Post-Violence Rwandan Activities
After the violence of 1994, there were numerous efforts put forward within Rwanda to address what had happened. Some of them were domestic (e.g., the Gacaca system), whereas others were international (e.g., the ICTR). Davenport became especially interested in these processes as well as the pursuit of alleged genocide participants otherwise known as genocidaires. To date, various bodies of literature have been summarized and some original data collection undertaken. Analyses of these materials will follow shortly.
ICTR
General Patterns
Out of 61 completed cases, 47 persons were convicted of at least one crime (77%). In general, the conviction rate for “genocide crimes” and crimes against humanity was higher than for war crimes.
· Conviction rates, completed cases (for definitions of crimes at the ICTR click here):
Apart from the Torture, Imprisonment, Pillage and Complicity in Genocide charges, which can be regarded as special cases as explained in the footnotes, the conviction rate is highest for Genocide, Extermination and Persecution, while it is rather low for war crimes, rape and other inhumane acts. This is in line with Sonja Starr’s statement that war crimes were regarded as not so important (especially in the early cases) and that the ICTR tried to focus on genocide crimes and crimes against humanity.
· Conviction rates (at first instance) of the cases still on appeal:
The conviction rates of the cases which are still on appeal are in general higher, but one has to keep in mind that most likely quite a few convictions will be reversed by the Appeals Chamber. Nonetheless, it is striking that the conviction rate for war crimes (especially for violence to life, health and physical or mental well-being of persons) increased compared to the older, completed cases. The same applies for rape as a crime against humanity. The exception is murder, for which the conviction rate decreased.
Notes
[1] There were just 4 indictments for torture.
[2] Many persons were charged with complicity in genocide alternatively or in addition to genocide > if they were convicted of genocide they were most of the time not convicted with complicity in genocide at the same time.
[3] There were just 2 indictments for imprisonment as well as for pillage.
Out of 61 completed cases, 47 persons were convicted of at least one crime (77%). In general, the conviction rate for “genocide crimes” and crimes against humanity was higher than for war crimes.
· Conviction rates, completed cases (for definitions of crimes at the ICTR click here):
- Torture[1] 100.0%
- Genocide 66.0%
- Extermination 64.6%
- Persecution 58.3%
- Direct and Public Incitement to Commit Genocide 52.6%
- Murder 37.5%
- Violence to life, health and physical or mental well-being of persons 31.0%
- Rape 27.3%
- Other inhumane acts 23.5%
- Outrages upon personal dignity 15.8%
- Conspiracy to Commit Genocide 10.0%
- Complicity in Genocide[2] 6.7%
- Imprisonment[3] 0.0%
- Pillage3 0.0%
Apart from the Torture, Imprisonment, Pillage and Complicity in Genocide charges, which can be regarded as special cases as explained in the footnotes, the conviction rate is highest for Genocide, Extermination and Persecution, while it is rather low for war crimes, rape and other inhumane acts. This is in line with Sonja Starr’s statement that war crimes were regarded as not so important (especially in the early cases) and that the ICTR tried to focus on genocide crimes and crimes against humanity.
· Conviction rates (at first instance) of the cases still on appeal:
- Genocide 91.7%
- Violence to life, health and physical or mental well-being of persons 90.0%
- Rape 85.7%
- Extermination 83.3%
- Persecution 83.3%
- Direct and Public Incitement to Commit Genocide 77.8%
- Outrages upon personal dignity 75.0%
- Murder 22.2%
- Conspiracy to Commit Genocide 18.2%
- Complicity in Genocide 0.0%
- Other inhumane acts 0.0%
The conviction rates of the cases which are still on appeal are in general higher, but one has to keep in mind that most likely quite a few convictions will be reversed by the Appeals Chamber. Nonetheless, it is striking that the conviction rate for war crimes (especially for violence to life, health and physical or mental well-being of persons) increased compared to the older, completed cases. The same applies for rape as a crime against humanity. The exception is murder, for which the conviction rate decreased.
Notes
[1] There were just 4 indictments for torture.
[2] Many persons were charged with complicity in genocide alternatively or in addition to genocide > if they were convicted of genocide they were most of the time not convicted with complicity in genocide at the same time.
[3] There were just 2 indictments for imprisonment as well as for pillage.
ICTR related data
Outcomes of ICTR trials: charges in completed cases, situation for appeals
List of ICTR cases - identifying name of accused, specific indictment, judgement, appeal and final determination as well as sentence
Problems/Criticisms of ICTR by type of criticism and author (list grows as reading continues)
List of ICTR cases - identifying name of accused, specific indictment, judgement, appeal and final determination as well as sentence
Problems/Criticisms of ICTR by type of criticism and author (list grows as reading continues)
The Hunt for (Alleged) Killers
One element of the Rwandan case that has not a tremendous amount of consistent coverage is the fact that the Rwandan government as well as diverse international bodies (governments and INGOs such as Interpol) have been pursuing those believed to be involved with political violence. Some of these cases receive a great deal of coverage, whereas others take place in relative obscurity. Some times the host countries but up some resistance to the effort to extract those within their territory. Other times the host countries quickly comply with the request. In an attempt to overcome the fragmentary presentation of a case here and a case there, Davenport has attempted to compile some basic information about who is involved and what is taking place. This is part of a larger evaluation of Rwanda in the world after the violence of 1994 as well as how they have been received.
Readings:
Readings:
- Rwanda's Fugitive Tracking System - the Rwandan government
- Rwanda seeks fugitives - The New Times
- Rwanda: Repression Across Borders - Human Rights Watch
Tracking (Alleged) Killer related data
The extradition list (Excel format): by name, what they are accused of, probable whereabouts, interpol arrest warrant, official extradition request, mentioned in the media or NGO, application for asylum, tried/indicted in host country and sources