The International Criminal Tribunal for Rwanda

The International Criminal Tribunal for Rwanda (ICTR) was established in November 1994 by Security Council Resolution 955 to bring to justice those responsible for genocide and serious violations of humanitarian law in Rwanda between 1 January and 31 December 1994. The Tribunal has jurisdiction over any violation within Rwanda during that period as well as jurisdiction over any breach of humanitarian law committed by a Rwandan citizen in neighboring territories. The Tribunal is based in Arusha, Tanzania, and the Office of the Prosecutor is in Kigali, Rwanda. The ICTR, like the International Criminal Tribunal for Yugoslavia (ICTY), operates as an organ of the Security Council, completely independent of the domestic government. Because it functions as part of the United Nations system, the head of the Tribunal is required to provide annual reports to the General Assembly and the Security Council.

From its inception, the ICTR has met opposition from the Rwandan government. The RPF (Rwandan Patriotic Front) led government disagreed with the short period of time in which acts of genocide are considered to have occurred. The goverment claims that the genocide preceeded the January 1 start date of the Tribunal's authority and that those responsile for violations of humanitarian law before 1 January should also be held responsible. The government also opposed the idea of Rwandan criminals serving their sentences outside the country and wants them to serve their time in Rwandan jails. Some Rwandan officials have also called for the death penalty to be applied to those convicted of genocide. Citing international conventions on human rights, the United Nations has refused this demand.

The ICTR and Sex Crimes

Articles 2-4 of the ICTR Statute allow for the prosecution of some sex and gender crimes. Individuals can be held responsible at the ICTR for rape, forced prostitution and other forms of serious sexual violence when such acts are committed as part of a widespread or systematic attack against a civilian population on national, political, ethnic, racial, or religious grounds.

As of May 1998, the ICTR had indicted 35 persons for genocide and war crimes. The indictees include Jean Kambanda, the former Interim Prime Minister of Rwanda.

Statute of the International Criminal Tribunal for Rwanda

United Nations Website for the International Criminal Tribunal for Rwanda