NAME OF MECHANISM

International Criminal Tribunal for Rwanda

PERIOD OF OPERATION

8 November 1994 – present

MANDATE AND OPERATIONS

Mandate: The International Criminal Tribunal for Rwanda (ICTR) was established by United Nations Security Council Resolution 955 on 8 November 1994 for the prosecution of persons responsible for genocide and other serious violations of international humanitarian law committed in Rwanda and neighbouring states between 1 January 1994 and 31 December 1994, particularly those who bear the greatest responsibility for the crimes.

Staff: The United Nations General Assembly authorised 693 posts for 2010 and 628 posts for 2011. Overall, 77 nationalities are represented at the ICTR.

Structure: Three Trial Chambers and an Appeals Chamber, each composed of 16 judges elected by the General Assembly.

Budget: US$500 million, but there are continuous calls for more funds. For 2010–2011, the General Assembly approved initial appropriations for ICTR of US$245,295,800.

RESOUCES

International Criminal Tribunal for Rwanda official website

RESULTS

In 2011, the ICTR delivered three judgments involving 11 accused, including two generals. To date, the tribunal has completed 42 cases. One detainee is awaiting trial, six cases are being tried and 17 cases are on appeal. Two detainees have been released due to their indictments being withdrawn and 10 detainees have been acquitted. Three of the cases before the ICTR have been transferred to domestic courts. Two of the accused died before being tried and 10 accused are still at large.

The tribunal has been lauded for breaking new legal ground by ruling that rape may constitute an act of genocide in the case of Jean-Paul Akayesu, who directed genocide in his area [NYT | 5 Sep 1998]. Victims have been critical, however, of the ICTR’s slow pace and expense, as well as its decision to acquit several accused [HR Brief | 20 Jan 2010]. The tribunal has also faced funding challenges and problems with apprehending suspects [IRIN]. While the United Nations began considering establishing the ICTR at the Rwandan government’s request, the government eventually voted against the tribunal and has since been seen as somewhat obstructive to its activities [ICRC | 31 Dec 1997].

BACKGROUND

The ICTR, based in Arusha, Tanzania, is the second ad hoc tribunal to be formed by the United Nations, following the establishment of the International Criminal Tribunal for the former Yugoslavia in 1993. The tribunal is trying those “most responsible” for the 1994 genocide, including those who incited people to genocide, and is operating at the same time as transitional justice mechanisms within Rwanda, particularly formal domestic courts and Gacaca courts.

SOURCES

[Human Rights Brief | 20 Jan 2010]
[International Committee of the Red Cross | 31 Dec 1997]
[IRIN]
[New York Times | 5 Sep 1998]