In Rwanda Revisited: Genocide, Civil War, and the Transformation of International Law, the contributing authors seek to recount, explore, and explain the tragedy that was the Rwanda genocide and the nature of the international community’s entanglement with it. Written by people selected for their personalized knowledge of Rwanda, be it as peacekeepers, aid workers, or members of the ICTR, and/or scholarship that has been clearly influenced by the genocide, this book provides a level of insight, detail and first-hand knowledge about the genocide and its aftermath that is clearly unique. Included amongst the writers are a number of scholars whose research and writings on Rwanda, the United Nations, and genocide are internationally recognized.
Sunday, January 16, 2022
Drew, Oswald, McLaughlin, & Farrall: Rwanda Revisited: Genocide, Civil War, and the Transformation of International Law
Monday, October 19, 2020
Labuda: The International Criminal Tribunal for Rwanda and Post-Genocide Justice 25 Years on (Review Essay)
2019 marked the 25th anniversary of the Rwandan genocide and of the establishment of the International Criminal Tribunal for Rwanda (ICTR). After prosecuting 73 people, including high-ranking politicians and military leaders, the Rwanda Tribunal closed its doors in 2015. Together with its sister tribunal, the International Criminal Tribunal for the former Yugoslavia, the ICTR is considered one of the first-generation ad hoc tribunals mandated to bring justice to countries emerging from conflict. This review essay examines four books to take stock of the scholarly debate on the ICTR’s performance. After analysing the Tribunal’s achievements and shortcomings, it explains that scholarly assessments of the ICTR rely on two different analytical lenses – a national and/or international perspective – to make claims about the roles of international criminal tribunals. The essay then discusses the ICTR’s interactions with other post-genocide justice mechanisms in Rwanda and the compatibility of concurrent judicial responses to mass violence. In conclusion, it suggests that evolving interpretations of the ICTR’s performance reflect prevailing ideas about the goals and limitations of international criminal tribunals.
Friday, November 8, 2019
Eltringham: Genocide Never Sleeps: Living Law at the International Criminal Tribunal for Rwanda
Accounts of international criminal courts have tended to consist of reflections on abstract legal texts, on judgements and trial transcripts. Genocide Never Sleeps, based on ethnographic research at the International Criminal Tribunal for Rwanda (ICTR), provides an alternative account, describing a messy, flawed human process in which legal practitioners faced with novel challenges sought to reconfigure long-standing habits and opinions while maintaining a commitment to 'justice'. From the challenges of simultaneous translation to collaborating with colleagues from different legal traditions, legal practitioners were forced to scrutinise that which normally remains assumed in domestic law. By providing an account of this process, Genocide Never Sleeps not only provides a unique insight into the exceptional nature of the ad hoc, improvised ICTR and the day-to-day practice of international criminal justice, but also holds up for fresh inspection much that is naturalised and assumed in unexceptional, domestic legal processes.
Thursday, October 10, 2019
Eltringham: Genocide Never Sleeps: Living Law at the International Criminal Tribunal for Rwanda
Accounts of international criminal courts have tended to consist of reflections on abstract legal texts, on judgements and trial transcripts. Genocide Never Sleeps, based on ethnographic research at the International Criminal Tribunal for Rwanda (ICTR), provides an alternative account, describing a messy, flawed human process in which legal practitioners faced with novel challenges sought to reconfigure long-standing habits and opinions while maintaining a commitment to 'justice'. From the challenges of simultaneous translation to collaborating with colleagues from different legal traditions, legal practitioners were forced to scrutinise that which normally remains assumed in domestic law. By providing an account of this process, Genocide Never Sleeps not only provides a unique insight into the exceptional nature of the ad hoc, improvised ICTR and the day-to-day practice of international criminal justice, but also holds up for fresh inspection much that is naturalised and assumed in unexceptional, domestic legal processes.
Sunday, May 26, 2019
Sterio & Scharf: The Legacy of Ad Hoc Tribunals in International Criminal Law
In the post-Nuremberg era two of the most important developments in international criminal law are the International Criminal Tribunal for Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR). Created through UN Security Council resolutions, with specific mandates to prosecute those responsible for serious violations of international humanitarian law, the ICTY and the ICTR played crucial roles in the development of international criminal law. Through a series of chapters written by leading authorities in the field, The Legacy of Ad Hoc Tribunals in International Criminal Law addresses the history of the ICTY and the ICTR, and the important aspects of the tribunals' accomplishments. From examining the groundwork laid by the ICTY and the ICTR for greater international attention to crimes against humanity to the establishment of the International Criminal Courts, this volume provides a comprehensive overview of the impact and lasting roles of these tribunals.
Thursday, April 6, 2017
Tortora: The Mechanism for International Criminal Tribunals: A Unique Model and Some of Its Distinctive Challenges
Tuesday, March 28, 2017
ICTR, ICTY, and MICT Case Law Database
Thursday, March 23, 2017
Reydams: Politics or Pragmatism? The ICTR and the Burying of the Investigation into the Assassination of President Juvénal Habyarimana
A persistent rumor about the International Criminal Tribunal for Rwanda (ICTR) is that ‘politics’ played a role in the decision in 1997 of then Chief Prosecutor Louise Arbour to end the investigation into the assassination of Rwandan President Juvénal Habyarimana. The article examines whether there is any truth to this rumor and, alternatively, whether more mundane reasons may explain the burying of the investigation. On the basis of interviews and email correspondence with the persons who might have pressured Arbour and with the former Chief-Prosecutor herself, the article concludes that there is no evidence that the US Government or the UN Secretariat intervened. Arbour’s decision seems to have been based on an assessment of the concrete conditions at the time. These were such that any responsible Prosecutor would have concluded that pursuing the investigation would be futile and dangerous. Because the truth about the assassination remains unknown, the article ends by suggesting a way to finish the ICTR’s unfinished business.
Friday, January 20, 2017
de Brouwer & Smeulers: The Elgar Companion to the International Criminal Tribunal for Rwanda
- Navanethem Pillay, Foreword
- Anne-Marie de Brouwer & Alette Smeulers, Introduction
- Helen Hintjens, The Creation of the ICTR
- Barbora Holá & Alette Smeulers, Rwanda and the ICTR: Facts and Figures
- Payam Akhavan, Genocide
- Valerie Oosterveld, Crimes Against Humanity
- Felix Mukwiza Ndahinda, War Crimes
- Anne-Marie de Brouwer & Usta Kaitesi, Sexual Violence
- Kai Ambos & Stefanie Bock, Individual Criminal Responsibility
- Alex Odora-Obote, Investigations and Case Selection
- Christophe Paulussen, Arrest and Transfer
- George William Mugwanya, Trial and Appeal Processes
- Nancy Amoury Combs, The Evidentiary System
- Caroline Buisman, The Rights of the Defence
- Rosette Muzigo-Morrison, The Rights of the Victims
- Mark A. Drumbl, Sentencing and Penalties
- Hassan Bubacar Jallow, The ICTR’s Elaboration of the Core International Crimes of Genocide, Crimes against Humanity and War Crimes and Modes of Liability
- Francois-Xavier Nsanzuwera, Contribution of the ICTR for Rwandans
Friday, January 6, 2017
Hayashi & Bailliet: The Legitimacy of International Criminal Tribunals
- Nobuo Hayashi, Cecelia M. Bailliet & Joanna Nicholson, Introduction
- Larry May & Shannon Fyfe, The legitimacy of international criminal tribunals
- Silje Aambø Langvatn & Theresa Squatrito, Conceptualising and measuring the legitimacy of international criminal tribunals
- Sergey Vasiliev, Between international criminal justice and injustice: theorising legitimacy
- Asad Kiyani, Legitimacy, legality, and the possibility of a pluralist international criminal law
- Athanasios Chouliaras, The legitimacy and effectiveness of international criminal tribunals: a criminal policy perspective
- Rogier Bartels, Legitimacy and ICC jurisdiction following Security Council referrals: conduct on the territory of non-Party States and the legality principle
- Nobuo Hayashi, Is the Yugoslav Tribunal guilty of hyper-humanising international humanitarian law?
- Jakob V H. Holtermann, 'One of the challenges that can plausibly be raised against them'? On the role of truth in debates about the legitimacy of international criminal tribunals
- Timothy William Waters, Hidden legitimacy: crafting judicial narratives in the shadow of secrecy at a war crimes tribunal - a speculation
- Ignaz Stegmiller, Positive complementarity and legitimacy - is the International Criminal Court shifting from judicial restraint towards intervention?
- Dorothy Makaza, African supranational criminal jurisdiction: one step towards ending impunity or two steps backwards for international criminal justice?
- Martin Wählisch, Legitimacy defects and legal flaws of the Special Tribunal for Lebanon: dilemmas of the 'peace through justice' theorem
- Damien Rogers, Prosecutors' opening statements: the rhetoric of law, politics and silent war
- Barbora Hola, Jessica Kelder & Joris van Wijk, Effectiveness of international criminal tribunals: empirical assessment of rehabilitation as sentencing goal
- Stephen Smith Cody, Procedural justice, legitimacy, and victim participation in Uganda
- Victor Peskin, Things fall apart: battles of legitimation and the politics of noncompliance and African sovereignty from the Rwanda tribunal to the ICC
- Mistale Taylor, Financing lady justice: how the funding systems of ad hoc tribunals could lend themselves to the possibility of judicial bias
- Kjersti Lohne, Claiming authority in the name of the other: human rights NGOs and the ICC
Wednesday, November 23, 2016
AJIL Unbound Symposium: The International Criminal Tribunals for the Former Yugoslavia and Rwanda: Broadening the Debate
Friday, April 29, 2016
Kendall & Nouwen: Speaking of Legacy: Toward an Ethos of Modesty at the International Criminal Tribunal for Rwanda
AdvertisementThis paper is the longer version of an article that will appear in a Symposium in the American Journal of International Law on the legacy of the ad hoc tribunals for the former Yugoslavia and Rwanda.
AdvertisementEven before the International Criminal Tribunal for Rwanda had closed down, there was already much talk about its legacy. This article demonstrates a sharp contrast between the ambiguities of what is and can be known about the Tribunal's legacy and the certainty of the assertions made in the field and by the Tribunal itself about what it will have been. Building on social theorist Zygmunt Bauman's work on "bids for immortality", we identify the phenomenon of "legacy talk": attempts to consolidate a set of interpretations about the substance and value of what is left prior to the departure of the legator.
Friday, April 22, 2016
Hiéramente & Schneider: The Defence in International Criminal Trials
- Benjamin Ferencz, Preface
- Heiko Ahlbrecht, Vorwort
- Colleen Rohan, The Defence in International Criminal Trials: Important Actor or Necessary Evil?
- Mayeul Hiéramente, Die Deutungshoheit im Gerichtssaal oder „Die Bändigung des Ungeheuers“ Anmerkungen zum sich selbst verteidigenden Angeklagten
- Philipp Graebke, Die Verteidigung im Verfahren gegen Adolf Eichmann
- Julia Gebhard, Arguing Human Rights from the Bench? How Judges in International Criminal Courts Perceive International Human Rights Law
- Marie O’Leary, Compelling Fair Trials: The Necessity of Effective Court Powers to Ensure a Defendant’s Right “to examine, or have examined, the witnesses against him or her”
- Masha Fedorova, Disclosure of Information as an Instrument Ensuring Equality of Arms in International Criminal Proceedings
- Eleni Chaitidou & Elisa Hoven, The Person’s Liberty at Stake – A Tour d’Horizon on the Rights of the Arrested Person under the Rome Statute
- Sally Alexandra Longworth, Sentencing at the International Criminal Court
- Isabel Düsterhöft & Dominic Kennedy, How to Manage the Defence – Experiences from the ADC-ICTY
- Philipp Müller, Promoting Justice between Independence and Institutional Constraints: The Role of the Office of the Public Counsel of the Defence at the ICC
- Mayeul Hiéramente & Patricia Schneider, Kein faires Verfahren ohne effektive Verteidigung – Zusammenfassende Bemerkungen zu einem vergessenen Akteur der internationalen Strafjustiz und Ausblick
Wednesday, October 22, 2014
Grover: Interpreting Crimes in the Rome Statute of the International Criminal Court
The Rome Statute of the International Criminal Court defines more than ninety crimes that fall within the Court's jurisdiction: genocide, other crimes against humanity, war crimes and aggression. How these crimes are interpreted contributes to findings of individual criminal liability, and moreover affects the perceived legitimacy of the Court. And yet, to date, there is no agreed-upon approach to interpreting these definitions. This book offers practitioners and scholars a guiding principle, arguments and aids necessary for the interpretation of international crimes. Leena Grover surveys the jurisprudence of the International Criminal Tribunals for the former Yugoslavia and Rwanda before presenting a model of interpretive reasoning that integrates the guidance within the Rome Statute into articles 31-33 of the Vienna Convention on the Law of Treaties (1969).
Monday, August 4, 2014
Call for Papers: International Symposium on the Legacy of the ICTR
Call for Papers: International Symposium on the Legacy of the ICTR
AdvertisementThe International Criminal Tribunal for Rwanda (“ICTR”) is organising an International Symposium on the Legacy of the ICTR to be held in Arusha, Tanzania on 6-7 November 2014 (the “Symposium”).
With the ICTR’s closure scheduled for 2015, the Symposium aims to provide an opportunity for experts in the field of international justice to reflect on the ICTR’s contributions to the development of international humanitarian law, administration of justice, and promotion of the rule of law, particularly in the Great Lakes Region. We invite experts in the field to submit proposals for papers to be presented during the Symposium. Papers should focus on the topics indicated in the draft programme, which can be found here.
Those interested in presenting a paper at the Symposium should submit an application including a 300 word abstract summarising the proposed paper via email to the ICTR Legacy Committee at [email protected]. Applications must include:
1) A 300 word abstract of the proposed paper;
2) The author’s name, title, and affiliation (if any);
3) The author’s Curriculum Vitae/Résumé; and
4) The author’s contact details including phone number and email address.
All applications must be received no later than 15 August 2014.
Successful applicants will receive an invitation to submit a paper by 5 September 2014 and a first draft of papers will be expected to be submitted by 17 October 2014. Submission of an application will be considered as acknowledgement that the author is available to be in Arusha from 5-8 November 2014 to participate in the Symposium. The ICTR will endeavour to cover travel and accommodation for successful applicants.
Wednesday, July 23, 2014
Wibabara: Gacaca Courts versus the International Criminal Tribunal for Rwanda and National Courts
The magnitude and the nature of the human rights violations that engulfed Rwanda in 1994 prompted both the Rwandan government and the international community to establish different accountability mechanisms in order to hold perpetrators accountable. At the international level, the UN established the International Criminal Tribunal for Rwanda (ICTR) to try those bearing the greatest responsibility, the Rwandan national courts were to deal with so-called category one offenders, whereas Gacaca courts initially handled the bulk of cases that could not be handled by the ICTR and national courts (so-called category two and three perpetrators). Therefore, Rwanda offers a unique opportunity to analyse the interplay of criminal justice systems on different levels. Against this background, the study, which is divided into seven chapters, engages in disentangling the conflicting as well as overlapping elements the three justice mechanisms entail. Despite the already existing scholarship on this topic, the book offers new insights into the domestic case law of Rwanda which is under researched in comparison to the work of the ICTR. With this it adds a valuable new perspective to the international debate from the viewpoint of a Rwandan legal scholar.
Monday, December 16, 2013
Bachmann, Sparrow-Botero, & Lambertz: When Justice Meets Politics: Independence and Autonomy of Ad Hoc International Criminal Tribunals
Are the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) independent actors, who mete out fair and un-biased justice, or instruments of a new world order, which execute the will of the most powerful states? By applying process tracing and frame analysis, this book reveals the interplay between the power politics of states, the agenda setting power of international criminal tribunals and the scope of the autonomy which the tribunals, the prosecutors and judges enjoy – and how they make use of it. The book details the mechanisms that govern judicial behaviour at the ICTY and the ICTR as well as the influence of the media, non-governmental organisations, governments and international organisations on judges and prosecutors. Last but not least, it shows why and how initially controversial frames like those about the «genocide in Srebrenica» and «the Rwandan genocide» became almost undisputed notions which are hardly challenged by anyone today.
Tuesday, May 21, 2013
Call for Papers: The Legacy of the International Criminal Tribunal for Rwanda
INTERNATIONAL CONFERENCE
THE LEGACY OF THE INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA
31 October – 1 November 2013
CALL FOR PAPERS
On 22 December 2010, the UN Security Council, established by resolution 1966 the International Residual Mechanism for Criminal Tribunals. In that resolution, the Council acknowledged the “considerable contribution the Tribunals have made to international criminal justice and accountability for serious international crimes and the re-establishment of the rule of law in the former Yugoslavia and Rwanda”.
Over the years the Rwanda tribunal has achieved a number of milestones in the development of international criminal law jurisprudence, which include:
* decisions in relation to genocide and the criminal responsibility of former heads of government;
* decisions on rape and sexual assault as elements of the crime of genocide;
* decisions examining the link between the media, hate speech and mass slaughter.
The significance of the Rwanda Tribunal has also surfaced in debates about the Tribunal’s role in contributing to the process of national reconciliation and the restoration and maintenance of peace, an objective clearly envisaged in Security Council resolution 955 (1994) which brought the Tribunal into existence. Moreover, in 1995, only a year after 800,000 people were massacred in Rwanda, Archbishop Desmond Tutu, chairman of the South African Truth and Reconciliation Commission (TRC), told the new Rwandan government that ‘unless you move beyond justice in the form of a tribunal, there is no hope for Rwanda’. South Africa’s TRC, the ICTR and the Rwandan gacaca courts each represent different approaches to transitional justice. The co-existence of diverse mechanisms in Rwanda raises important questions about whether they are indeed complementary or incompatible.
With these developments in mind and with the Tribunal’s mandate nearing its end, the time is opportune to interrogate critically the role of the Tribunal - both internationally and in Rwanda - and to analyse its successes, failures and challenges. The Conference therefore aims at providing a forum for evaluating the legacy of the Tribunal. The conference organisers welcome papers on this important theme and any of the following sub-themes:
* The ICTR’s Contribution to International Humanitarian Law/International Criminal Law
* The Relationship between the Rwanda Tribunal and Domestic Courts
* Transitional Justice and Reconciliation
* The South African TRC, and the Rwandan Gacaca Courts
* The Challenges of International Criminal Prosecutions in Africa
* The Rwanda Tribunal and the Future of International Criminal Justice in Africa
The Conference organisers are inviting abstracts for papers to be sent to Mia Swart ([email protected]) not later than 24 May 2013. Abstracts should not be longer that 500 words. Candidates will be contacted within three weeks of submission if they are successful. It is envisaged that a selection of conference papers will be published.
The Conference is co-organised by:
The University of Johannesburg
The International Criminal Tribunal of Rwanda (Mr Roland Kouassi Amoussouga)
The Department of Public Law, Faculty of Law (Prof Mia Swart, Dr Mispa Roux)
The South African Institute for Advanced Constitutional, Public, Human Rights and International Law (Prof David Bilchitz, Mr Redson Kapindu and Mr Michael Dafel)
The National Research Foundation Research Chair in International Law (Prof Hennie Strydom)
The Conference is funded by:
The University of Johannesburg
The Konrad Adenauer Foundation
Thursday, April 11, 2013
Swoboda: Verfahrens- und Beweisstrategien vor den UN-ad hoc Tribunalen

Die Untersuchung analysiert das Verfahrensrecht der UN-ad hoc Tribunale für das ehemalige Jugoslawien und für Ruanda in den vorbereitenden Verfahrensstadien. Das Augenmerk liegt dabei auf den Strategien, nach denen Anklagebehörde und Verteidigung diese Verfahren zu gestalten und ihre „Erzählung“ von den historischen Vorgängen zu inszenieren versuchen.
Thursday, January 24, 2013
Lindemann: Referral of Cases from International to National Criminal Jurisdictions: Transferring Cases from the ICTY and the ICTR to National Jurisdictions

Die beiden Ad-hoc-Tribunale zur Verfolgung völkerrechtlicher Verbrechen im ehemaligen Jugoslawien und in Ruanda befinden sich in einer Phase der Abwicklung. Die sogenannten „Completion Strategy“ soll dazu führen, dass beide Gerichtshöfe möglichst bald Ihre Arbeit einstellen können. Zu dieser Strategie gehört mit dem Instrument der sogenannten Referrals (Abgabe) auch die Möglichkeit, dass die beiden Tribunale bei Ihnen anhängige Strafverfahren an die nationale Gerichtsbarkeit von Staaten abgeben, die zu einer Strafverfolgung bereit sind. Mit einer solchen Abgabe kehrt sich das Verhältnis zwischen nationaler und internationaler Strafgerichtsbarkeit in gewisser Weise um: Stand bislang die Abgabe von Strafverfahren aus der nationalen Gerichtsbarkeit zu den internationalen Strafgerichtshöfen im Vordergrund, so geht es nun darum, die internationalen Gerichte dadurch zu entlasten, dass die Verfahren an nationalen Gerichten zu Ende geführt werden. Das neue Instrument der Abgabe wirft zahlreiche völkerrechtliche und strafverfahrensrechtliche Fragen auf, die diese Studie systematisch untersucht.