Jurisprudence of United Nations International Criminal Tribunal for Rwanda

The 1994 genocide in Rwanda remains enshrined in the collective mind of the world as a tragic example of the horrors that humanity can inflict upon humanity. Following the genocide, the United Nations moved to create the first international tribunal since Nuremburg to try those alleged to have been at the centre of the genocide: the International Criminal Tribunal for Rwanda (ICTR). This article aims to examine the historical context behind the build up to the genocide, what occurred during the genocide and what events took place afterwards. The article goes on to analyze the creation of the ICTR and the concepts and theories behind its inception. Finally, the article examines some of the law emerging from the ICTR including its groundbreaking jurisprudence on rape and free speech. Genocide ranks top on the hierarchy of international criminal violation. There are 4 protected groups (National, ethnic, racial, and religious). There must be the clear intention to destroy a protected group in whole or in part. This article summarizes how to prove the genocidal intent. Crime Against Humanity should be committed as part of the widespread or systematic attack against any civilian population on national, political, ethnic, racial or religious grounds. The ICTR has contributed to the development and understanding of genocide law. (Rape was recognized as a crime of Genocide. Direct and public incitement by speech, slogan, article, was held to be an act of genocide). This article also provides a concise overview of superior responsibility and war crimes.