The Anthropology Of Genocide - WNLibrary

developments in international law 321
ternational Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens
Responsible for Genocide and Other Such Violations Committed in the Territory of
Neighboring States between 1 January and 31 December 1994 [Hereinafter Rwandan Tribunal
or ICTR]. For a discussion of the ICTR’s history, statute, and organization, see Akhavan
(1996) and Magnarella (1994, 2000).
4. U.N. SCOR, Statement by the President of the Security Council, 3414th mtg. at 1, U.N. Doc.
S/PRST/1994/42 (1994).
5. S.C. Res. 955, U.N. SCOR, 3453 mtg. at 1, U.N. Doc. S/RES/955 (1994) [Hereinafter
ICTR Statute].
6. For the text of the ICTR Statute defining each of these laws, see Magnarella (2000:
Appendix A).
7. Information in this chapter concerning Akayesu’s background, arrest, indictment, and
trial comes from Prosecutor v. Akayesu 1988.
8. For the full indictment, see Magnarella (2000:Appendix C).
9. For a detailed presentation of witness testimonies and sources, see Magnarella
(ibid.:103–8).
10. Crimes Against Humanity include widespread attacks against civilian populations
on political grounds.
11. A number of modern scholars and early explorers have commented on the physical
differences between Tutsi, Hutu, and Twa. For example, American anthropologist Helen
Codere (1962:48) writes that “although there has been sufficient intermixture to blur racial
lines, the majority of each caste is racially distinct. In stature, for example, the differences
are striking: the average stature of the Tutsi is 1 m. 75; the Hutu 1 m. 66; and the Twa 1
m. 55.” Unfortunately, Codere does not reveal the source, time, or sample size of her data.
Of the Tutsi, historian Lemarchand (1970:18) writes that “physical features [of the Tutsi]
suggest obvious ethnic affinities with the Galla tribes of southern Ethiopia.”
Duke Frederick of Mecklenburg, who traveled through Central Africa in 1907–8, writes:
The Watussi [that is, Tutsi] are a tall, well-made people with an almost ideal physique. Heights
of 1.80, 2.00, and even 2.20 meters (from 5 ft. 11 1/2 in. to 7 ft. 2 1/2 in.) are of quite common
occurrence,...their bronze-brown skin reminds one of the inhabitants of the more hilly parts
of northern Africa. . . . Unmistakable evidences of a foreign strain are betrayed in their high
foreheads, the curve of their nostrils, and the fine oval shape of their faces. (1910:47–48)
During 1933–34 the Belgians conducted a census and introduced an identity card system
that indicated the Tutsi, Hutu, or Twa “ethnicity” (ubwoko in Kinyarwanda, and ethnie in
French) of each person. However, the Belgians “decided to classify any individual [that is,
male farmer] with fewer than ten cows as a Hutu” (Vassall-Adams 1994:8). According to
African Rights (1995:9), the Belgians used “ownership of cows as the key criterion for determining
which group an individual belonged to. Those with ten or more cows were Tutsi—
along with all their descendants in the male line—and those with less were Hutu. Those ‘recognized
as Twa’ at the time of the census were given the status of Twa.” This basis for
classification contributed to the physical mix found in each of the various “ethnic” categories.
REFERENCES CITED
African Rights. 1995. Rwanda: Death, Despair, and Defiance. London: African Rights.
Akhavan, Payam. 1996. “The International Criminal Tribunal for Rwanda: The Politics and
Pragmatics of Punishment.” American Journal of International Law 90:501–10.