The ad hoc International Criminal Tribunal for Rwanda and National Reconciliation

Abstract

Armed conflicts and serious violations of human rights and humanitarian law continue to victimize millions of people throughout the world. As a result, more than 86 million civilians have died, been disabled or been stripped of their rights, property and dignity, since the end of the World War II. The world community has done very little for them or their families. Most victims have been forgotten and few perpetrators have been brought to justice. A culture of impunity seems to have prevailed. Today’s conflicts are often rooted in the failure to repair yesterday’s injury. The fight against impunity is not only a matter of justice, but is also inextricably bound up with the search for lasting peace in post conflict situations. Unless the injuries suffered are redressed, wounds will fester and conflicts will erupt again in the future. Accountability is therefore and indispensable component of peace building. International treaties and customs have produced a plethora of rules, laws and norms prohibiting atrocities such as genocide, war crimes and crimes against humanity, or forbidding the use of poison gas and biological and chemical weapons. But the record of the application and enforcement of these laws is not impressive. While states are competent and often legally obligated under international law to investigate, prosecute and punish such violations, states have often been either unable or unwilling to apply the law. Few perpetrators have in fact been brought to justice.2