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The International Criminal Tribunal for Rwanda (ICTR) functioned as a court for prosecuting persons responsible for genocide and other serious violations of international humanitarian law.
Established in November 1994 by the United Nations Security Council, the ICTR was tasked with bringing to justice those responsible for the genocide and other serious violations of international humanitarian law committed in the territory of Rwanda between 1 January and 31 December 1994. It could also prosecute Rwandan citizens responsible for genocide and other such violations of international law committed in the territory of neighbouring states during the same period.
The ICTR was based in Arusha, Tanzania, and was composed of three organs: the Chambers, the Prosecutor, and the Registry. The Chambers, consisting of sixteen independent judges elected by the UN General Assembly, were responsible for hearing cases and delivering judgments. The Prosecutor was responsible for investigating crimes and prosecuting the accused, while the Registry provided administrative and other support services.
The ICTR functioned under the principle of individual criminal responsibility, meaning that individuals, not groups or entities, were held accountable for crimes. It also operated under the principle of command responsibility, which holds military and political leaders accountable for crimes committed by forces under their effective control.
The ICTR had the power to impose a range of penalties, including imprisonment and restitution to victims. However, it did not have the power to impose the death penalty. Those convicted were to serve their sentences in Rwanda or in any of the countries that had agreed to enforce ICTR's sentences.
The ICTR was the first international tribunal to deliver verdicts in relation to genocide, and the first to interpret the definition of genocide as stipulated in the 1948 Geneva Conventions. It was also the first international tribunal to define rape in international criminal law and to recognise rape as a means of perpetrating genocide.
The ICTR faced numerous challenges, including logistical difficulties, witness protection issues, and criticisms of its slow pace and high cost. Despite these challenges, the ICTR played a crucial role in the global fight against impunity, contributing to the development of a credible international justice system, and laying the groundwork for the International Criminal Court.
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