The Crime of Genocide in International Law: Appraising the Contribution of the UN Tribunal for Rwanda

The Crime of Genocide in International Law offers a comprehensive evaluation of the contribution of the UN International Criminal Tribunal for Rwanda to the development of the crime of genocide. The author s analysis of ICTR jurisprudence and other relevant sources, reveal the pioneering role of the Court in establishing the contours of the crime.

In appraising the ICTR s contribution against the backdrop of limited treaty definition of genocide, and absence of judicial or other precedents, this book examines, amongst other things, the constituent elements of the crime including the actus reus, specific intent and whether all modes of criminal responsibility including Joint Criminal Enterprise, equally apply to all genocidal acts. The book also addresses specific contextual issues surrounding the Tutsis, the victims of atrocities in Rwanda during the 1990s, asking whether they qualify as a protected group under the definition of genocide. More broadly, the author discusses whether it is possible to reconcile cumulative charges of genocide with crimes against humanity and war crimes.

George Mugwanya begins with the background to the creation, mandate and functioning of the ICTR. This is followed by an evaluation of the ICTR s contribution to the development of international law on the crime of genocide with respect to the notion of group that forms part of the definition of the crime, as well as the actus reus of the crime. The mens rea of genocide, along with the constituent elements of the other acts of genocide, are appraised in chapters 4 and 5 respectively. Chapter 6 proceeds to cover the contribution of the Tribunal with respect to some issues pertinent to the prosecution of genocide, such as charging genocide, defences and sentencing following conviction for the crime. Chapter 7 consists of general conclusions.