“We need to eliminate from this earth the impunity with which the genocidaires were able to act, and re-emphasise the principle of justice for all, so that no one for even a moment will make the ethical and moral mistake of ranking some humans as more human than others, a mistake that the international community endorsed by its indifference in 1994.”
Senator Romeo Daillaire, Force Commander UNAMIR, Rwanda 1993-4
What is the role of international justice in genocide prevention?
One of history’s lessons that has yet to sink in is that unpunished crimes can provide a precedent for later crimes. In 1939, addressing a group of Nazi leaders and Wehrmacht generals, Hitler is reported to have said:
“Who, after all, speaks today about the annihilation of the Armenians?”
When mass atrocities have been or are being committed, one of the most important tools the international community has to try and stop them is the threat that the individuals responsible will be prosecuted and punished for what they have done. Bringing the perpetrators to justice serves to de-legitimise their crimes, and demonstrates respect for the victims.
The enforcement of international justice also helps to direct global attention to international horrors. Prosecutions can help raise awareness and focus the attention of the international community, which in turn provides an important base of regional and international support for peace processes.
If the international community is silent in the face of genocide, then this silence conveys indifference to both the crime and its perpetrators. The enforcement of international justice is a strong means of voicing a reaction. Its role is vital to the prevention of genocide as well as the punishment of its perpetrators.
How does the system of International Justice work?
Over 60 years ago with the Nuremberg Trials, for the first time, those who committed crimes against humanity were held accountable before the international community.
It was almost half a decade after Nuremberg that the nextprosecutions for genocide took place at the international level, when the International Criminal Tribunal for the former Yugoslavia (ICTY) was established in 1993. Since hearings began, the court has indicted 161 individuals, of whom 126 have completed proceedings. On 20 July 2011, the last remaining fugitive of the Tribunal, Goran Hadžić, was captured in Serbia, marking a milestone for the Tribunal.
Shortly after the ICTY’s establishment, the International Criminal Tribunal for Rwanda (ICTR) was set up in November 1994 to judge people responsible for the Genocide and other serious violations of international law. To date, the Tribunal has indicted 92 individuals, with the proceedings of 28 cases having closed.
In 2002, the International Criminal Court (ICC) was created as a permanent court with jurisdiction over genocide, crimes against humanity and war crimes. Yet notably, a number of states—including China, Israel, Sudan and the United States—have refused to either sign or ratify the Rome Statute of the International Criminal Court, indicating that they do not intend to become states parties and, as such, they have no legal obligations regarding the statute. In 2009 an arrest warrant was issued for Omar Al-Bashir, the president of Sudan and the first sitting Head of State to be indicted. However, Sudan has so far refused to cooperate with the ICC.
There have also been attempts within national arenas to achieve justice for survivors of genocide. In Rwanda, in 2001, local Gacaca courts were established to deliver transitional justice to individuals and communities affected by the genocide. The mission of these courts is to deliver truth, justice and reconciliation; working in small, community courts to relieve the burden of the larger courts. Low-level perpetrators are bought to a public trial, where survivors and the victims’ families can confront the accused. Although there have been some criticisms of the lack of legal representation that the accused receive, it may be that it is only through methods such as the Gacaca system that Rwanda will be able to bring to trial the thousands of alleged genocidaires who are languishing in overcrowded jail cells.
What role can Aegis Students play?
Aegis Students works towards justice for the victims of genocide and mass atrocities, including, but not limited to, supporting the role of the ICC. We are dedicated to supporting ongoing efforts to raise awareness about the importance of international justice and to supporting the Darfur Union UK and the Aegis Trust’s campaigning efforts on this issue. In particular, Aegis Students supports the Aegis Trust’s Wanted for War Crimes campaign. Aegis Students sees ongoing justice as a vital feature of genocide prevention.
Further resources:
• Justice and Accountability (Aegis Trust Campaign): http://www.aegistrust.org/Darfur/justice-and-accountability.html
• The Enforcement of International Criminal Law (Aegis Trust): http://www.aegistrust.org/images/reports_briefings_2009/Enforcement_of_International_Criminal_Law.pdf
