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Email this citationCIAO DATE: 03/04
The International Criminal Tribunal for Rwanda: Time for Pragmatism
September 2003
Abstract
One year ago, the International Criminal Tribunal for Rwanda (ICTR) was mired in trouble, under serious time constraint because of the firm date by which its work had to be finished. It faced three challenges. First, to organise a program of investigations that would give it a realistic chance to finish all its initial proceedings by 2008. Secondly, to set up a time-table for cases that reflected its priorities, including the need for greater efficiency. Thirdly, to resist pressure from the Rwandan government, which was attempting to stymie any possibility that members of the Rwandan patriotic army (RPA) would be tried. With respect to all three challenges, the ICTR has become more pragmatic.
A deadly overburdening of the tribunal's workload has been avoided. The flood of arrests and charges has been decisively dried up. However, there is still room for this realistic approach to be carried to its logical conclusion - namely for the court to show the courage to put a stop to new cases. It has charged 82 persons with genocide. Quite simply, the ICTR does not have the capacity to deal with any more cases. More importantly, the main suspected perpetrators have already been indicted. The departure of Carla del Ponte as prosecutor, forced by the United Nations Security Council on 28 August 2003, and her replacement by the Gambian judge Hassan Jallow do not change the court's priorities. It needs to complete the outstanding cases and re-launch its enquiries into the war crimes presumed to have been committed by the RPA, which have been suspended for more than a year.
