Research Guide to the Adjudication of Genocidal Crimes in Rwanda
Marta Prieto, J.D. Candidate, 2009, Nova Southeastern University
Updated 5/18/2009
Contents
a. Outline of sections
I. Overview
II. Introductory Texts
III. List of Key Abbreviations
IV. Dictionaries and Directories
V. Treaties and Conventions
VI. Principal Institutions involved
VII. Case Law
VIII. Selected Journals
IX. Secondary sources
X. Blogs
XI. Multimedia
XII. RSS feed
XIII. Tutorials
XIV. Research Guides
XV. Sample Research Question
XVI. Conclusion
XVII. Suggestions for further reading
1. Brief Overview
The purpose of this pathfinder is to provide its reader with the introductory tools needed in researching Rwanda’s response to the brutal crimes of genocide that were committed against its citizens in 1994. You will find various helpful and informative sources, including sites to tribunals established by Rwanda and the international community for the prosecution of perpetrators, as well as the body of law governing such proceedings. This pathfinder is only to be used as an informative source and should not be considered as an exhaustive or authoritative for all issues relating to Rwanda’s adjudication of genocidal crimes.
2. Introductory Text
a. Kasaija Phillip Apuuli, Procedural Due Process and the Prosecution of Genocide Suspects in Rwanda, Journal of Genocide Research, Volume 11, Issue 1, (March 2003), pp. 11-30 (providing an overview of the three governing bodies established for the purpose of prosecuting those suspected of committing genocidal crimes in Rwanda, and touches upon their shortcomings).
b. Linda Melvern, Conspiracy to Murder: The Rwandan Genocide (2006). (an informative book providing a historical account of the events leading up to the Rwandan genocidal crimes.)
c. Peter Uvin, Reading the Rwandan Genocide, International Studies Review, Vol. 3, No. 3 (Autumn 2001), pp. 75-99. (providing a critical view of the Rwandan genocide and the country’s response to the crimes that took place).
3. List of Key Abbreviations
a. International Criminal Tribunal for Rwanda – ICTR
b. International Criminal Court - ICC
c. Office of the High Commissioner for Human Rights – OHCHR
d. United Nations – UN
e. National Service of Gacaca Jurisdiction - NSGJ
4. Dictionaries and Directories
a. Samuel Totten, Paul R. Bartop & Steven L. Jacobs, Dictionary of Genocide, (2008).
b. EISIL.org – Electronic source for international law.
c. GlogaLex - An informative electronic research tool for international, foreign, and comparative law.
. d. HeinOnline – A collection of databases for legal research.
5. Treaties and Conventions
a. Convention on the Prevention and Punishment of the Crime of Genocide – treaty recognizing that genocide is a crime of international law.
b. Rome Statute of the International Criminal Court – body of law establishing the ICC.
c. Statute of the International Criminal Tribunal for Rwanda – statute establishing the ICTR’s authority in prosecuting genocidal crimes and other serious violations committed in Rwanda.
6. Principal Institutions involved
a. International Criminal Tribunal for Rwanda - Established by the Security Council “for the prosecution of persons responsible for genocide and other serious violations of international humanitarian law committed in theterritory ofRwanda betweenJanuary 1994 and December 1994.”
b. Gacaca Courts - The Organic Law on Gacaca Jurisdictions, which first took effect in 2001, (amended in 2004 and 2007) created Gacaca Courts to hear genocide related charges.
Ø The Organic Law on Gacaca Jurisdiction – outlines the governing body of law in gacaca proceedings
c. United Nations - an international organization with over 100 countries as member states.
d. Non-governmental Organizations –
Ø Human Rights Watch – organization that explores human right issues throughout the world
Ø Penal Reform International – critic in the manner proceedings are being handled
Ø Amnesty International – organization that analyzes international human rights issues and advocates issues such as women rights and due process.
7. Case Law
a. ICTR – provides status of cases, as well as the daily case minutes and the status of detainees.
b. Westlaw – (password protected) - All Databases > International/Worldwide Materials > Sub-Saharan Africa > Individual Country Materials > Rwanda (directs you to the ICTR site)
c. WorldLII – Categories > Countries > Rwanda > Courts & Case-Law (provides searches for case law under the ICTR as well as the Supreme Court of Rwanda.)
8. Selected Journals
a. Journal of Genocide Research – (scholarly journal focusing on such topics such as civil war and ethnic conflicts.)
b. The Journal of Modern African Studies - (scholarly journal focusing on African politics, economies, societies and international relations.)
c. African Journal of Legal Studies – (a peer-reviewed academic journal focusing on topics such as human rights in Africa.)
d. Journal of Refugee Studies – ( a scholarly journal focusing on the issues surrounding those that have been displaced from their homes due to conflicts.)
9. Secondary Sources
a. Books
Ø Christopher Taylor, Sacrifice as terror: The Rwandan genocide of 1994, Berg, 2001 (historical account of the tensions between the Hutus and Tutsis which ultimately led to genocide.)
Ø Paul Magnarella, Justice in Africa: Rwanda’s genocide, its courts and the UN Criminal Tribunal, Aldershot, Hants, England, 2000. (illustrates the adjudicatory entities implemented in prosecuting genocide.)
Ø Josias Semujanga, Origins of Rwandan genocide, Humanity Books, 2003. (background to the events that led up to the genocide.)
Ø Kingsley Chiedu Moghalu, Rwanda’s genocide: the politics of global justice, Palgrave Macmillan, 2005. (Describes the ramifications of Rwanda’s genocide on the international community.)
b. Journal Articles
Ø Scott Straus, How many perpetrators were there in the Rwandan genocide?, Journal of Genocide Research, Vol 6, No. 1 (March 2004) pp. 85-98
Ø David Newbury, Understanding Genocide, African Studies Review, Vol. 41, No. 1 (April 1998), pp. 73-77
10. Blogs
a. Rwandan Survivors blogspot – blog highlighting the personal accounts of Rwandans that survived the 1994 genocide
b. World News Blog – current events blog
c. WorldPress.com – provides links to various blogs regarding Rwanda
11. Multimedia
a. Flowers of Rwanda – documentary clips portraying the effect of Rwanda’ s genocide on its people.
b. Gacaca Courts – video highlighting a typical gacaca proceeding.
c. Ghosts of Rwanda – PBS special documentary, available for purchase.
12. RSS feed
a. New York Times – world news relating to Rwanda’s genocide
b. Amnesty International – link to various RSS feeds regarding human rights
Ø International Justice – articles relating to the prosecution of suspects
13. Tutorials
a. Cali – The Center for Computer-Assisted Legal Education (password protected)– Cali Lessons Subject List > International Law (tutorials providing numerous lessons in the realm of international law.)
Ø Intergovernmental Organizations & Non-Governmental Organizations
Ø United Nations Research
Ø Customary International Law
14. Research Guides
a. Power Point
Ø The Rwandan Genocide > Leave None to Tell the Story: A Powerpoint Presentation (power point presentation set up in segments providing the prelude to the genocide.)
15. Sample Research Question
What resources would you recommend for a researcher that wanted to learn about the cases, jurisdiction and history of the Gacaca Courts?
First, I would recommend a researcher to explore the scholarly articles located in WordLII, as well as various academic journals, such as the Journal of Genocide Research, in order to gain an understanding of how the Gacaca Courts operate, and the purpose they serve in the Rwandan community. A keyword search using the term “gacaca” leads to numerous articles pertaining to the subject. Many well-versed academics have written about the Gacaca Courts, and therefore, these articles are very insightful.
After obtaining a basic understanding of the Gacaca Courts, a researcher should visit the National Service of Gacaca Jurisdiction website, which details the court system and provides an overview of the Court. Furthermore, the website outlines the Court’s objectives, jurisdiction, and its governing laws. Unfortunately, the unique structure of the Gacaca Court makes it difficult to locate cases. Statistical data is available at the NSGJ website, but the information provided is limited. As stated above, scholarly journals on the topic provide a better understanding of the Gacaca Courts.
16. Conclusion
There are a vast amount of electronic and print resources available for those interested in researching how Rwanda and the international community have been dealing with the daunting task of prosecuting those suspected of acts of genocide committed in 1994. There are three main adjudicatory entities overseeing the prosecutorial proceedings of suspects; these courts consist of the International Criminal Tribunal of Rwanda, Rwanda’s national courts, and specially-adapted community-based courts, known as Gacaca Courts. This pathfinder touches upon the introductory tools in exploring this topic.
17. Suggestions for further reading
a. United States Department of State – Under Secretary for Democracy and Global Affairs > Bureau of Democracy, Human Rights, and Labor > Releases > Human Rights > 2004 County Reports on Human Rights Practices > Africa – (Report on Rwanda by Dept. of State)
b. Phil Clark, After Genocide: Transitional Justice, Post-Conflict Reconstruction and Reconciliation in Rwanda and Beyond, Zachary Kaufman ed., Columbia University Press, 2009. (how Rwanda has been dealing with reconstruction and the assimilation of perpetrators into society.)
c. Lisa Helena Malkki, Purity and exile: violence, memory, and national cosmology among Hutu refugees in Tanzania, Chicago Press, 1995. (illustrates the Hutu’s unsuccessful attempt to oust the Tutsi-majority from government which ultimately led to many Hutu refugees in Tanzania.)
1