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Last revised
17 Dec. 2003

 

 

 

 Punishing Genocide
Prosecution and punishment of genocide, war crimes, crimes against humanity and other international crimes
Domestic Prosecution
International Prosecution
 

Domestic Prosecution of Genocide In Rwanda, Cambodia, Germany, Kosovo, Latvia and other nations

Extraditions and transfers of persons accused genocide and other international crimes

Mixed Tribunals (Int'l and Domestic):

Special Court for Sierra Leone (see also the Sierra Leone Truth and Reconciliation Commission )

Mitrovica District Court -- United Nations Interim Administration Mission in Kosovo (UNMIK)

Dili District Court and the Serious Crimes Unit  UNTAET (East Timor)

International Criminal Court The Hague, Netherlands. Established 2003. (See also CICC)

ICTR Ad Hoc International Criminal Tribunal for Rwanda (Arusha, Tanzania)

ICTY Ad Hoc International Criminal Tribunal for the former Yugoslavia (The Hague, Netherlands)

“National Courts Finally Begin to Prosecute Genocide, the ‘Crime of Crimes’”, by William A. Schabas, Journal of International Criminal Justice 1:1 April 2003: pp. 39-63.
The 1948 Genocide Convention contemplates prosecution by the national courts of the territory where the crime took place, and by an international criminal court. The drafters of the Convention meant to exclude universal jurisdiction, although courts have since tended to interpret Article VI of the Convention as being merely permissive, and in no way a prohibition of universal jurisdiction. Finally, within the past decade, the national courts of the territory where genocide was committed, other national courts and the international tribunals created by the Security Council have undertaken genocide prosecutions. Alongside the activities of the two ad hoc international tribunals, national courts in Rwanda, Bosnia and Herzegovina, Croatia and Kosovo have held trials based on the provisions of the Convention. The Rwandan trials now number in the thousands, but those in the other jurisdictions have been essentially symbolic. As for universal jurisdiction, the mere handful of genocide prosecutions (for instance in Germany, Switzerland, and Belgium) show that it can fill the gaps in the Convention. The problems appear to be political rather than judicial. Abstract | Full Text (25 Page PDF file)

The Intermittent, ad hoc or selective enforcement of laws against genocide and other international crimes will not deter potential perpetrators. It is the likelihood of punishment which can deter those who contemplate participation in such crimes.

Evidence for Indictment:
The Genocide of Kurds in Iraq

Captured Iraqi Secret Police Files Eighteen tons of documents were captured by Kurdish groups from Iraqi secret police stations, interrogation centers and prisons during a March 1991 uprising. These documents were shipped to the United States for safekeeping and analysis in two separate shipments in May 1992 and August 1993. The documents are now available for research at the University of Colorado at Boulder.

Judicial System Monitoring Programme Information on the Indonesian Ad Hoc Human Rights Court for East Timor, a non-government organisation established in East Timor in April 2001.

INDICT, a group of individuals and organizations across the world, was created in 1996 for the purpose of bringing Saddam Hussein and other leading figures in the current regime in Iraq before an international tribunal to face charges of war crimes, crimes against humanity, crimes against peace and the crime of genocide.
Prevent Genocide International

info@preventgenocide.org