NAME: MERCY KAIRUTHI

REG NO: LA11/00013/21

UNIT: PUBLIC INTERNATIONAL LAW

TASK: RESEARCH

DATE: 06/12/2023
TITLE: THE RWANDAN GENOCIDE OF 1994, A TEST OF INTERNATIONAL LAW

ABSTRACT

The Rwandan Genocide of 1994 is one of the darkest chapters in the history. It is characterized
by its brutal extermination of nearly a million people within a span of about three months. This
genocide challenges and serves as a reminder to the international law commitment to
preventing and responding to such mass cruelties against humanity.

1. Introduction

The Rwandan Genocide of 1994 was rooted in the ethnic tensions between the Hutu and Tutsi
communities. This was due to the colonial era division. Furthermore, the assassination of
President Habyarimana served as a catalyst leading to the loss of lives estimated to be about a
million people. This introduction aims to contextualize the genocide within the socio-political
dynamics of the time. Moreover, this brings about a crucial discussion which has been divided
into the following sections:

2. Historical background

The historical roots the Rwandan genocide can be traced back to the colonial era where the
Belgian colonial authorities fueled the ethnic differences between the Hutu, who were the
majority and the Tutsi, who were the minority, coupled with the assassination of President
Habyarimana that served as a catalyst led to the unleashing of a very brutal violence in Rwanda
that led to the loss of many lives. Understanding the historical background is crucial in
explaining the complexities of the events that unfolded in Rwanda in 1994.

3. Role of International Law and Implementation

The role of international law and its implementation in the Rwandan Genocide of 1994 reflects
a complex interplay of historical realities, legal principles and the limitations of international law
and organizations. This discussion explains how international law was implicated in the
genocide and also the challenges faced in the effective implementation of the law. This has
been explained further in the following sub-sections:

3.1 Genocide convention and legal framework

The Genocide Convention defined genocide as a crime in international level and it also imposed
duty on states to prevent and punish such acts. However, this provision of the convention was
not adhered to in the Rwandan Genocide. The legal framework relied and continues to rely on
the willingness of states to fulfill their duties and thus implementation faced challenges. The
convention was severally tested by the Rwandan genocide has it was not complied with by the
state and international communities.

3.2 Duty to avert the genocide and geopolitical implications

International law imposes a duty on states to prevent and punish genocide. In the case of the
Rwandan genocide there were early warning signs that could have been addressed to prevent
the genocide. However, the implementation of preventive measures as provided for in the
Genocide Convention was lacking and thus the spark of the Rwandan genocide. The failure to
effectively act upon the early warning signs, which included things such as hate propaganda and
the ethnic tensions, led to a gap between the legal duty to prevent the genocide and the
practical challenges of the intervention.

3.3 Principle of state sovereignty versus responsibility to protect

In the Rwandan Genocide the principle of state sovereignty clashed with the responsibility of
international law to protect people against such humanity cruelties. The reluctance of
international law to intervene in what was perceived as internal affairs of Rwanda state showed
the tension between the two principles. This genocide revealed the challenges in reconciling the
rights of a sovereign state and the responsibility of international law to safeguard human rights.

3.4 Implementation challenges

Despite there being legal obligations stated clearly in the genocide convention, the
implementation of the preventive measures faced challenges in the Rwandan genocide. The
implementation challenges came about due to the following:

3.4.1. Inadequate peacekeeping mission and intervention

The role of international law in authorizing peacekeeping missions and interventions was
insufficient in the Rwandan genocide. The United Nations Assistance Mission for Rwanda was
not well equipped and it was inadequately supported thus this hindered its ability to fulfill its
mandates as provided.

3.4.2. Role of security council

In the Rwandan genocide the role of United Nations Security Council remains a subject of
intense scrutiny. Veto powers provided for in the security council and political considerations
hindered decisive action. The delayed intervention of the security council in the Rwandan
genocide showed the shortcomings of the security council’s ability to act promptly in the face of
a humanitarian crisis.
 4. Accountability and Justice

International law emphasizes on the accountability for crimes such as the genocide by the
states. After the Rwandan Genocide the International Criminal Tribunal for Rwanda was
established as to aim to bring justice. However, the delayed establishment of the tribunal and
also the lengthy legal process that comes with it has been seen to question the capacity of
international law to bring the said justice.

5. Breaches of State Obligations

The international community’s failure to respond effectively to the genocide highlighted

breaches of state obligations. The principle of non-intervention in the internal affairs of a
sovereign state collided with the responsibility of international law to protect the people from
the genocide. This emphasizes on the need to understand the state obligations in the case of a
humanitarian crisis.

6. Responsibility of the genocide

The responsibility of the genocide lies in the fact that that the world did not do enough to stop
it. States and international organizations failed to act promptly and decisively to prevent the
genocide. However, both the individual perpetrators and international communities shared a
responsibility to prevent it. The legal framework in particular the United Nations faced criticism
due to it delayed intervention and the shortcomings in the efforts of maintaining peace. The
responsibility extended to the individuals and the international legal framework highlights the
need for continuous efforts to enhance prevention and also effective mechanisms to prevent
such problems that raise the need for international law intervention.

7. Lessons learnt and Ongoing challenges

The Rwandan Genocide of 1994 serves as a crucial lesson in international law UpToDate. The
failure of international community to prevent the genocide underscores the need of a more
quick and responsible international law so as to ensure there is no such case at a future date.
However, the tension between the principle of state sovereignty and responsibility of
international law remains to be an ongoing challenge. This thus emphasizes the continued
efforts to strike a balance that prioritizes human rights so that to avoid abuse of those rights.

8. Evolving nature of genocide in the contemporary world

The Rwandan Genocide serves as a reminder in the evolving nature of genocide in the
contemporary world. The interplay of historical grievances, ethnic tensions, and political
instability underscores the complexity of preventing and responding to humanitarian problems.
The international community’s efforts to adapt legal framework to the evolving nature of
genocide highlights the need for continuous reflection and reform.

9. Assessment

The Rwandan Genocide of 1994 revealed the shortcomings of the application of international
law. Despite there being legal frameworks such as the Genocide Convention the international
community failed to prevent and respond promptly to the crime. The challenge to reconcile the
sovereignty of states and the responsibility of the international law hinders effective
intervention to prevent such crimes. Also, the inadequate peacekeeping missions and delayed
justice underscored the deficiencies. This genocide emphasized on the need of a more effective
and responsive legal framework to prevent and address international problems, such as
genocide, effectively.

10. Conclusion and Recommendations

In conclusion, the Rwandan Genocide remains to an important testament in the shortcomings

of international law in preventing and responding such problems. The international community
must continually reform legal frameworks, strengthen mechanisms to ensure international
peace and security, and prioritize the protection of vulnerable population. This research has
various recommendations which includes: reforming security council decision-making,
enhancing international cooperation in post-conflict reconciliation and justice and fostering a
culture of preventing such crimes.