Report of Proceedings - International Criminal Tribunal for Rwanda

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have an increased awareness of policies and activities in other countries. For example, the arms dealers who are involved in massacres in Sierra Leone are probably doing business in other situations. PARTICIPANT AND AUDIENCE MEMBER QUESTIONS AND COMMENTS Ms.Barbara Mulvaney, ICTR Senior Trial Attorney, agreed with the need for increased co-operation, noting that currently there is not even co-operation on logistics. For example, getting witnesses to come to Arusha and testify can be a challenge because there is no uniform system. She agreed that global standards, pulled from various traditions and mutually agreed upon, must be set for the ICC to operate effectively. Mr. Bernard Muna, Former Deputy Prosecutor, ICTR, expressed his concern with the term, “global standards” because many different societies—with different beliefs and traditions—are involved. Instead, he argued, the international justice system should move towards a set of global values. These could be used as a reference for societies as they create their own standards. Mr. Ocampo responded by supporting his initial comments, asserting that “global values” are not enough. The ICC needs “global standards,” because “global standards” implies agreement. The court has to respect, understand, and learn from, different traditions. By finding a way to develop a common, or global, standard, the ICC demonstrates that is it not just a Western court. Many panellists reiterated the need to stay focused. It was noted that this is also necessary to prevent becoming overwhelmed by the enormity and mass nature of the crimes before the courts. However, Mr. Adama Dieng, ICTR Registrar, was concerned with Mr. Ocampo’s assertion that litigation must be very focused, fearing that limiting investigations might preclude re-considering a case when new information is uncovered. Hon. Judge Erik Møse, President, ICTR, responded to comments made about judicial administrative activism. He noted that it is subsidiary and only comes into play when there is both a deadlock and a purpose of being efficient. It is a remedy that should be applicable to both parties. Mr. Charles Adeogun-Philips, ICTR Senior Trial Attorney, asked for clarification on Rwanda’s motivation to re-classify rape as a Category 1 offence when it was originally, in 1996, categorised as Category 4 under the Organic Law. Mr. Martin Ngoga, Deputy Prosecutor General, Rwandan Government, responded by explaining that there was existing jurisprudence from the ICTR that clearly stated that rape is a tool of genocide. It was a fundamental error to have ever placed the crime of rape in Category 4. The government realised that it was undermining rape victims by placing the crime in Category 4. Mr. Ngoga also believed that initially the government did not realise how widespread the crime had been. Furthermore, there was also a lot of pressure from NGOs and 32
various women’s organisations, which are very powerful in Rwanda. The nation has the largest number of women in parliament. Although the government could not resist that pressure, it also understood the merit of making rape a Category 1 crime, and so there amendment was made. There was an intense discussion on the RPF soldiers and the crimes they are alleged to have committed the philosophy of “victor’s justice” in that situation, and the steps taken by the military justice system in Rwanda. Several panellists also commented on the compromises that were made in Rwanda to stabilise the society and the prominent role that NGOs played in the aftermath of the genocide. VIII. Concluding Statements of the Colloquium by Mr. Hassan Bubacar Jallow The Mandate of the Tribunal is to prosecute persons responsible for genocide and other serious violations of international humanitarian law committed in the territory of Rwanda. This colloquium commemorating the 10 th anniversary of the Tribunal’s existence provided a forum for the exchange of ideas and information on various issues. It afforded a rare opportunity for the ICTR to highlight its achievements and more importantly, learn from its setbacks. This allowed for all institutions present, to develop strategies that would lead to a more effective and consistent approach in the Prosecution of International Crimes. All Tribunals have acknowledged that at their inception they were sailing uncharted waters. The voice of international criminal law had not yet been defined. The Colloquium allowed for all parties concerned to redefine, bear witness to and enhance the understanding of the international criminal law. Mr. Moreno-Ocampo in his keynote address quoted Mr. Nelson Mandela stating: ‘The challenge for the modern prosecutor is to become a lawyer for the people. It is your duty to build an effective relationship with the community and to ensure that the rights of the victims are protected. It is your duty to prosecute thoroughly and effectively according to the rule of law and to act in a principled way without fear, favour or prejudice. It is your duty to build a prosecution service that is an effective deterrence to crime and is known to demonstrate great compassion and sensitivity to the people it serves.’ The Colloquium afforded the opportunity to expound on how to fulfil this duty and thereby fully achieved the objectives espoused in its proposal to the donors. Faced with various constraints and the fulfilment of a completion strategy, it was reaffirmed that the Tribunals must not neglect their duty to the victims. The need to share common experiences, fears and concerns in accomplishing this tremendous task becomes even more apparent. It is for this reason that Mr. Crane’s invitation to assemble in six months in Freetown, Sierra Leone was warmly accepted and adopted by the delegates. In addition, Mr. Jallow emphasised the necessity to network and to create a forum where prosecutors can regularly consult each other in between events such as the Colloquium with a view to continuously improve this international criminal justice system. Mr. Jallow's proposal to set up a task force comprising staff to be identified by each Prosecutor and with the responsibility of establishing a best- 33
Page 1 and 2: Colloquium of Prosecutors of Intern
Page 3 and 4: thereby improving the effectiveness
Page 5 and 6: which has both of these groups in a
Page 7 and 8: Mr. Ocampo concluded by noting the
Page 9 and 10: ing out evidence that supported a c
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Page 13 and 14: There must be a way to establish so
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Page 17 and 18: Mr. Cote also addressed the issue o
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Page 31: global test to apply international
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Report of Proceedings - International Criminal Tribunal for Rwanda

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