Arusha, 07th April, 2004

STATEMENT BY ICTR PROSECUTOR,
HASSAN B. JALLOW ON THE COMMEMORATION OF
THE 10TH ANNIVERSARY OF THE RWANDAN GENOCIDE

Ten years ago, Rwanda and indeed the world experienced one of its worst humanitarian tragedies. In the space of barely a hundred days from the night of the 6th April 1994, almost a million people – by some accounts over a million people – were brutally killed in an officially planned and premeditated genocide. There were killed for no reason other than that they were different from their assailants.

The international community has responded to this tragedy through the establishment of the International Criminal Tribunal on Rwanda (ICTR) by the UN Security Council Resolution 955 (1994). It’s mandate is to render justice to the victims through the prosecutions of those persons responsible for the genocide and other such violations committed between 1st January 1994 and 31st December 1994.

Beginning in early 1995, the Office of the Prosecutor (OTP), of the Tribunal embarked on investigations – some of which continue to-date – and has successfully indicted and prosecuted senior political, military and local authority leaders of the former Rwandan government. Others include senior members of the church, the media and private persons who were involved in the planning, preparation and implementation of the genocide or who due to the extensive and serious nature of their participation, rank amongst those who bear the greatest responsibility for the atrocities.

At as of present, the ICTR has delivered fifteen judgments involving 21 accused, 3 of who were acquitted and the rest convicted. Of that number, 9 accused persons were sentenced to imprisonment for the remainder of their lives, having been convicted of genocide, crimes against humanity and war crimes. Others have been sentenced to various terms of imprisonment. The trials of 21 other detainees are currently in progress before the Tribunal. They involve 8 ministers, 1 parliamentarian, 2 prefects, 2 senior administrators, 3 bougmestres, 3 military officers, 1 conseiller and 1 other person. Another 21 accused persons are in custody in Arusha, Tanzania, awaiting commencement of their trials. These were people who occupied positions of leadership in Rwanda. They however betrayed that trust and instead used the authority of their office to inflict untold suffering on the innocent people of Rwanda.

The world commemorates the 10th Anniversary of this genocide now against the backdrop of the Completion Strategy of the ICTR. The Security Council by its Resolution 1503 of 27th August 2003 requires the Tribunal to complete its investigations on new indictments by the end of 2004, to complete all trial activities at first instance by the end of 2008 and wind up all work in 2010.

Much work remains to be done by these dates. Indeed, it would appear more than what has been accomplished in the first decade since the genocide. Many indicted persons remain at large and need to be apprehended and transferred to the Tribunal. The investigations into many important targets need to be pursued, concluded and the decisions taken on new indictments.

The Completion Strategy Resolution of the Security Council has enabled the OTP to review its workload and redefine it in the sense of what it believes can be accomplished by the stated deadline, with the focus on the prosecution of those who played a leadership role in the genocide. It has enabled the OTP to review its strategies regarding amongst others, our indictment policy, a more vigorous and effective approach to prosecutions, institutional changes and capacity building. It has finally enabled the OTP to develop a Plan of Action – now in the process of being finalized – outlining the steps and actions that need to be undertaken, by who and within what time frame. We are confident that with adequate support from the UN system and the international community, these measures will set us on the right course for a successful implementation of the Completion Strategy.

As we commemorate the 10th Anniversary of the genocide, the OTP pays its deepest respects to all those victims of this sad and tragic chapter in Rwanda’s history. We seize the opportunity to renew our commitment to the mandate entrusted to us by the international community through the Statute of the ICTR to investigate and prosecute those persons responsible for the serious violations of international humanitarian law. We shall strive to discharge that mandate to the fullest extent by bringing to account, at the Tribunal or elsewhere, those bearing the greatest responsibility for the genocide. We shall continue to search for such people wherever they may be hiding and bring them to justice.

The discharge of that mandate requires the fullest co-operation of the international community. The continued support and collaboration of the people and government of Rwanda – which has been encouraging – in relation particularly to facilitating access to witnesses and evidence is indispensable to effective prosecution at the Tribunal. The process at Arusha, the seat of the Tribunal, is one in whose success the people of Rwanda have an immense stake. They must continue to help the Tribunal contribute to justice and reconciliation in their country and to let the rule of law prevail internationally.

Some specific aspects of the Completion Strategy rest on effective international co-operation. As required by successive resolutions of the Security Council, all member States should, either hand over to the Tribunal all those persons it seeks to apprehend or take measures to comply on this occasion.

An important element of completion is the plan of the OTP to transfer the cases of some of the detainees currently in Arusha as well as some of those at large, to national jurisdictions including Rwanda, for trial. I appeal to those countries that will shortly be approached in this respect, to accept such cases and thus contribute an important element not only to the process of justice in Rwanda but also in rendering more effective the process of international criminal justice. The rest of the world community should support those states that are willing to accept cases but are constrained by resource difficulties.

The work of the OTP and the Tribunal as a whole is a strong and effective legal response to the genocide. It is meant to provide justice to the victims and in that way, contribute to the process of peace and reconciliation in Rwanda. Equally important however, it is meant to send a message to the rest of the world that there is an end to tolerance of impunity; that people who engage in such reprehensible conduct, particularly those in positions of leadership, will be held to account for their behaviour. In this regard, our work should be of deterrence value.

The problem of human rights violations generally is not adequately dealt with by just a legal response. A broader response that addresses the plight of victims generally, as well as provides measures for early warning and prevention, plays an important role in combating the phenomenon of genocide worldwide. In this respect, the Action Plan for Combating Genocide proclaimed by the Secretary General, His Excellency, Koffi Annan, provides the international community with the opportunity to implement a sustained broadbased response of a preventive nature to the phenomenon which requires the fullest support of all those engaged in the quest for justice. Let us all seize that opportunity and help to prevent the recurrence of such tragedies in any part of the world.