By Kingsley Chiedu Moghalu (auth.)
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Additional info for Rwanda’s Genocide: The Politics of Global Justice
Rwanda read this as a slap on its face. How could an international tribunal “for Rwanda”—especially given the country’s unique need to see and feel justice for the genocide—be situated outside Rwanda? The answer is to be found, again, in the emphasis on the international tribunal’s primacy and its independence from Rwanda. The ICTY had already been situated at The Hague, far away from the Balkans and setting the precedent. Indeed as we have seen, the ICTR avoided being consigned to The Hague by a whisker.
The interim report of the Commission of Experts provided the formal basis for the establishment of an international tribunal by the Security Council. 12 The Rwandan request was a marked difference from the situation in the former Yugoslavia, where the Security Council established the ICTY without invitation from any of the warring parties. Thus, at least at the formal level, international judicial intervention in Rwanda proceeded at the invitation of the affected state, whereas in the former Yugoslavia it did not.
The negative vote was cast by Rwanda. 15 As noted a moment ago, several political and strategic issues loomed large in the voting patterns for the tribunal’s creation and the diplomatic horse trading that led up to the vote. For convenience, I will divide these issues into two broad categories. The first, which I call “framework” issues, includes those such as which crimes, committed over what period of time would be covered by the international tribunal’s jurisdiction, the “primacy” of that jurisdiction, the death penalty debate, and the location of the tribunal.