Wednesday 5 March 2014

AN ASSESSMENT OF THE SUITABILITY OF THE I C T OF RWANDA AS A CRIMINAL JUSTICE RESPONSE TO THE GENOCIDE OF 1994


Abstract: In this essay we are going to assess the suitability of the International Criminal Tribunal of Rwanda as a criminal justice response to the genocide of 1994 in which we will considered some clarification of concept such as I C T and also the meaning of Genocide and we will situate the essay on a theory in which frustrations aggression theory will be adopted and then a brief look at the Rwanda genocide and the suitability of the I C T to this genocide.


INTRODUCTION

As the smallest country in Africa with the largest population, 7 million, Rwanda has had to overcome famine, overpopulation, and, most recently, a massive genocide which reduced their population by a huge amount. The country of Rwanda has had an interesting history due to their two supposed ethnic groups, the Hutus, the majority, and the Tutsis, who consist of about 15-18% of the population. The Tutsis were more prominent in the royalty and hierarchy of the country but most of them were still peasants. The Hutus were the farmers and the Tutsis ran the cattle. During the time of European Colonization, the Belgians came to Rwanda and decided to further the gap between the peaceful Hutus and Tutsis. The Belgians saw the Tutsis as more like themselves; therefore, they took them under their wing and educated them and brought them up to be the upper echelon of society. The Europeans created tribal cards to differentiate between the two groups. Believing that they were just furthering what the Tutsis had created, the Belgians created a class system. Due to their presence, the Belgians made the discrimination between the two groups greater and yet the Hutus and Tutsis were still living together peacefully. The Hutus, having no power, accepted the role of the oppressed.
            In 1962, Rwanda gained their independence from Belgium. The Europeans, however, left the country in a state of discord due to the majority of Hutus who were able to gain back their power from the Tutsis, who were viewed as feudal overlords. Soon the Party of the Hutu Emancipation Movement (PARMEHUTU) came into power. The once oppressed Hutus decided to take revenge and many Tutsis were killed. 200,000 Tutsi refugees fled to neighboring country to escape the violence that was taking place in their country.


CLARIFICATION OF TERMS
What is I C T: The International Criminal Tribunal (commonly referred to as ICT), is a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression, which are defined as violations of Common Article Three and Additional Protocol II of the Geneva Conventions (dealing with war crimes committed during internal conflicts).
What is Genocide: Genocide is a crime of destroying or conspiring to destroy a group of people because of their ethnic, national, racial, or religious identity. Genocide is a crime on a different scale to all other crimes against humanity and implies an intention to completely exterminate the chosen group. Genocide is therefore both the gravest and the greatest of the crimes against humanity.
             The United Nation’s Convention on the Prevention and Punishment of the Crime of Genocide defined genocide as “Any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such: Killing members of the group; Causing serious bodily or mental harm to members of the group; Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; Imposing measures intended to prevent births within the group and Forcibly transferring children of the group to another group (http://en.wikipedia.org).

THEORETICAL FRAMEWORK
Frustration-aggression theory seems to provide the best framework for this essay; and the frustration-aggression theory is found in the works of John Dollard and his associates in pioneering the work on the subject (Dollard et al., 1939).  Political scientist who have employed this approach as general bases for the explanation of political violence are among others; James C. Davios, Ted Gurr, Ivo and Rosalind Feierabend, and Douglas BWY (Midlarsky, 1975).
          This theory presents the idea of relative deprivation as a perceived disparity between value expectation and value capabilities. Or lack of a need satisfaction defined as a gap between aspiration and achievement (Midlarsky 1975). Simply put, when there is a gap between the level of value expectation and the level of value attainment, due to lack of capability to establish a congruence between both levels, tension builds up due to the pressure of an unfulfilled aspiration or an unsatisfied urge or need. This, when not arrested in time, leads to frustration. Frustration, when it builds up, leads to the rising up of suppressed emotions of anger, which is often directed against the party considered to be the source of deprivation of satisfaction. This strong emotion finally finds an outlet through aggressive and invariably violent disposition towards the environment. According to Akwen (2011), the frustration Aggression theory state that Aggression is caused by Frustration. When someone is prevented from reaching his target, he becomes frustrated. This frustration can then turn into aggression when something triggers it.
          This theory is important for the understanding of the Rwanda genocide, because Rwanda was made up of two major ethnic group which are the Hutu and the Tutsi and the Hutu majority seized power and reversed the roles, oppressing the Tutsis through systematic discrimination and acts of violence, this made the Tutsis to be deprived and feel they are being marginalize by the Hutu in which the revolve and the outcome led to their civil war which is generally refers to the Rwandan genocide of 1994.
THE RWANDAN GENOCIDE OF 1994
According to Gérard (2009) Rwanda is one of the smallest countries in Central Africa, with just 7 million people, and is comprised of two main ethnic groups, the Hutu and the Tutsi. Although the Hutus account for 90 percent of the population, in the past, the Tutsi minority was considered the aristocracy of Rwanda and dominated Hutu peasants for decades, especially while Rwanda was under Belgian colonial rule.
            Following independence from Belgium in 1962, the Hutu majority seized power and reversed the roles, oppressing the Tutsis through systematic discrimination and acts of violence. As a result, over 200,000 Tutsis fled to neighboring countries and formed a rebel guerrilla army, the Rwandan Patriotic Front. In 1990, this rebel army invaded Rwanda and forced Hutu President Juvenal Habyalimana into signing an accord which mandated that the Hutus and Tutsis would share power.
            According to Gérard (2009).Ethnic tensions in Rwanda were significantly heightened in October 1993 upon the assassination of Melchior Ndadaye, the first popularly elected Hutu president of neighboring Burundi. A United Nations peacekeeping force of 2,500 multinational soldiers was then dispatched to Rwanda to preserve the fragile cease-fire between the Hutu government and the Tutsi rebels. Peace was threatened by Hutu extremists who were violently opposed to sharing any power with the Tutsis. Among these extremists were those who desired nothing less than the actual extermination of the Tutsis. It was later revealed they had even drawn up lists of prominent Tutsis and moderate Hutu politicians to kill, should the opportunity arise.
            In April 1994, amid ever-increasing prospects of violence, Rwandan President Habyalimana and Burundi's new President, Cyprien Ntaryamira, held several peace meetings with Tutsi rebels. On April 6, while returning from a meeting in Tanzania, a small jet carrying the two presidents was shot down by ground-fired missiles as it approached Rwanda's airport at Kigali. Immediately after their deaths, Rwanda plunged into political violence as Hutu extremists began targeting prominent opposition figures who were on their death-lists, including moderate Hutu politicians and Tutsi leaders. The killings then spread throughout the countryside as Hutu militia, armed with machetes, clubs, guns and grenades, began indiscriminately killing Tutsi civilians. All individuals in Rwanda carried identification cards specifying their ethnic background, a practice left over from colonial days. These 'tribal cards' now meant the difference between life and death.
            Amid the onslaught, the small U.N. peacekeeping force was overwhelmed as terrified Tutsi families and moderate politicians sought protection. Among the peacekeepers were ten soldiers from Belgium who were captured by the Hutus, tortured and murdered. As a result, the United States, France, Belgium, and Italy all began evacuating their own personnel from Rwanda. However, no effort was made to evacuate Tutsi civilians or Hutu moderates. Instead, they were left behind entirely at the mercy of the avenging Hutu. Back at U.N headquarters in New York, the killings were initially categorized as a breakdown in the cease-fire between the Tutsi and Hutu. Throughout the massacre, both the U.N. and the U.S. carefully refrained from labeling the killings as genocide, which would have necessitated some kind of emergency intervention.
            On April 21, the Red Cross estimated that hundreds of thousands of Tutsi had already been massacred since April 6 - an extraordinary rate of killing. The U.N. Security Council responded to the worsening crisis by voting unanimously to abandon Rwanda. The remainders of U.N. peacekeeping troops were pulled out, leaving behind a only tiny force of about 200 soldiers for the entire country. The Hutu, now without opposition from the world community, engaged in genocidal mania, clubbing and hacking to death defenseless Tutsi families with machetes everywhere they were found. The Rwandan state radio, controlled by Hutu extremists, further encouraged the killings by broadcasting non-stop hate propaganda and even pinpointed the locations of Tutsis in hiding. The killers were aided by members of the Hutu professional class including journalists, doctors and educators, along with unemployed Hutu youths and peasants who killed Tutsis just to steal their property.
            Many Tutsis took refuge in churches and mission compounds. These places became the scenes of some of the worst massacres. In one case, at Musha, 1,200 Tutsis who had sought refuge were killed beginning at 8 a.m. lasting until the evening. Hospitals also became prime targets as wounded survivors were sought out then killed. In some local villages, militiamen forced Hutus to kill their Tutsi neighbors or face a death sentence for themselves and their entire families. They also forced Tutsis to kill members of their own families.
            By mid May, an estimated 500,000 Tutsis had been slaughtered. Bodies were now commonly seen floating down the Kigara River into Lake Victoria. Confronted with international TV news reports depicting genocide, the U.N. Security Council voted to send up to 5,000 soldiers to Rwanda. However, the Security Council failed to establish any timetable and thus never sent the troops in time to stop the massacre. The killings only ended after armed Tutsi rebels, invading from neighboring countries, managed to defeat the Hutus and halt the genocide in July 1994. By then, over one-tenth of the population, an estimated 800,000 persons, had been killed (Gérard, 2009).
HOW SUITABLE IS THE I C T OF RWANDA IN RESPONSE TO GENOCITE OF 1994
In November 1994 the Security Council of the United Nations adopted Resolution 955 creating the International Criminal Tribunal for Rwanda. The tribunal was authorized to prosecute individuals responsible for genocide and other serious violations of humanitarian law during the 1994 civil war in Rwanda. Another express purpose of the tribunal is to encourage the process of national reconciliation in Rwanda and the maintenance of peace in the region.
            In the aftermath of the 1994 Rwandan genocide, both the international community and the government of Rwanda have placed substantial emphasis on the prosecution of alleged perpetrators, in part because they hope that justice will promote social reconstruction. With trials at the International Criminal Tribunal for Rwanda (ICTR) based in Arusha, Tanzania, in national courts in Belgium and Switzerland, in classical courts in Rwanda and in an innovative, local judicial system, gacaca, the Rwandan genocide has received greater judicial attention than any other case of mass atrocity in recent history. Because of the military defeat of the regime that carried out the genocide and the willingness of many countries to support judicial processes, a very substantial number of the alleged perpetrators have been apprehended and are awaiting trial. Hence, Rwanda might provide an excellent case for determining whether trials do in fact contribute to reconciliation.
            The resolution creating the ICTR mandated two purposes for the tribunal. First, the Security Council determined that the crimes committed in Rwanda "constitute a threat to international peace and security" and "that the establishment of an international tribunal … will contribute to ensuring that such violations are halted and effectively redressed." By holding trials, the international community would make clear that, whatever the intentions of individual states; the world community of states would not allow the authors of such gross violations of human rights to go unpunished. Second, the resolution called upon the ICTR to help bring peace and reconciliation to Rwanda. This mandate differs from that of the ICTY, where the contributions to peace and reconciliation were discussed in Security Council debates but not specifically included in the resolution that established the tribunal.
            Having created the ICTR, the Security Council did little to ensure its successful operation. The tribunal was made an organ of the United Nations whose bureaucracy was not only heavy and slow-moving but also unfamiliar with the demands of judicial operations. The U.N. failed initially to give the tribunal a regular appropriation and obliged it to function on the basis of short-term allocations, which meant that it could only hire staff on three-month contracts. As a result, the tribunal had trouble attracting candidates to work under such demanding conditions in a country still recovering from war. Recruitment followed UN procedures, meaning they were lengthy but not necessarily suited to choosing the most appropriate candidate. Posts often took more than a year to fill, and many candidates were hired, even for posts of great responsibility, without ever being interviewed. Many prosecutors came from academia or human rights organizations with little or no experience with criminal prosecutions. Similarly, investigators, drawn largely from police forces from around the world, had no experience investigating crimes of such magnitude. Virtually none of the tribunal’s staff, at least in the early years, knew anything about the history and culture of Rwanda.
            The first trial started in October 1996. In May 1998 former Rwandan Prime Minister Jean Kambanda pleaded guilty to multiple charges of genocide and crimes against humanity and was sentenced to life imprisonment. Jean-Paul Akayesu, who was tried and found guilty of genocide and crimes against humanity, was also sentenced to life imprisonment. Another man, Omar Serushago, was sentenced to 15 years in prison for similar crimes. These convictions marked the first instances of an international court finding individuals guilty of the crime of genocide. (http://en.wikipedia.org).

CONCLUSION
In conclusion, the consequences in terms of the International Criminal Tribunal for Rwanda are not disastrous, because to the extent the chambers refuse transfer, they retain jurisdiction and will conduct the trials themselves. For some judges, this means many more months of hardship, living away from home and far from their families. For others, it provides a welcome additional period of time as a senior United Nations official, as for the international campaign to confront impunity, the results are more dramatic and unacceptable. This is because the transfer decisions had a direct impact upon the willingness of state to cooperate in extra-diction towards Rwanda. A significant number of genocide suspects remain at large sheltered from prosecution, as an indirect and certainly unintended consequence of the decision by the International Criminal Tribunal.
REFERENCES
Akwen, G. T. (2011). Theories of International Relations (An introductory text), U S A: Lambert          Academic Publishing.
Dollard, J et al (1939).  Frustration and Aggression, New Haven: Yale University Press.
Midlarsky, M (1975). On War: Political Violence in the International System, New York:          Random House.
Gérard, P. (2009). Africa's World War, Oxford: Oxford University Press.
http://en.wikipedia.org/wiki/Genocide. Retrieve on the 10th of May, 2013.


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