The International Criminal Tribunal for Rwanda (ICTR) has been set up to prosecute those responsible for committing war crimes and crimes against humanity during the Rwandan genocide in 1994. Since then the ICTR has only prosecuted individuals who have committed genocide.

The Rwandan Patriotic Front, currently Rwanda’s ruling party, was behind the killings of thousands during the 1994 genocide. In perpetrating these horrific killings the RPF committed war crimes and crimes against humanity. These crimes have been well documented. Despite all the evidence the ICTR has failed to prosecute any members of the RPF for war crimes and crimes against humanity. According to Richard Dicker, director of Human Rights Watch’s International Justice Program, this omission could tarnish the legacy of the Tribunal and undermine its past achievements. RPF’s violation of international humanitarian law has ensued in cases being opened against its leader by Spain and France.

In contrast, the International Criminal Tribunal for the Former Yugoslavia has been more successful.

Further tarnishing the legacy of the ICTR is an incident whereby the ICTR Prosecutor referred a case to a Rwandan court concerning the deaths of 15 people, among them prominent members of the Catholic Church, in June 2004. The Military Court of Kigali acquitted two senior officers while two other junior officers received reduced sentences of eight years. An appeal by the Rwandan Prosecutor has culminated in the officers’ arrest. A decision is pending.

Meanwhile there have been concerns over the Rwandan courts’ fair trial procedures. This explains the Tribunal’s general reluctance in transferring any cases to the national courts. The ICTR Prosecutor has pronounced that should there be any miscarriages of justice; the Tribunal will be compelled to re-assert its jurisdiction over the cases.

The ICTR’s mandate is set to expire at the end of 2009. Whether an extension will be granted by the Security Council is yet to be discussed. Should none be granted, it is highly unlikely that the Tribunal will effectively accomplish its mission. ‘The victims of the RPF crimes’, says Dicker, ‘deserve justice. Failure to bring these cases before the court will call into question the impartiality and independence of the ICTR’.