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Ten Years Later, the Rwanda Tribunal still Faces Legal Complexities: Some Comments on the Vagueness of the Indictment, Complicity in Genocide, and the Nexus Requirement for War Crimes

Published online by Cambridge University Press:  08 October 2004

LARISSA VAN DEN HERIK  and
ELIES VAN SLIEDREGT
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Abstract

2004 marks the tenth anniversary of both the start of the genocide in Rwanda and the establishment of the ICTR by the UN Security Council. In the past decade the ICTR has operated slowly but progressively, and it has delivered some insightful case law. Legal issues continue to arise, however, in the practice of the ICTR. This article considers some of these issues, namely the vagueness of the indictment, complicity in genocide, and the nexus requirement for war crimes. The overview shows that in various instances the ICTR has relied on pivotal case law of the ICTY. Moreover, it is demonstrated that, on occasion, the case law of the ICTR has been somewhat inconsistent. Nevertheless, the ICTR's case law is a next step in the building of a sound international criminal law system, and there will certainly be more opportunities for the ICTR to contribute. These contributions will only be worthwhile, however, if the ICTR's output continues to be of high quality.

Keywords

complicity in genocideInternational Criminal Tribunal for Rwandanexus requirement for war crimesvagueness of indictment
Type
HAGUE INTERNATIONAL TRIBUNALS: Internation Criminal Tribunals for the Former Yugoslavia and Rwanda
Information
Leiden Journal of International Law , Volume 17 , Issue 3 , September 2004 , pp. 537 - 557
Copyright
© 2004 Foundation of the Leiden Journal of International Law

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