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Międzynarodowy Trybunał Karny dla Rwandy. Cz. 2, Działalność sądownicza

Nowakowska-Małusecka J.

Zeszyty Naukowe AON

2002

nr 1(46)

252-263

The International Criminal Tribunal for Rwanda was established by the United Nations Security Council's resolution in 1994. It started its judicial work in 1995 and according to the Statute It has competence to prosecute persons responsible foe committing genocide, crimes against humanity and violations of Art. 3 common to the Geneva Conventions of 1949 and of provisions of Additional Protocol II of 1977 to the Geneva Convention of 1949. The Rwanda Tribunal has already indicted about fifty persons. Most of them are waiting for a trial in Arusha. Some of the cases have been finished with judgements and they are historic as for the first time people who committed genocide have been convicted. The situation of the Tribunal is not easy. One of the reasons is a difficult situation in Rwanda and in the whole region. Besides the Tribunal has many difficulties to collect evidence and find witnesses who - if they are alive- do not want to testify for the fear of vengeance. The results of the Tribunal’s work achieved so far are not impressive but it should be mentioned that it has lasted for only six years. The real opinion about the Tribunal's activities is not possible now.

Międzynarodowy Trybunał Karny dla Rwandy. Cz. 1

Nowakowska-Małusecka J.

Zeszyty Naukowe AON

2001

nr 4(45)

77-95

The tragic events that look place in spring and summer of 1994 in Rwanda forces the international community to take decision on establishing an international criminal tribunal following the example of the International Criminal Tribunal for the Former Yugoslavia appointed in 1993. As it had happened in the first case, the Rwanda Tribunal was also established by the United Nations Security Council's resolution as an ad hoc body. The general range of competence given to thr Tribunal is expressed in Art. 1 of the Statue. Further provisions are more detailed and they deal with competence ratione personae, ratione loci, ratione temporis and ratione materiae. In connection with the internal conflict in Rwanda Tribunal may deal with cases concerning genocide, crimes against humanity as well as it may prosecute violations of Art. 3 common to the Geneva Conventions of 1949 and of Additional Protocol II of 1977 to the Geneva Conventions of 1949, the Statue of the Tribunal also includes provisions concerning concurrent jurisdiction of the Tribunal and national courts. Due to the formation of the Rwanda Tribunal many of the rules of the binding international humanitarian law have been practical put into force. In the first place it concerns provisions of the Genocide Convention of 1948 and Art. 3 common to the Geneva Conventions of 1949. Moreover, the Additional Protocol II of 1977 to the Geneva Conventions of 1949 for the first time has become a basis for international responsibility for crimes committed during internal armed conflicts. Till that time prohibited acts committed in such conflicts were prosecuted only by states before their domestic courts. So it is clear that international humanitarian law tends to change it.