This paper focuses on the effectiveness of the International Court by discussing the Nuremberg and the Rwanda Genocide trials.
# 145215 | 6,969 words | 14 sources | APA | 2010 |
Published on Oct 28, 2010 in Ethnic Studies (Africa) , Holocaust Studies (General) , International Relations (War and Conflict)
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The paper looks at the role of President Kambanda in the Rwanda genocide of the 1990s and includes details of his trial for crimes against humanity and genocide. The Rwanda genocide trial is then compared to the Nuremberg trials and focuses on the approach of the International Court and their short-comings. The author suggests that the main focus of these trials is International exposure by pinning the crimes to a few select leaders. The author concludes by endorsing the need for the International Court to enforce the law but also provides suggestions to prevent conflicts such as these from occurring in the future.
From the Paper:"The notorious ethnic cleansing of Rwanda which occurred in the early 1990's had actually been the long-standing product of decolonization. When the political power vacuum had left the nation to the disposal of leadership by force, Rwanda's 1959 revolution for independence did not just separate it from the authority of its German oppressors. It additionally exiled countless numbers from its own population which the emergent leadership viewed as sympathizers to colonialism. This is a recurrence of an important theme in Africa's structural problems as characterized in the earlier breakdown of its continental factioning. With his power threatened in 1990 by the invasion of refugees from neighboring Uganda and their implied subversion of his rule through majority, despotic President Juvenal Habyarimana orchestrated a military propaganda initiative "to redefine the population of Rwanda into "Rwandans," meaning those who backed the president, and the "ibyitso" or "accomplices of the enemy," meaning the Tutsi minority and Hutu opposed to him."
Hearkening to ethnic tensions which had initially predisposed the Hutu to hatred for and fear of the Tutsi, Kambanda in the wake of Habyarimana's assassination continued the devastating exploitation of foreign incursion. The casualties, which numbered over a million, of Tutsi if including political enemies of the president, became just another in the litany of tragedies which are the lasting effect of colonialism. And more than that, it was a demonstration of the shortcoming in resources and liberties availed to international governing bodies whose powers appear to be stunted by poor collective judgment. The purpose of its implied powers to allow the U.N. to take immediate peacekeeping action when necessary is explicated by he legal charter, which states, "let the end be legitimate, let it be within the scope of the constitution, and all means which are appropriate, which are planly adapted to that end, which are not prohibited, but consist with the letter and spirit of the constitution, are constitutional. Essentially the same arguments pro and con were balanced when in our century international courts applied the implied powers doctrine. (Arangio-Ruiz)." It is quite clear though, that this doctrine experienced its a glaring failure when "an estimated 800,000 Rwandans were killed in the space of 100 days." According to the charter text, we can see that when ethnic tension between Hutu and Tutsi cultures caused the indiscriminate massacre of the latter by the former, the United Nations was legally authorized by its Charter and the implied powers afforded it therewith to take intervening action. Indeed, the text states that "acting under Chapter VI of the Charter, the Council 'shall, when it deems necessary, call upon the parties' to a dispute to settle it by peaceful means such as negotiation, mediation, conciliation, arbitration, or judicial settlement (Article 33)." Here, the role of its implied powers should have been sufficient to entitle the organization to call upon its member states to deploy forces oriented toward the prevention of further violence."
Sample of Sources Used:
- Kofi Annan, Statement on receiving the report of the independent inquiry into the actions of the United Nations during the 1994 Genocide in Rwanda, The United Nations (1999) Online at http://www.un.org/News/ossg/sgsm_rwanda.htm
- Hannah Arendt, Eichmann in Jerusalem: The Banality of Evil. (1963) Penguin Books.
- The Avalon Project, Judgment: Goering, Yale Law School: Lillian Goldman Law Library (1945) Online at http://avalon.law.yale.edu/imt/judgoeri.asp
- BBC News, Rwanda: How the Genocide Happened, BBC NEWS (April 1, 2004) Online at http://news.bbc.co.uk/1/hi/world/africa/1288230.stm
- Human Rights Watch, Rwanda: The Genocide (2008) Online at http://www.hrw.org/legacy/reports/1999/rwanda/Geno1-3-05.htm#P138_57865
Cite this Research Paper:
Genocide and Justice (2010, October 28) Retrieved February 06, 2023, from https://www.academon.com/research-paper/genocide-and-justice-145215/
"Genocide and Justice" 28 October 2010. Web. 06 February. 2023. <https://www.academon.com/research-paper/genocide-and-justice-145215/>