ABSTRACT
With the adoption of UN Resolution 955 on 8 November, 1994 by the UN Security Council, the ‘International Criminal Tribunal for the Prosecution of Persons Responsible for the Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violations Committed in the Territory of Neighbouring States between 1 January and 31 December 1994’ (ICTR) was created under Chapter VII of the United Nations Charter. The creation of an ad hoc tribunal as a response to violations of international humanitarian law is but one response among the many available to the United Nations. According to Yacoubian, the international community has historically responded to the various instances that have encompassed a number of violations of international humanitarian law (Yacoubian 2003). Included in the list of methods for dealing with such violations are ‘1) doing nothing; 2) granting amnesty; 3) creating a truth and reconciliation commission; 4) domestic prosecutions; and 5) creating ad hoc international criminal tribunals’ (Yacoubian 2003: 135). Indirectly, the ICTR seeks to provide response mechanisms, on the part of the international community, that include both the creation of the ad hoc tribunal as well as support for domestic prosecutions. According to the ICTR Statute, the stated purpose and mandate of the tribunal are:
To contribute to the process of national reconciliation and to the restoration and maintenance of peace … contribute to ensuring that such violations are halted and effectively redressed … strengthen the courts
and judicial system of Rwanda, having regard in particular to the necessity for those courts to deal with large numbers of suspects.
