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1. The Politics behind the EU-Rwanda Deal(s) and its Consequences

Author:
Kristof Titeca
Publication Date:
11-2024
Content Type:
Policy Brief
Institution:
EGMONT - The Royal Institute for International Relations
Abstract:
On the 14th of October, the news emerged that the EU is in the final stages of a discussion to award €20 million to the Rwandan army for its operations in Mozambique – where it is fighting insurgents in the oil-rich Gabo Delgado province. It would be the second time in two years that the EU awards this amount under the European Peace Facility (EPF): it also did so in December 2022. At that time, the decision was met with anger in the Democratic Republic of Congo (DRC), as it was already documented by the UN how the Rwandan Defense Forces (RDF) were supporting the M23 rebellion in Eastern DRC. In the meantime, this support has become clearer, with the last report from the UN Group of Experts from June 2024 extensively documenting the RDF operations with M23 in Eastern DRC. The news of potentially another €20 million is therefore met with anger in Congolese politics and society, primarily directed at the EU. It is a question which puzzles many: why does the EU want to award €20 million to the Rwandan army, in the midst of its violations of international law in Eastern DRC? This piece will unpack this question and reflect on the consequences for the regional dynamics and the EU.
Topic:
Security, Foreign Policy, International Law, Politics, and European Union
Political Geography:
Africa, Europe, and Rwanda

2. The Responsibility to Protect: A Background Briefing

Author:
Global Centre for the Responsibility to Protect
Publication Date:
01-2021
Content Type:
Policy Brief
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
The Responsibility to Protect (R2P) concept sought to confront both the Rwanda tragedy and the Kosovo dilemma by stipulating that states have an obligation to protect their citizens from mass atrocity crimes; that the international community will assist them in doing so; and that, should the state be “manifestly failing” in its obligations, the international community is obliged to act. R2P seeks to ensure that the international community never again fails to act in the face of genocide, ethnic cleansing, war crimes and crimes against humanity. By accepting a collective responsibility to protect, the international community issued a solemn pledge that it cannot lightly ignore.
Topic:
International Law, United Nations, Conflict, Responsibility to Protect (R2P), and Norms
Political Geography:
Kosovo, Rwanda, and Global Focus

3. Great Expectations and a Missed Opportunity. The Special Tribunal For Lebanon and the Objectives of the United Nations Security Council. A Critical Perspective/Grandes expectativas y una oportunidad perdida. El tribunal especial para el Líbano y los objetivos del Consejo de Seguridad de Naciones Unidas. Una mirada crítica

Author:
María Torres Pérez
Publication Date:
10-2021
Content Type:
Journal Article
Journal:
Revista UNISCI/UNISCI Journal
Institution:
Unidad de investigación sobre seguridad y cooperación (UNISCI)
Abstract:
Among the various ad hoc international criminal tribunals that have been established since the end of the twentieth century, the Special Tribunal for Lebanon stands out for its singularity, both at the jurisdictional level and for its contribution to the treatment of victims. The work of the Special Tribunal for Lebanon began in 2009, delivering its first sentence on 18 August 2020. Through its constitution, the United Nations Security Council sought not to abandon the path initiated in 1993 with the creation of the Yugoslavia and Rwanda tribunals; however, the result has not been as expected. This article aims to analyze the peculiarities of the Tribunal and its work, making a critical analysis of it, considering it as a lost opportunity for the reconstruction process in Lebanon./Entre los diversos tribunales penales internacionales ad hoc que se han creado desde finales del siglo XX, el Tribunal Especial para el Líbano destaca por su particularidad, tanto a nivel jurisdiccional como por su contribución al tratamiento de las víctimas. La labor del Tribunal Especial para el Líbano comenzó en 2009, dictando su primera sentencia de instancia el 18 de agosto de 2020. Mediante su constitución, el Consejo de Seguridad de Naciones Unidas apostó por no abandonar el camino iniciado en 1993 con la creación de los tribunales de Yugoslavia y Ruanda; sin embargo, el resultado no ha sido el esperado. Este trabajo pretende analizar las peculiaridades del Tribunal y su trabajo, realizando un análisis crítico del mismo como oportunidad perdida para el proceso de reconstrucción del Líbano.
Topic:
International Law, United Nations, History, Impunity, and UN Security Council
Political Geography:
Yugoslavia, Lebanon, and Rwanda

4. Oral History And The Rwandan Genocide

Author:
Erin Jessee
Publication Date:
03-2019
Content Type:
Research Paper
Institution:
Brown Journal of World Affairs
Abstract:
Erin Jessee is Lord Kelvin Adam Smith Research Fellow in History at the University of Glasgow. She has over a decade of experience conducting oral historical and ethnographic fieldwork in confict-afected settings, particularly in Rwanda, Bosnia and Herzegovina, and Uganda. She is the author of Negotiating Genocide in Rwanda: Te Politics of History, which was published in Palgrave Macmillan’s Studies in Oral History series in 2017. She has also published several articles in notable journals such as Memory Studies, Conflict and Society, History in Africa, Oral History Review, and Forensic Science International, among others.
Topic:
Conflict Resolution, Conflict Prevention, Genocide, International Cooperation, International Law, Humanitarian Intervention, and Conflict
Political Geography:
Rwanda and Global Focus

5. R2P and Outcomes of the Human Rights Council’s 41st Session

Author:
Global Centre for the Responsibility to Protect
Publication Date:
07-2019
Content Type:
Special Report
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
The 41st regular session of the Human Rights Council (HRC) was held in Geneva between 24 June and 12 July 2019. As the primary international human rights body, the Human Rights Council has the capacity to prevent and respond to mass atrocity crimes, as systematic violations and abuses of human rights can be potential indicators of genocide, war crimes, crimes against humanity or ethnic cleansing. The summary below highlights major outcomes and relevant dialogues from the 41st session as they relate to the Responsibility to Protect (R2P) populations from such crimes. As part of the session, the Netherlands and Rwanda delivered two statements on behalf of members of the Group of Friends of R2P.
Topic:
Human Rights, International Law, Responsibility to Protect (R2P), Atrocities, and UN Human Rights Council (HRC)
Political Geography:
Philippines, Democratic Republic of the Congo, United Nations, Syria, Netherlands, Rwanda, and Eritrea

6. The Legacy of the International Criminal Tribunals for the Former Yugoslavia and Rwanda and Their Contribution to the Crime of Rape

Author:
Alexandra Adams
Publication Date:
07-2018
Content Type:
Journal Article
Abstract:
The article analyses the over 20 years’ jurisprudence of the International Criminal Tribunals for the former Yugoslavia and Rwanda with respect to the crime of rape. It discusses how the attitude towards the prosecution of sexual crimes has changed since the Tribunals work began and what impact its jurisprudence has had on other attempts to define rape (elements of crime [EOC]). The article explores in depth the various definitions of rape given by the different chambers of both Tribunals. Consequently, it examines if the ultimate definition of the Kunarac chamber will prevail in international law. Not only are the weaknesses of the Kunarac definition that followed a pure consent approach revealed but the EOC of rape that opted for a combination of the coercion approach with one aspect of the lack-of-consent doctrine (incapacity) also face criticism. This leaves only one response – namely, that the elements of rape in international criminal law today can only be based upon a newly conducted comparison of national laws, thereby reflecting the general principles of the major legal systems of the world. The strongest accomplishment of both Tribunals concerning the crime of rape therefore lies not in the clarification of the elements of rape but, rather, in the revelation of a law-finding method, which is indispensable to the rudimentary field of international criminal law.
Topic:
International Law, War Crimes, Gender Based Violence, Courts, and Rape
Political Geography:
Europe, Yugoslavia, and Rwanda

7. Transitional Justice – Does It Help Or Does It Harm?

Author:
Dorota Gierycz
Publication Date:
06-2008
Content Type:
Working Paper
Institution:
Norwegian Institute of International Affairs
Abstract:
Transitional justice refers to a range of approaches that may be used to address past massive human rights violations. Transitional justice mechanisms include international tribunals, reconciliation commissions and truth-seeking measures. In recent years their importance and visibility increased due to gross human rights violations associated with armed conflicts in different parts of the world. While the crimes committed in Srebranica and Rwanda shocked the public opinion and paved the way for establishment of international judicial bodies, the peaceful transition in South Africa drew attention to its Truth and Reconciliation Commission (TRC) as a possible model for seeking peace and justice through non-judicial means. So what is the added value of Transitional Justice for coming to terms with the past and building just and peaceful societies? The author reviews some past experiences and models of Transitional Justice and points to their weaknesses and strengths. As the main achievements she cites the international tribunals' contribution to the development of jurisprudence in some areas of international criminal law and the delivery of justice in a manner impossible for local courts in post - war countries; as their weaknesses, the perception of delivering the “winners` justice” and rather limited involvement of populations from the affected countries. She also provides sets of recommendations as to how to improve the effectiveness of reconciliation commissions established in post-conflict countries, in the context of the United Nations peace operations.
Topic:
Civil Society, International Law, and International Organization
Political Geography:
South Africa and Rwanda

8. The Crime of Genocide in Internatioanal Law and Underlying Social Structures of the Crime: Rwanda Case

Author:
Ebru Çoban
Publication Date:
03-2008
Content Type:
Journal Article
Institution:
Uluslararasi Iliskiler
Abstract:
Genocide is a crime which is defined under internatioanal law in the twentieth century and could not come about without the ideological, bureaucratic power of a modern state with is sanctions and modern discources on identities and modern classifications. With a non-modern Picture but with modern techniques of governing Rwanda was a place that genocidal killings occured and is a place of a breaking case for modern theories. Rwanda has modern state characteristics in terms of monopoly of use of violence, giving orders and providing obidience of its people, surveillance, classification and registration of its people, and keeping discourses. Morever, Rwandan culture that gives great importance to obidence and Rwandan geography that is so suitable to surveillance become additional factors. In that sense, Rwandan government could influence to daily life of the people even to the smallest details of anyone. All factors provided a suitable bas efor the crime of genocide.
Topic:
Genocide, Government, and International Law
Political Geography:
Africa and Rwanda

9. Giving Meaning to "Never Again": Seeking an Effective Response to the Crisis in Darfur and Beyond

Author:
Cheryl Igiri and Princeton M. Lyman
Publication Date:
09-2004
Content Type:
Working Paper
Institution:
Council on Foreign Relations
Abstract:
April 2004 marked ten years since genocide ravaged Rwanda. The anniversary recalls the horrific way in which some 800,000 Rwandans lost their lives and serves as an unforgettable reminder of the international community's failure to prevent that genocide. This failure pervades the current consciousness as the tenor rises over how to react to credible reports of ethnic cleansing in Sudan.
Topic:
Security, Genocide, and International Law
Political Geography:
Sudan, North Africa, and Rwanda

10. Seeking Justice on the Cheap: Is the East Timor Tribunal Really a Model for the Future?

Author:
David Cohen
Publication Date:
08-2002
Content Type:
Policy Brief
Institution:
East-West Center
Abstract:
Over the past eight years the UN Security Council has paid some $1.6 billion dollars to operate International Criminal Tribunals in Yugoslavia and Rwanda. Successfully pressured to establish a tribunal in East Timor, the Council sought to cut its costs by creating a new form of tribunal—a "hybrid" tribunal with both international and domestic judges and partially funded and staffed by the national government. Today, though the hybrid tribunal is lauded by the United Nations as a model, the East Timor Tribunal is anything but. Of its meager $6.3 million budget for 2002, $6 million went to the prosecution, which nevertheless has failed to take any high-level perpetrators into custody. The balance was almost all for international judges' salaries, who sorely lack adequate administrative and clerical support. Though some steps have now been taken to improve the training of defense counsel, the Public Defender's unit is so under-funded and inexperienced that it did not call a single witness in any of its first 14 trials. Whether a minimally credible tribunal is better than none at all is the real issue the United Nations has not openly addressed.
Topic:
International Law and United Nations
Political Geography:
Yugoslavia, Rwanda, and Southeast Asia