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Proving and punishing genocide at the International Criminal Tribunal for Rwanda

Proving and punishing genocide at the International Criminal Tribunal for Rwanda International Criminal Law Review 4: 65–81, 2004. © 2004 Koninklijke Brill NV. Printed in the Netherlands. 65 Proving and punishing genocide at the International Criminal Tribunal for Rwanda JAMES MEERNIK Introduction Genocide, the killing of a people, has occurred throughout human history. Conquerors like the Assyrians, the Mongols, and the Crusaders committed genocide in the course of war to eliminate their enemies. The term, “geno- cide” was only coined in 1944 by the Polish jurist, Raphael Lemkin, 1 while the act of genocide did not become criminalized until after World War II. 2 In December, 1948, states came together under the auspices of the United Nations to pass the ‘Convention on the Prevention and Punishment of the Crime of Genocide’. After the Armenian genocide during World War I and in the immediate aftermath of the Holocaust, humankind vowed that such acts would never again happen. Unfortunately, genocides and genocidal acts con- tinue to occur, most recently in the former Yugoslavia and Rwanda. But until the creation of the International Criminal Tribunal for the Former Yugoslavia (ICTY) in 1993 and the International Criminal Tribunal for Rwanda (ICTR) in 1994, there were no international courts to conduct trials for the http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Criminal Law Review Brill

Proving and punishing genocide at the International Criminal Tribunal for Rwanda

Meernik, James
International Criminal Law Review , Volume 4 (1): 65 – Jan 1, 2004
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Publisher
Brill
Copyright
© 2004 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1567-536X
eISSN
1571-8123
DOI
10.1163/157181204773085948
Publisher site
See Article on Publisher Site

Abstract

International Criminal Law Review 4: 65–81, 2004. © 2004 Koninklijke Brill NV. Printed in the Netherlands. 65 Proving and punishing genocide at the International Criminal Tribunal for Rwanda JAMES MEERNIK Introduction Genocide, the killing of a people, has occurred throughout human history. Conquerors like the Assyrians, the Mongols, and the Crusaders committed genocide in the course of war to eliminate their enemies. The term, “geno- cide” was only coined in 1944 by the Polish jurist, Raphael Lemkin, 1 while the act of genocide did not become criminalized until after World War II. 2 In December, 1948, states came together under the auspices of the United Nations to pass the ‘Convention on the Prevention and Punishment of the Crime of Genocide’. After the Armenian genocide during World War I and in the immediate aftermath of the Holocaust, humankind vowed that such acts would never again happen. Unfortunately, genocides and genocidal acts con- tinue to occur, most recently in the former Yugoslavia and Rwanda. But until the creation of the International Criminal Tribunal for the Former Yugoslavia (ICTY) in 1993 and the International Criminal Tribunal for Rwanda (ICTR) in 1994, there were no international courts to conduct trials for the

Journal

International Criminal Law Review – Brill

Published: Jan 1, 2004

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