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Mr. Vagn Joensen

President Vagn Joensen
International Criminal Tribunal for Rwanda

BiographyBiography in PDF

Criminal Law and Procedure
International Criminal Justice
An Introduction to the International Criminal Tribunal for Rwanda and its Impact on the
Rule of Law in Rwanda
This lecture focuses on the evolving relationship between Rwanda and the International Criminal Tribunal for Rwanda (“ICTR”) over the past two decades and how that relationship has led to judicial reform in Rwanda. The lecture will provide a brief overview of the Rwandan legal system in the wake of the genocide and focus on how the judicial decisions rendered by the ICTR impacted legislative reform in Rwanda and strengthened the national court system to ensure the prosecution of those offenders that did not fall within the ICTR’s mandate.

Video | Audio
(45 minutes)
Criminal Law and Procedure
International Criminal Justice
An Introduction to the International Criminal Tribunal for Rwanda and its Impact on the Rule of Law in Rwanda
SummaryPDF document (13 KB)
A. Legal Instruments
International

Charter of the United Nations and Statute of the International Court of Justice, San Francisco, 26 June 1945.

Statute of the International Criminal Tribunal for Rwanda, Security Council resolution 955 (1994) of 8 November 1994.

Rome Statute of the International Criminal Court, Rome, 17 July 1998, United Nations, Treaty Series, vol. 2187, p. 3.

Statute of the International Residual Mechanism for Criminal Tribunals, Annex I to United Nations Security Council Resolution 1966 (2010) of 22 December 2010.

National

Organic Law No. 08/96 of 30 August 1996 on the Organisation of Prosecutions for Offences constituting the Crime of Genocide or Crimes against Humanity committed since October 1, 1990, Official Gazette of the Republic of Rwanda of 30 August 1996.

Organic Law No. 66/2008 of 21 November 2006 Modifying and Complementing Organic Law No. 31/2007 of 25 July 2007, Official Gazette of the Republic of Rwanda, No. 23 of 1 December 2008.

Organic Law No. 11/2007 of 16 March 2007 Concerning Transfer of Cases to the Republic of Rwanda from the International Criminal Tribunal for Rwanda and from Other States, Official Gazette of the Republic of Rwanda of 19 March 2007.

Organic Law No. 31/2007 of 25 July 2007 Relating to the Abolition of the Death Penalty, Official Gazette of the Republic of Rwanda of 25 July 2007.

Organic Law No. 03/2009/OL. of 26 May 2009 Modifying and Complementing the Organic Law No. 11/2007 of 16/03/2007 Concerning the Transfer of Cases to the Republic of Rwanda from the International Criminal Tribunal for Rwanda and Other States, Official Gazette of the Republic of Rwanda of 26 May 2009.
B. Jurisprudence
International Criminal Tribunal for Rwanda, Prosecutor v. Yusuf Munyakazi, Decision on the Prosecutor’s Request for Referral of Case to the Republic of Rwanda of 28 May 2008, ICTR-97-36-R11bis.

International Criminal Tribunal for Rwanda, Prosecutor v. Gaspard Kanyarukiga, Decision on Prosecutor’s Request for Referral to the Republic of Rwanda of 6 June 2008, ICTR-2002-78-R11bis.

International Criminal Tribunal for Rwanda, Prosecutor v. Ildephonse Hategekimana, Decision on Prosecutor’s Request for the Referral of the Case of Ildephonse Hategekimana to Rwanda of 19 June 2008, ICTR-00-55B-R11bis.

International Criminal Tribunal for Rwanda, Prosecutor v. Yussuf Munyakazi, Decision on the Prosecution’s Appeal against Decision on Referral under Rule 11bis of 8 October 2008, ICTR-97-36-R11bis.

International Criminal Tribunal for Rwanda, Prosecutor v. Gaspard Kanyarukiga, Decision on the Prosecution’s Appeal against Decision on Referral under Rule 11bis of 30 October 2008, ICTR-2002-78-R11bis.

International Criminal Tribunal for Rwanda, Prosecutor v. Jean-Baptiste Gatete, Decision on Prosecutor’s Request for Referral to the Republic of Rwanda of 17 November 2008, ICTR-2000-61-R11bis.

International Criminal Tribunal for Rwanda, Prosecutor v. Ildephonse Hategekimana, Decision on the Prosecution’s Appeal against Decision on Referral under Rule 11bis of 4 December 2008, ICTR-00-55B-R11bis.

International Criminal Tribunal for Rwanda, Prosecutor v. Fulgence Kayishema, Decision on the Prosecutor’s Request for Referral of Case to the Republic of Rwanda of 16 December 2008, ICTR-01-67-R11bis.

High Court of Justice of England and Wales, Vincent Brown aka Vincent Bajinja et al v. The Government of Rwanda, [2009] EWHC 1473 (Admin) of 8 April 2009.

International Criminal Tribunal for Rwanda, Prosecutor v. Jean Uwinkindi, Decision on Prosecutor’s Request for Referral to the Republic of Rwanda of 28 June 2011, ICTR-2001-75-R11bis.

European Court of Human Rights, Ahorugeze v. Sweden, Judgment of 27 October 2011, Case No. 37075/09, [2011] ECHR 1829.

International Criminal Tribunal for Rwanda, Jean Uwinkindi v. The Prosecutor, Decision on Uwinkindi’s Appeal against the Referral of his Case to Rwanda and Related Motions of 16 December 2011, ICTR-01-75-AR11bis.

International Criminal Tribunal for Rwanda, Prosecutor v. Fulgence Kayishema, Decision on Prosecutor’s Request for Referral to the Republic of Rwanda of 22 February 2012, ICTR-01-67-R11bis.

International Criminal Tribunal for Rwanda, Prosecutor v. Charles Sikubwabo, Decision on the Prosecutor’s Request for Referral of the Case to the Republic of Rwanda of 26 March 2012, ICTR-95-1D-R11bis.

International Criminal Tribunal for Rwanda, Prosecutor v. Ladislas Ntaganzwa, Decision on the Prosecutor’s Request for Referral of the Case to the Republic of Rwanda of 8 May 2012, ICTR-96-9-R11bis.

International Criminal Tribunal for Rwanda, Prosecutor v. Bernard Munyagishari, Decision on the Prosecutor’s Request for Referral of the Case to the Republic of Rwanda of 6 June 2012, ICTR-2005-89-R11bis.

International Criminal Tribunal for Rwanda, Prosecutor v. Ryandikayo, Decision on the Prosecutor’s Request for Referral of the Case to the Republic of Rwanda of 20 June 2012, ICTR-95-1E-R11bis.

International Criminal Tribunal for Rwanda, Prosecutor v. Aloys Ndimbati, Decision on the Prosecutor’s Request for the Referral of the Case of Aloys Ndimbati to Rwanda of 25 June 2012, ICTR-95-1F-R11bis.

International Criminal Tribunal for Rwanda, Prosecutor v. Phénéas Munyarugarama, Decision on the Prosecutor’s Request for Referral of the Case to the Republic of Rwanda of 28 June 2012, ICTR-02-79-R11bis.

International Criminal Tribunal for Rwanda, Prosecutor v. Bernard Munyagishari, Decision on Bernard Munyagishari's Third and Fourth Motions for Admission of Additional Evidence and on the Appeals against the Decision on Referral under Rule 11 Bis of 3 May 2013, ICTR-2005-89-AR11bis.
C. Documents
Letter dated 28 September 1994 from the Permanent Representative of Rwanda to the United Nations Addressed to the President of the Security Council, UN Doc. S/1994/1115 (1994).

Security Council Resolution 955 (1994) of 8 November 1994.

International Criminal Tribunal for Rwanda, Rules of Procedure and Evidence, 29 June 1995 (as amended on 10 April 2013).

Fourth Annual Report of the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violations Committed in the Territory of Neighbouring States Between 1 January and 31 December 1994, UN Doc A/54/315 (1999).

Sixth Annual Report of the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violations Committed in the Territory of Neighbouring States Between 1 January and 31 December 1994, UN Doc A/56/351 (2001).

Seventh Annual Report of the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violations Committed in the Territory of Neighbouring States Between 1 January and 31 December 1994, UN Doc A/57/163 (2002).

Security Council resolution 1503 (2003) of 28 August 2003.

Tenth Annual Report of the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violations Committed in the Territory of Neighbouring States Between 1 January and 31 December 1994, UN Doc A/60/229 (2005).

Twelfth Annual Report of the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violations Committed in the Territory of Neighbouring States Between 1 January and 31 December 1994, UN Doc A/62/284 (2007).

Report on the Completion Strategy of the International Criminal Tribunal for Rwanda, UN Doc. S/2008/322 (May 1, 2008).

International Criminal Tribunal for Rwanda, Report of the Rules Committee on Proposed Amendment to Rule 11 bis of 15 March 2011.

Report on the Completion Strategy of the International Criminal Tribunal for Rwanda, UN Doc. S/2012/836 (Nov. 5, 2012).

International Criminal Tribunal for Rwanda, “OTP-ICTR Lessons Learnt Manual for the Tracking and Arrest of Fugitives from International Justice” of September 2013.

International Criminal Tribunal for Rwanda, “Prosecuting Mass Atrocities: A Compendium of Lessons Learned and Suggested Practices from the Offices of the Prosecutors” (2013). The Compendium is accessible to members of the International Association of Prosecutors only.

International Criminal Tribunal for Rwanda, Prosecution of Sexual Violence: Best Practices Manual for the Investigation and Prosecution of Sexual Violence Crimes in Post-Conflict Regions, Kampala, 30 January 2014.

Report on the Completion Strategy of the International Criminal Tribunal for Rwanda, UN Doc. S/2014/343 (15 May 2014).
D. Doctrine
Bergsmo, Morten and Philippa Webb, “Some Lessons for the International Criminal Court from the International Judicial Response to the Rwandan Genocide” in Phil Clark and Zachery D. Kaufman (eds.), After Genocide: Transitional Justice, Post-Conflict Reconstruction and Reconciliation in Rwanda and Beyond, London, Hurst & Company, 2008, pp. 351-361.

Ph. Clark, “The Rules (and Politics) of Engagement: The Gacaca Courts and Post-Genocide Justice, Healing and Reconciliation in Rwanda” in Phil Clark and Zachery D. Kaufman (eds.), After Genocide: Transitional Justice, Post-Conflict Reconstruction and Reconciliation in Rwanda and Beyond, London, Hurst & Company, 2008, pp. 297-319.

E. Daly, “Between Punitive and Reconstructive Justice: The Gacaca Courts in Rwanda”, New York University Journal of International Law & Politics, vol.  34, 2002, p. 355.

A. Dieng, “Capacity-Building Efforts of the ICTR: A Different Kind of Legacy”,Northwestern University Journal of International Human Rights, vol. 9, 2011, p. 403.

M. A. Drumb, “Punishment, Post genocide: From Guilt to Shame to Civis in Rwanda”, New York University Law Review, vol. 75, 2000, p. 1233.

H. B. Jallow, “The Contribution of the United Nations International Criminal Tribunal for Rwanda to the Development of International Criminal Law” in Phil Clark and Zachery D. Kaufman (eds.), After Genocide: Transitional Justice, Post-Conflict Reconstruction and Reconciliation in Rwanda and Beyond, London, Hurst & Company, 2008, pp. 261-279.

P. Manirakiza, “The Case for an African Criminal Court to Prosecute International Criminal Crimes Committed in Africa” in Africa and the Future of International Criminal Justice, 2012, pp. 375-404.

N. Palmer, “Transfer or Transformation? A Review of the Rule 11 bis Decisions of the International Criminal Tribunal for Rwanda”, African Journal of International and Comparative Law, vol. 20, 2012, p. 1.

W. A. Schabas, “Post-Genocide Justice in Rwanda: A Spectrum of Options” in Phil Clark and Zachery D. Kaufman (eds.), After Genocide: Transitional Justice, Post-Conflict Reconstruction and Reconciliation in Rwanda and Beyond, London, Hurst & Company, 2008, pp. 207-227.

M. M. Westberg, “Rwanda’s use of Transitional Justice after Genocide: The Gacaca Courts and the ICTR”, The University of Kansas Law Review, vol. 59, 2011, p. 331.
E. Additional References