The International Criminal Tribunal for Rwanda's approach to serious violations of humanitarian law

Abstract

On October 1, 1990 the Rwandan Patriotic Front launched a war from and with the support of the Republic of Uganda against Rwanda. This war was accompanied by unspeakable violations of International Humanitarian Law. Both conflicting parties violated the basic rules protecting the civilian population in situations of armed conflicts. The United Nations Security Council, acting under Chapter VII of its Charter, passed resolution 955 of November 8, 1994 establishing the International Criminal Tribunal for Rwanda to prosecute alleged responsible of such violations.

This study investigates the background of the ICTR and questions the nature of the conflict that prompted the Security Council to establish another ad hoc international criminal tribunal after the one established for the former Yugoslavia. It further inquires into its jurisprudence and reflects critically on the ICTR's approach to serious violations of IHL under Article 3 Common to the Geneva Conventions and Additional Protocol II.