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR). It aims to provide an analysis of how the different generations of ICT and the different role-players therein used cosmopolitanism in their arguments. While not a treatise on cosmopolitanism as such, the article will identify and consider several broad cosmopolitan strands relevant to the selected arguments. The ensuing analysis will propose a taxonomy of specific arguments from the selected role-players addressing (1) the existence of a homogeneous civilisation and/or common morality as a descriptive truth or falsity, (2) the progressive realisation of the international society as a normative aspiration and (3) the relationship of the duty to the international community versus that owed to the domestic community of birth. Thereafter, the article will discuss plausible functions, in addition to persuasion, served by these arguments (including winning the case, undermining or supporting the legitimacy of the ICL proceedings in their entirety and/or controlling the subsequent historical narrative). Finally, the article will situate these investigations within the broader study of philosophy at the selected ICTs.

International Criminal Law And Victor's Justice:acase Study Of The Tribunal For Rwanda

The background of the study focuses on Rwanda in the situation of selective justice by the victors after the civil war between the Rwanda Patriotic Front and the Rwandan government in 1994 and subsequent atrocities the victors committed. The purpose of the study is to critically examine the credibility and the way the International Criminal Tribunal for Rwanda selectively discharged its mandate by only prosecuting the defeated individual perpetrators whilst protecting victors’ perpetrators who also committed the same atrocities. The selectivity done by the ICTR was contrary to the Tribunal’s competence enshrined in the Statute that the Tribunal shall prosecute individual perpetrators regardless of their affiliations. Ignoring the selective prosecution discharged by the Tribunal would promote the continued violation of International Humanitarian Law and genocide in Rwanda and in other countries worldwide. The methodology applied under this study is based on analytical review of the literature relating to the topic, because it deeply explains the application of the selective prosecution of the perpetrators. The research also analyzed international instruments like ICTR’s Statute and Geneva Conventions. The analytical method is also complemented by the methodology of case study of the Tribunal for Rwanda. The data collected was subsequently analyzed qualitatively through narrative data analysis approach showing individual prosecution of perpetrators. The findings of the study show that the ICTR discharged its obligations selectively due to the lack of cooperation from the Rwandan State and support from the United Nations Security Council. Had the RPF led government cooperated with the United Nations Security Council, could lead the ICTR to prosecute both individual perpetrators of armed conflict, end impunity, redress successfully, and contributed to the process of national reconciliation and maintenance of peace. The study recommends to the United Nations Security Council to re- evaluate its mandate and call upon the RPF led government to comply with its obligation.

Darfur Model, Rwanda, and the ICTR: John Hagan’s Sociology of Genocide Continued

AbstractCore contributions from John Hagan’s scholarship on genocide are at stake in this article. First, this article examines, for the Rwandan genocide, the applicability of Hagan and Wenona Rymond-Richmond’s multi-level causal model of genocide, developed in Darfur and the Crime of Genocide. Asking how causal factors and processes highlighted in that model play out in scholarship on the Rwandan genocide, it moves toward answering the question of external validity versus historical specificity. Second, the article examines, again with a focus on Rwanda, the relationship between social scientific explanation and judicial thought. While it highlights—in line with the first author’s previous work—how judicial narratives address or select out core factors highlighted in the Darfur model, the article focuses—in line with Hagan’s Justice in the Balkans—on the question of what knowledge social science can nevertheless gain from court proceedings. An analysis of a sample of cases processed by the International Criminal Tribunal for Rwanda identifies overlaps with social science analyses, but it also highlights distinctions.

Regarding the issue of international cooperation in against genocide (on the example of crimes committed by the russia against the ukrainian people)

In this scientific work, the authors made another attempt to consider the issue of genocide in international law. At the same time, today the issue of consideration of genocide on the territory of an independent, legal, democratic, social state with a market economy – Ukraine, which continues to be committed by the Russian Federation on the sovereign territories of the state, is quite relevant. Due to Russian aggression, the civilian population is dying on the territory of Ukraine. Every day, the Russian army attacks the critical infrastructure of Ukraine, which is damaged, leaving a large area without gas, heat, light, water, etc.
 In the scientific article, an attempt was made to consider the prospects for the prevention and countermeasures of genocide, the main influencing factors.
 In today’s conditions, the authors considered a number of international legal frameworks, in particular, the Convention on the Prevention and Punishment of the Crime of Genocide of 1948, the Statute of the International Military Tribunal, the Geneva Conventions and Protocols adopted in 1977, 2005, etc., it can be confidently stated that the actions of the aggressor state can be qualified as committing genocide against the Ukrainian people.
 The scientific article states that institutions of international responsibility were created to prevent crimes of genocide: the International Military Tribunal in Nuremberg, the International Military Tribunal for the Far East, the International Criminal Tribunal for Rwanda, and the International Tribunal in The Hague. The United Nations system as a whole, including all departments and specialized agencies, such as the Office of the United Nations High Commissioner for Human Rights, the Office of Legal Affairs, the Department of Political Affairs, the Department of Public Information, is expected to play an important role in preventing genocide, Department of Peacekeeping, Office of the United Nations High Commissioner for Refugees and some others.
 Let’s pay attention to the methods of recognition and identification of genocide, based on the above- mentioned institutions, and another attempt was made to consider in detail the legal definition of genocide as an international crime, the perspectives and at the same time the most problematic areas of genocide regulation were considered. We should also not forget about the official data on the number of victims due to aggression by the russia.

Operation Gukurahundi: A Policy of Genocidal Rape and Sexual Violence in Zimbabwe 1983–1984

The International Criminal Tribunal for Rwanda’s historic judgment in the Akayesu Judgment established that rape and other forms of sexual violence can be an actus reus of genocide as defined by the United Nations Convention on Genocide Article II. The Akayesu Judgment therefore provides a logical framework to analyze a hidden episode of extreme post-colonial state violence in the newly independent Zimbabwe, namely a state policy of mass atrocities in Matabeleland and parts of the Midlands, targeting the minority Ndebele ethnic group during Operation Gukurahundi. The specific foci of this study are the patterns of mass rape and sexual violence in the military operation between 1983 and 1984 in Matabeleland. Drawing on 36 in-depth interviews with survivors from throughout Matabeleland, this study provides a critical new lens on Operation Gukurahundi through its identification of uniform systematic patterns of rape and other forms of sexual violence across Matabeleland. The article concludes that the patterns of rape and other forms of sexual violence identified in this study are indicative of a state policy of systematic genocidal rape between 1983 and 1984, deployed with the intent and effect to destroy, in part, a specific ethnic group, namely the minority Ndebele of Zimbabwe, thereby fulfilling every condition of the Genocide Convention principles of genocide.

THE INTERNATIONAL CRIMINAL COURT AND AFRICA: AN END TO ATROCITIES?

Intentional killings, destruction and extermination of entire groups; widespread or systematic attack directed against civilians pursuant to state policy or that of other organisations; disregard for human rights; war crimes and acts of aggression, have ravaged the world in general and the continent of Africa in particular. The atrocities in Rwanda prompted UN Secretary-General Kofi Annan to conclude that “man’s capacity for evil knows no limits”. On 2 September 1998, the International Criminal Tribunal for Rwanda (ICTR) in The Prosecutor v Jean-Paul Akayesu (Case No CTR-9-4-T) found the accused guilty of genocide. The tribunal concluded that genocide was indeed committed in Rwanda in 1994 against the Tutsi as a group, and that the genocide appears to have been meticulously organised. Ethnic and religious tension continues to plague other parts of Africa, such as the Hutu/Tutsi conflict in Burundi and Christian/Muslim friction in Nigeria. Chad, Sudan, Uganda, Sierra Leone, Ivory Coast, the Democratic Republic of Congo (DRC) and the Central African Republic (CAR) have all been wracked with protracted civil wars.It is reported that the Congolese rebel leader Jeanne-Pierre Bemba is likely to be the first to be investigated for prosecution before the International Criminal Court.The situations in Angola and Liberia testify to atrocities which in international law can be classified as war crimes and crimes against humanity. According to a Business Day report Zimbabwean NGOs have threatened ICC action against the Zanu-PF elite.
 The commission of grave atrocities on the continent has, however, not been limited to conflict situations. The terror under the rule of Amin and Obote of Uganda, Bokassa of the CAR, Habre of Chad, Mengistu of Ethiopia, Nguema of Equatorial Guinea, and Mobutu of the DRC illustrate that gross human rights violations in Africa have not necessarily only occurred during times of war.Also significant is the fact that the International Criminal Court (ICC) Statute includes apartheid (defined in a 7(2)(h) “as inhumane acts committed in the context of an institutionalised regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime”) as a category of crimes against humanity. In no other continent has the effect of apartheid been felt like in Africa. Until a little over a decade ago apartheid was institutionalised in South Africa.

Genesis of legal cooperation of international criminal courts with states

We are examining the Institute of Cooperation between international criminal courts and states. By analyzing international legal doctrine, we have identified the main stages of development in international criminal justice. The influence of the humanist values of the 19th century and various pragmatic views and principles of international criminal law norms evolved as part of the international legal system, introducing prohibitions on certain criminal activities, including war crimes, crimes against humanity, and genocide, is shown.The Nuremberg and Tokyo International Military Tribunals were considered crucial benchmarks in the evolution of international criminal law. The International Military Tribunal for the Trial of Major War Criminals of European Countries has until now been created, as follows from Article 1 of the London Agreement, to try war criminals whose crimes are not connected to a specific geographical location, regardless of whether they are prosecuted individually or as members of organizations or groups, or in one or another capacity. It is shown that both Tribunals were historically necessary to carry out retribution for mass crimes committed by high-ranking military and civilian officials of Nazi Germany and Japan during World War II. It was noted that both Tribunals were subjected to fair criticism - both from the participants and later - for the legal imperfection of their institutional basis, selective administration of justice, and the retroactive effect of some essential material norms of criminal law.It was analyzed that the institution of cooperation was revealed in detail in the activities of the International Criminal Tribunal for the former Yugoslavia (from now on - ICTY) and the International Criminal Tribunal for Rwanda (from now on - ICTR). Thus, the ICTY and ICTR were created based on resolutions of the Security Council, which, acting in accordance with Chapter VII of the UN Charter, decided that states should fully cooperate with these bodies of international criminal justice.The Department of Private International Law is shown as one of the divisions of the International Court of Justice, which, among other things, “resolves extremely important and nowadays most relevant extradition disputes and tries political criminals and anarchists. It was emphasized that the court should be independent, both from the parties whose case it decides and from any political movements and opinions in general.

‘A very sensitive Rwandan woman’: sexual violence, history, and gendered narratives in the trial of Pauline Nyiramasuhuko at the international criminal tribunal for Rwanda, 2001-2011

ABSTRACT In 2011, Pauline Nyiramasuhuko, the former Rwandan Minister of Family and Women’s Development, became the first woman convicted of genocide in an international criminal trial, and the first convicted of rape as a crime against humanity. Nyiramasuhuko’s case complicates portrayals of Rwandan women as peace-loving victims of violence, a representation often used to explain women’s post-genocide socio-political gains. Drawing on archival records from her trial at the International Criminal Tribunal for Rwanda, this article explores how African history and legal-historical perspectives are necessary to understand this landmark trial and judgment, in particular the gendered narratives that permeate the case and its coverage. Situating Nyiramasuhuko’s case within an historical moment when gendered violence was emerging as an object of international concern, and within the Rwandan social, historical, and cultural milieu, it argues that Nyiramasuhuko’s self-presentation, as well as witness testimonies, are suffused with gendered narratives. Nyiramasuhuko rendered herself as a wife and mother, claiming that these roles precluded her participation in sexualised violence. Her detractors, in contrast, emphasised her cruelty and ambition, drawing on historical tropes about powerful women. Historicising the case in local and international perspectives is essential for understanding how gender is mobilised in accounts of genocidal sexual violence.

The Problem of ‘Uncertainty’ in International Criminal Law and the Common Law ‘Method’

Abstract International criminal law has evolved from abstract ideas of an international criminal jurisdiction in the early twentieth century to encompass a comprehensive set of tribunals, rules, and methods. This article explores the contribution of the common law to the development of international criminal law, drawing on two key historical episodes – the Nuremberg and Tokyo tribunals, and the ad hoc International Criminal Tribunal for the former Yugoslavia (ICTY) and International Criminal Tribunal for Rwanda (ICTR) – to consider the common law’s historic influence over, and relationship to, uncertainty within the system of international criminal law. First, the article highlights how British jurists framed the normative uncertainty vis-à-vis the idea of international criminal justice in their contributions to this Yearbook. Second, it examines the characteristics shared between common law and international criminal law, with a view to appraising the potential relationship of both ‘systems’. Finally, it interrogates the differing treatments of the common law throughout the development of substantive international criminal law over time, considering how judges utilized the common law as they navigated the complex dialectic between ‘statutory’ and ‘judge-made’ law.

Relocation Issues of Released and Acquitted at International Criminal Courts and Tribunals

Abstract The study of the treatment of released and acquitted persons by international courts and tribunals (ICTs) has been one of the most neglected aspects of international criminal justice. The system rests on the cooperation of states with the ICTs. However, this cooperation when it exists, often ceases when the trial has ended. Regarding the objective of delivering justice, states appear to have either forgotten or refused to accept that both acquittals and the eventual release of convicted individuals are part of the process of criminal justice. Even states committed to international justice have denied protection against extradition to unsafe countries for acquitted and released persons, or declined to become host countries, grant asylum requests or take any steps to offer these former defendants and convicted persons a dignified life. This article explores the international legal frameworks applicable to the relocation of persons released or acquitted by ICTs. It specifically looks into the cases of the ad hoc tribunals and the International Criminal Court (ICC), the states parties’ general obligation under the statutes and rules to cooperate with the ICTs, and relevant principles of refugee law. The article explores some of the most recent issues relating to relocation that have shaken international criminal justice. At the International Criminal Tribunal for Rwanda, the recent striking failure to obtain the relocation of nine acquitted and released persons is examined as an emblematic and appalling example of the violation of these persons’ fundamental human rights, and the refusal of the international community to pursue justice in all its aspects. At the ICC, important issues of relocation have already arisen for acquitted and released persons, and the Court will urgently need agreements in this area. Importantly, it is necessary to recognize that, to protect the rights of these former defendants, the practical work of defence lawyers continues long after their clients’ release.

THE DEFINITION OF PROTECTED GROUP IN THE CONTEXT OF APPROACH TO GENOCIDE UNDER INTERNATIONAL CRIMINAL LAW AND POLISH CRIMINAL LAW

The study seeks to define the group of people protected under the provisions on genocide both in the Polish criminal law and international criminal law. The provisions of the Convention of 9 December 1948 on the Prevention and Punishment of the Crime of Genocide, the Rome Statute of the International Criminal Court and the Statutes of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia and the International Criminal Tribunal for Rwanda contain a very similar definition of genocide. Killings and other acts listed in that legislation, committed in order to exterminate all or part of national, ethnic, racial or religious groups as such are prohibited as genocide. Similar conduct was prohibited in the provision of Article 118 of the Polish Penal Code. However, the protected group has been identified differently. It has been defined much more widely in Polish criminal law than in international law. A perpetrator of genocide acts with the purpose to exterminate all or part of a national, ethnic, racial, political or religious group or a group with a specific worldview. There are two important differences: the first is that international law acts prohibit intentional conduct while Article 118 prohibits purposeful conduct. The second difference is a much narrower definition of groups protected by international regulations. They do not protect a political group and a group with a certain worldview. This study analyses the consequences of this distinction, in particular the possibility of classifying the conduct aiming against a political group and a group with a particular worldview.

The accuracy of the crime of genocide in the bill of kuhp 2019 according to human rights regulations

With regulations regarding human rights that have been regulated, norms and institutions should be able to protect humans and their rights to life so that they do not live under threat. Mainly, because the crime of genocide has been regulated by various international human rights instruments like the International Criminal Tribunal for Rwanda (ICTR), the 1948 Genocide Convention, and to 1988 Rome Statute on International Criminal Court. But facts show that cases regarding the crime of genocide are still happening. The Criminal Code as a law adopted from the Dutch-herited Criminal Code requires an appropriate codification between the awareness and legal needs of the Indonesian nation, thus requiring a new criminal arrangement to replace the old regulation. The 2019 RKUHP then emerged as a solution, but there are still many ambiguous article formulations that make the 2019 RKUHP still have to be reviewed. An example is the article regarding the crime of genocide in Article 598 of the 2019 RKUHP. Some of the weaknesses of the article are in things such as the fall of authority over the implementation of a crime and one of its regulations that the convict gets a pardon or amnesty written in Article 140. If the crime of genocide remains in the 2019 RKUHP, then a number of revisions must be made by reviewing the Rome Statute so that there is no expansion of the meaning in the article regarding the crime of genocide.

APPRAISAL OF INTERNATIONAL CRIMINAL COURTS: LESSONS FOR THE GAMBIA ON JAMMEH’S ALLEGED CRIMES

This research is determined to present an appraisal of International Criminal Tribunal for Rwanda (hereinafter referred to as ICTR) from an international law perspective in their quest to serve justice after the perpetration of the heinous atrocities of genocide in 1994 in Rwanda and other criminal tribunals and courts. It examines the failure of the international community to intervene, the raison d’être of ICTR as the main tribunal in this research and its fate. It focuses on the national mechanisms and the need for The Gambia to achieve justice for victims of the former President, Yahya Jammeh by reflecting on Rwanda. These findings are used to gauge The Gambia’s Truth, Reconciliation and Reparations Commission’s (hereinafter referred to as the TRRC) recommendations and The Gambia’s white paper on Jammeh’s alleged crimes. It examines the violation of human rights, the prospects of this white paper and my perspective on possible mechanisms for social justice, integration and cohesion in The Gambia. This research, therefore, finds out that a hybrid court led by The Gambia and supported by judges in Africa is quite relevant to dealing with these alleged crimes because it is established with the aim of addressing this issue of Jammeh’s alleged human rights violations. This is so when The Gambia liaises with the African Union and the Economic Community of West African States to strengthen this hybrid court by providing this court with judges of outstanding legal acumen in hearing cases of such.