International Criminal Tribunal Research Articles

‘Is It Too Late Now to Say Sorry?’

Abstract This article explores the use of remorse as a source of leniency at international criminal tribunals. It outlines the difficulties that beset international tribunals’ attempts to develop a clear, consistent conceptualization of the idea of remorse. Using a range of perspectives, it offers ways forward in terms of both comprehending remorse, as experienced by perpetrators of international crimes, and incorporating remorse into the present international criminal legal framework. In particular, it analyses how sincere expressions of remorse within the international criminal courtroom can signal and produce transformative effects for different players operating in the terrain of international criminal justice.

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.

The Admission of New Prosecutorial Evidence in International Criminal Retrials

Abstract On 31 May 2023, the Appeals Chamber of the International Residual Mechanism for Criminal Tribunals (IRMCT) delivered its judgment in Stanišić and Simatović, marking the conclusion of the first full retrial in the history of international criminal law and providing occasion to reflect on how retrials before the International Criminal Court and other international criminal tribunals ought to be conducted. The focus of this article pertains to the Trial Chamber’s approach to the admissibility of new prosecutorial evidence during the course of the retrial, and specifically, its decision to exclude all new prosecutorial evidence from the scope of the retrial, unless exceptional circumstances justified its admission. This article questions whether the adoption of this exclusionary rule was a valid exercise of the Trial Chamber’s discretion and, from a normative standpoint, whether such a decision was and remains a desirable approach to the admissibility of prosecutorial evidence in international criminal retrials. This article argues that despite the strong and persistent objections raised by the prosecution during the Stanišić and Simatović retrial, the exclusionary rule constituted a valid exercise of the Trial Chamber’s powers and could serve as a blueprint for the admissibility of new prosecutorial evidence in potential future retrials.

Cities and destroying ‘the other’

The aim of this article is to show that cities are very often attacked because of their characteristic of ‘otherness’. ‘The other’ may be understood as other religion, other ethnicity, other culture, other political views or other people which is closely related to the idea of diversity, heterogeneity, pluralism and density as essential features of contemporary cities. The author examines theories explaining motives for destroying cities like the latter being a part of genocide or a distinct theory of urbicide. Finally the author proposes looking at the destruction of cities through the lens of destroying ‘the other’ and the possibility of a community. The research methods used include desk research and formal-legal analysis. Formal-legal analysis focuses on the jurisprudence of the International Criminal Tribunal for the former Yugoslavia and the desk research on the relevant literature at the intersection of urban studies and international studies.

Victims as ‘Means to an End’: An Investigation into the Construction of CRSV Victimhood in the ICTY

Law has the power to pronounce truth. In the context of conflict-related sexual violence (CRSV), this paper illustrates law’s ability to define,legitimise and privilege some narratives of victimhood, while also misinterpreting, silencing, and suppressing others. Looking at courtroom transcripts from the International Criminal Tribunal for the former Yugoslavia (ICTY), this pilot study investigates the witness testimonies of four Bosniak women who, during the Yugoslav Wars, were detained in camps and systematically raped by Serbian soldiers. A contextualised, micro-level, qualitative approach is taken to analyse their testimonies, looking specifically at the courtroom process, conduct between actorsand narration of events. Through victim-witnesses’ words the wider structures and individual realities of CRSV are brought to light, with their experiences revealing ethnic tensions at play, ideas of nation-widejustice, and a strong, determined character in victims. Yet this paper argues that such narratives of victims were not acknowledged or understood by either the defence or the prosecution, suggesting that the tribunal failed to gauge the reality of CRSV. Given law’s power, and therefore the ICTY’s power, to pronounce truth, this study is crucial for international legal bodies going forward to improve the comprehension, prosecution, and, ultimately, the interruption of CRSV.

The Prosecutor v Dominic Ongwen: An Examination of the Role of Traditional Justice Mechanisms in International Criminal Justice

Abstract This paper examines whether traditional justice mechanisms have a place in international trials where the accused has committed core international crimes; through the lens of The International Criminal Court’s approach in the Ongwen case. Trial Chamber ix declined to incorporate the mato oput traditional justice mechanism of the Acholi people of Northern Uganda. The paper argues that although concerns have been raised regarding the application of traditional justice mechanisms in the aftermath of mass atrocities, they can still play a significant role alongside prosecutions for international crimes before international criminal tribunals and the International Criminal Court. It recommends ways in which traditional justice mechanisms can be incorporated into proceedings before the icc and concludes that if the Court is to be a truly universal Court as was envisaged at its inception it ought to holistically consider the issues brought before it, particularly from the Global South.

The Relationship Between Public International Law And Domestic Law In The International Perspective and the Effects on it due to Globalization

This research, titled "The Relationship between Public International Law and Domestic law in the Perspective of Treaties and International Caselaw and the Effects of Globalization - Analytical Study-" tries to highlight the relationship between public international law and domestic law from the point of view of international treaties and international caselaw, through the judgments of international arbitration, Permanent Court of International Justice and the International Court of Justice, as well as the positions of international criminal tribunals, and it examines the changes in this relationship as a result of the effects of globalization.
 Through this endeavor, it was concluded that the position of international treaties has been and continues to prevail over domestic laws when there is a conflict or collision between their rules, and along with international legal provisions, there is an abundant caselaw that have supported the position of international treaties in this regard. Moreover, globalization has affected the relationship between public international law and domestic law by trying to unify international legal rules and domestic laws, and then work to build a unified legal block that is not assigned to a specific geographical spot.

Subjective Side (Mens Rea) of Aiding and Abetting War Crimes and Crimes Against Humanity in the Context of the Alien Tort Statute

The American Alien Tort Statute (ATS) is a landmark instrument on a global scale, since, based on its provisions, plaintiffs in American courts have sought compensation for human rights violations committed on other continents. Many of these cases involved war crimes and crimes against humanity. And since such large-scale crimes are almost never committed by a single perpetrator, one of the key issues before the courts in these cases was the question of establishing standards of liability for aiding and abetting such crimes. In considering these cases, the American courts based their decisions on the provisions of international law and thus developed a substantial body of case law, the study of which will undoubtedly be valuable in light of the legal challenges posed by the war in Ukraine. The objective of the article is to examine the requirements for the mens rea of aiding and abetting war crimes and crimes against humanity through the prism of the case law applying the Alien Tort Statute. From a methodological point of view, the study focuses on the analysis of the case law of American courts through the prism of international law. An important component of the research is to determine the contents of customary international law, the provisions of which are subject to separate proof in the relevant cases. The article itself is a part of comparative legal research with the aim of drawing lessons that could be used to solve the complex legal problems arising from the war in Ukraine. The article examines two standards of aiding and abetting used by American courts in cases under the Alien Tort Statute, namely, the purpose standard and the knowledge standard. The author examines the American precedents in which the courts have used one or the other standard. It is argued that the origins of the disagreement should be sought in international law, since American courts in the relevant category of cases rely on international law. The author analyses the arguments of Judge Katzmann, whose position forms the basis for all subsequent decisions applying the purpose standard. The critical analysis of Judge Katzmann's arguments is complemented by a thorough examination of the practice of international criminal tribunals - from the Nuremberg Tribunal to the later tribunals for Yugoslavia, Rwanda and Sierra Leone. The author concludes that the standard of knowledge is predominant and should be considered a rule of customary international law and should define the criteria of liability for harm caused by gross violations of internationally recognised human rights.

Bridging the Gap: Reparations in Refugee Camps

AbstractThe commission of large-scale international crimes (namely, crimes against humanity, war crimes, and genocide) could result in populations fleeing from their homes, seeking protection. There is an increasing number of victims of these crimes who have been forcibly displaced and currently live in settlements widely known as refugee camps. Victims of international crimes have the right to receive reparations for the harm they have suffered. This means that international criminal tribunals, particularly the International Criminal Court, will have to consider reparations for victims in refugee camps in the near future when the victims seek to enforce their right to reparations. To date, the delivery of reparations in these contexts has not been analysed adequately in the academic literature; this is the gap that this article aims to discuss. The article explores the extent to which it is suitable and feasible to deliver reparations in refugee camps. One of the main arguments is that living in a refugee camp could compound the crime-related harm already sustained by victims. This feature, along with the instability of the situation of victims and the infrastructure of the camp, constitute key characteristics of refugee camps and should each be taken into consideration in delivering reparations. As this article suggests, the instability of the victims’ situation will inform which modalities of reparations are suitable to be delivered in the context of a refugee camp. Subsequently, the compounded harm and the camp's infrastructure will inform which particular reparative measures, corresponding to each modality, will be suitable and feasible – respectively – to be delivered. The methodology includes desk-based and qualitative research and analysis of primary and secondary sources and case studies.

Evaluating the Individual Criminal Responsibility of Gukurahundi Perpetrators under International Law

The aim of this article is to evaluate whether individual criminal responsibility (ICR) is attributable to perpetrators of the Gukurahundi atrocities committed in Matabeleland and Midlands, Zimbabwe, between 1983 and 1987. The criminal liability of Gukurahundi perpetrators is evaluated against the legal requirements garnered from conventions, jurisprudence of international criminal tribunals and the work of leading scholars. Firstly, the article provides an overview and historical development of the concept of ICR under international law. Second, it examines the theories of criminality under international law. Third, it analyses the forms and modalities of ICR including relevant specific crimes. Fourth, it evaluates the individual and superior responsibility of Gukurahundi perpetrators. A crucial feature of international criminal law is the legal obligation to investigate, prosecute and punish perpetrators of international crimes. The article therefore explores the different ways in which ICR could be attributed to perpetrators of the Gukurahundi international crimes. The author sets out to advance knowledge and understanding of possible mechanisms to hold perpetrators of the Gukurahundi atrocities criminally accountable under international law.

Closing cases with open-source: Facilitating the use of user-generated open-source evidence in international criminal investigations through the creation of a standing investigative mechanism

Abstract Digital open-source evidence has become ubiquitous in the context of modern conflicts, leading to an evolution in investigative practices within the context of mass atrocity crimes and international criminal law. Despite its extensive promulgation, international criminal tribunals have had few opportunities to address the admissibility of user-generated open-source evidence. Through semi-structured interviews with experts and analyses of primary and secondary sources, this article examines the current standards and practices governing the use of user-generated open-source evidence. Current practices illuminate a number of gaps in the realm of digital open-source evidence in international criminal law. This article posits the establishment of a standing international, investigative mechanism as a solution to a need for increased standardization and co-ordination within the realm of user-generated open-source evidence. By standardizing the collection and use of such evidence, investigative bodies will be prepared to more effectively serve the international justice community.

Nuremberg and Grotius’s Scholarship as Non-Grotian Moments: On Novelty-Bolstering in International Law

Abstract Since its 1980s coining by Richard Falk, the ‘Grotian Moment’ concept has garnered popularity in international law discourse, denoting a rapid, paradigm-shifting development in international law. This concept builds upon a prevalent recollection of two past events as such paradigm-shifts. The first is, obviously, the ‘original’ Grotian Moment, anointing Grotius as the Father of International Law, mainly for publishing, in 1625, his ground-breaking treatise, De Jure Belli ac Pacis, which is said to had brought about a momentous paradigm-shift that gave rise to modern (statist and secular), or even the first-ever-effective, international law. The second event is the post-ww2 Nuremberg international trial. Presumably, from its mid-seventeenth-century birth to Nuremberg, international law was starkly statist, and so individuals had generally not been its subjects. This, among other things, meant that international criminal law (icl) was not acceptable. Nuremberg is, therefore, celebrated as the first-ever international criminal tribunal, as icl’s birthplace and even more generally as the turning-point in international law’s attitude towards the individual. Simply put, Nuremberg is considered the prototype of a modern Grotian Moment. However, this paper shows that neither 1625 nor 1945 were truly Grotian Moments (their significance notwithstanding) and present’s likely causes for those myths. The paper further reveals that these myths, as well as the current embrace of the ‘Grotian Moment’ concept, are all manifestations of a larger, understudied phenomenon: that internationalists, evermore obsessed with perceiving themselves as cutting-edge, too often satisfy that fix by erasing the past.

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.

A Supporter in Vienna: Simon Wiesenthal and the War in Bosnia

Abstract The author gives an inventory of Simon Wiesenthal’s advocacy for Bosnia during the 1992–1995 war. Though Wiesenthal played an active role in speaking up for Bosnia, his activism has been largely neglected in the existing literature. Based on primary sources at the Simon Wiesenthal Archive in Vienna, this article pieces together the story of how the famed Nazi hunter supported Bosnia-Herzegovina. Wiesenthal acted by speaking up about the atrocities in Bosnia, writing letters to influential decision-makers, and keeping Bosnia on the agenda. He supported a greater and more assertive American involvement to end the war and was a strong advocate of a UN war crimes tribunal, which materialized as the International Criminal Tribunal for the former Yugoslavia (ICTY). By lending his voice and moral stature, Wiesenthal helped shape public opinion in favour of a more assertive international reaction to the war.

Processing War Crimes in front of National Courts in the Region – Between International Obligations and Real Politics

The fight against impunity for war crimes is one of the basic principles of international law. The criminal prosecution of the perpetrators of these crimes stems from international obligations that states have for the purpose of establishing facts and truth as the basis for establishing the rule of law. The right to the truth as a basic guarantee against repetition, the obligation to prosecute serious crimes under international law and the right to a fair trial, the right to effective legal remedies and reparations, and the obligation to remember and memorialize, are obligations prescribed to states by numerous international legal instruments. A fundamental contribution to the fight against impunity for crimes committed on the territory of the former Yugoslavia in the armed conflicts of the nineties of the twentieth century was made by the International Ad Hoc Criminal Tribunal for the former Yugoslavia. His legal legacy is significant both in the field of determining responsibility for crimes and in the development of international law. With the strategy for ending the work of the International Criminal Tribunal for the former Yugoslavia, the obligation to process war crimes was placed under the jurisdiction of the national courts of the countries in the region. The judicial authorities in the region, with the support of the International Residual Mechanism for Criminal Courts, the successor of the International Criminal Tribunals for the former Yugoslavia and Rwanda, took on the responsibility of prosecuting war crimes committed during the armed conflicts of the 1990s in the territory of the former Yugoslavia, and for this purpose specialized departments were established courts and prosecutor's offices for processing war crimes. However, numerous suspects of high or middle military and civilian chain of command who participated in crimes, most of which were committed on the territory of Bosnia and Herzegovina, and for which their superiors were convicted before the Hague Tribunal, have not yet been prosecuted, that is, the sentences have been carried out. The national courts in the region, which have the obligation to ensure the implementation of the international principle of the fight against impunity and to continue the work of the international judiciary, have proven to be ineffective in that area, if not in the service of realpolitik. Numerous high-ranking war crime suspects avoid criminal responsibility by fleeing to neighboring countries where they have or have acquired dual citizenship. By abusing the institution of extradition, impunity has been granted to those suspected of serious violations of international law. In addition, by unfoundedly applying the institute of universal jurisdiction in the prosecution of war crimes, national courts not only ignore the jurisprudence of international courts, but also contribute to the revisionism of established facts. The lack of regional cooperation in the prosecution of war crimes, despite numerous agreements signed for this purpose, the non-recognition of judgments of the courts of neighboring states in the region, are problems that continue to prevent the acceptance of facts and truth as the basis of a guarantee of non-repetition. Moreover, the facts established in the judgments before the international judiciary are the subject of institutional denial and revisionism in the territories of the states of the former Yugoslavia that participated in armed conflicts in the 90s. Negationism and revisionism, deeply institutionally rooted in the post-war societies of the former Yugoslavia, their toleration and approval, as well as the ineffective work of the national judiciary, led to the phenomenon of glorification of crimes and war criminals in the region. Through the reports of relevant international and national institutions and examples from court practice, this work aims to point out the obligations and key shortcomings in the work of national courts in the region of the former Yugoslavia and the problems of regional cooperation in the prosecution of war crimes.

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.

Comparison of the Western and Traditional African Methods of Conflict Resolution on the Example of International Criminal Tribunal of Rwanda (ICTR) and Gacaca Method in the Context of the 1994 Rwanda Genocide

Local traditions of conflict resolution have been overlooked since the dominant methods of dealing with these issues are often centered on Western approaches to conflict resolution. This highlights the urgent need to prioritize engagement with indigenous knowledge and processes, particularly in conflict resolution and broadening our perspectives. While conflicts continue to rise in Africa(post-independence), we need to revisit the conflict resolution approaches that incorporate local traditions embedded in various African communities. The article highlights African approaches towards conflict resolution in Sub-Saharan Africa, e.g., such methods as Gacaca, in comparison with the Western concepts of conflict resolution. The author’s extensive experience and fascination with African traditions also makes it possible to introduce readers to various issues of peace studies of African origins. The qualitative methods with a reliance on various reports from Western and African peace and security experts as well as subject literature discourses on African indigenous conflict resolution methods have been used for the purposes of the article. The author’s analysis is also based on the interviews. Interviews were conducted to evaluate Gacaca courts and the procedures which included confessions, punishment or forgiveness then followed by reconciliation and integration into the society. The interviews included the victims of the genocide, a retired journalist, a former member of the Rwandan government, and a former employee of a non-governmental organization.

‘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.