Prosecuting International Crimes in Africa - PULP - University of ...

152 Chapter 6
resolution may be illustrated by three examples, namely, Rwanda’s
Arusha Accords, the Dayton Accords of Bosnia and former Yugoslavia,
and the more recent Kenyan power-sharing deal.
In the case of Rwanda, the Arusha Accords (also referred to as the
Arusha Peace Agreement) were negotiated and signed in Arusha,
Tanzania on 4 August 1993 by the government of Rwanda and the rebel
movement, the Rwandan Patriotic Front (RPF), to end a three-year-long
Rwandan Civil War. The Arusha Peace Agreement established a Broad-
Based Transitional Government (BBTG) which included the insurgent
Rwandese Patriotic Front (predominantly composed of Tutsi minority)
and the five political parties of the time that had been part of a temporary
government since April 1992. The Agreement also included various points
considered necessary for lasting peace such as the rule of law, repatriation
of refugees both from fighting, power sharing agreements, and the merging
of government and rebel armies. Before the Agreement could even be
implemented, the death of the Rwandan President who was an integral
part of the process triggered a bloody genocide with both sides blaming
each other for the assassination.
In Kenya, following a disputed election in late 2007, ethnic clashes
engulfed Kenya in January and February 2008. Under an accord brokered
by former UN Secretary-General Kofi Annan, Kenya’s two main political
parties agreed to a power-sharing arrangement as a way to end the
violence. The accord called for the creation of a Grand Coalition
government in which the two parties would be equal partners. The
agreement has so far proven effective in restoring peace in Kenya; yet there
remains significant potential for future conflict, and the success of the
agreement in coming years will largely depend on how Kenya’s political
leaders negotiate a number of divisive issues. The importance of the two
leaders to the peace process was stressed by chief negotiator Kofi Anan
throughout the negotiations and has been underscored during the tenure of
the Agreement, particularly during moments of disagreement.
The Dayton Agreement is a pact entered into by the Republic of
Bosnia and Herzegovina, the Republic of Croatia and the Federal Republic
of Yugoslavia which put an end to the three-and-a-half-year-long war in
Bosnia and one of the armed conflicts in the former Socialist Federative
Republic of Yugoslavia. The main participants from the region were
Serbian President Slobodan Milošević (representing the Bosnian Serb
interests in the absence of Radovan Karadžić), Croatian President Franjo
Tuđman, and Bosnian President Alija Izetbegović with Bosnian Foreign
Minister Muhamed Sacirbey. It is noteworthy of the Dayton case that
Slobodan Milosevic was later indicted by the ICTY and transferred to The
Hague where he passed away in custody long after the peace process in the
Balkans had been secured.