war crimes

Canada and International Criminal Law Online CPD

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In partnership with Grapple Law, Canadian Lawyers for International Human Rights (CLAIHR) presents an online Continuing Professional Development session on international criminal law, and how Genocide, War Crimes and Crimes Against Humanity are prosecuted in Canada.

CLAIHR President Juda Strawczynski examines the criteria for establishing Genoicde, War Crimes, and Crimes Against Humanity, and the Munyaneza case, Canada’s first prosecution under the Crimes Against Humanity and War Crimes Act.

  • Professionalism Hours 0
  • Substantive Hours 0.5

You can purchase and view this series here.

By |July 10th, 2015|Past Events|

Remembering the Rwandan Genocide

By Jessica Thrower

This month we commemorate the twentieth anniversary of the Rwandan genocide – an appalling atrocity where an estimated 800,000 to 1 million Rwandans were murdered in a three-month period that began April 7th, 1994. What are some of these lessons learned from the Rwandan genocide?

  1. It starts with words

One of the first lessons learned from the Rwandan genocide is that these events occurred as a result of state-sanctioned incitement to hate. The media conducted an orchestrated dehumanization and demonization of the minority Tutsi population, calling the Tutsis “cockroaches”. A private radio station, Radio-Television Libre des Mille Collines, later helped conduct the genocidal onslaught by giving specific orders on how to carry out killings, including identifying individuals to be attacked and where specifically they could be found.

Although Rwandans and international observers deplored the media campaign conducted against the Tutsis early on, no one intervened to stop the calls of hatred or the promotion of violence. In an attempt to prevent genocides before they happen, the international community must ensure that they are prosecuting individuals that are trying to incite genocide (as it is a crime under the Genocide Convention) and work to jam airwaves to prevent organized killing campaigns.

  1. Violence used against vulnerable populations

The second lesson learned is the consistent use of violence targeted at vulnerable populations. During mass atrocities, women, children, and refugees are often the first victims of oppression and brutality. The evidence presented at the International Criminal Tribunal for Rwanda showed that sexual violence and rape are regularly used as a weapon of war and a means to ensure the continued degradation, humiliation, and torture of the population.

  1. Danger of indifference and consequences of inaction

The third lesson learned is the danger of indifference and the consequences of inaction. The Rwandan genocide not only occurred because of state-sanctioned violence, but also because of international idleness regarding the establishment of an arms embargo, the stopping of aid, and use of military intervention.

In the Rwandan genocide, soldiers, the national police, and militia used small arms, grenades, and mortars. They attacked churches, schools, hospitals, and other regular gathering points for Tutsis, killing thousands of individuals. After this first wave of assaults, the survivors were then further terrorized by a second wave of attacks from civilians that wielded machetes or homemade weapons. Although the UN Security Council eventually established an arms embargo against the country, this occurred too late to prevent further genocide. Had the UN Security council imposed an embargo earlier, it would have led to fewer arms being available in the country, making attacks less effective.
In addition to establishing an arms embargo, international actors should have sent a clear condemnation of genocidal government and that they would stop aid if further violence occurred. The Rwandan regime was heavily dependent on aid and the government could not operate for long without it. If the international community announced that direct foreign assistance would be denied, it would have further called into question the legitimacy of the government and its long-term viability. This might have made it harder for the génocidaires to persuade Hutu elite and Rwandans to go along with their plans and follow their directives.

In some cases, the international community must also be willing to use force to end the killing. At the beginning of the crisis, the UN peacekeepers did not have the mandate or the personnel required for effective action. If the mandate had been broadened to allow for offensive action and had the peacekeepers received support from international troops, such as the French, Belgian, and Italian troops that were sent to evacuate their citizens, the combined forces could have saved the lives of many people and limited the number of civilians killed.

Critical reflection

In remembering the Rwandan Genocide, the international community must recommit to preventing and protecting human rights and the victims of mass atrocities. Although some of the results since Rwanda have been encouraging, such as the eventual NATO intervention in the Balkans, British troops in Sierra Leone, UN peacekeeping and French-led European troops in the Congo, the international community must continue to learn and become more effective in responding to violence. The international community must show that the pleas and concerns coming from Syria and most recently the Central African Republic are not falling on deaf ears.

By |April 26th, 2015|Blog|

2014 Year in Review: Munyaneza – Canada’s International Criminal Justice System Comes of Age

By Juda Strawczynski

The Quebec Court of Appeal’s decision in Munyaneza was one of the most important cases to be appealed to the Supreme Court of Canada in 2014.  Désiré Munyaneza appealed his conviction and life sentence for seven separate counts under Canada’s Crimes Against Humanity and War Crimes Act, S.C. 2000, c.24 (“Act”).  The convictions arose out of his participation in the Rwandan genocide of 1994 and consisted of:

– two counts of genocide, one by murder and the other by causing serious bodily or mental harm;
– two counts of crimes against humanity, one by intentional killings and the other by acts of sexual violence;
– three counts of war crimes, the first by murders, the second by acts of sexual violence, and the third by pillage (QCCA at para. 7)

However, unlike the other top cases of 2014, in Munyaneza the Supreme Court denied leave to appeal. As reasons for denying leave are not provided by the Supreme Court, it only took Justices LeBel, Karakatsanis, and Gascon one sentence to provide closure for Munyaneza’s victims.

The Supreme Court of Canada’s decision to deny leave is itself a major victory for international criminal justice. It demonstrates that Canada’s approach to international justice has reached a level of maturity: jurisdictional issues that typically complicate prosecutions of crimes against humanity and war crimes no longer necessitate a full hearing at the Supreme Court. Rather, lower courts are entrusted with the hearing of prosecutions under the Act, despite their jurisdictional and factual complexity.  The Munyaneza trial, for example, took 8 months, the Court heard from 66 witnesses, and 200 exhibits were filed.

Canada’s trial courts also appear to be suited to review, interpret, and apply international criminal law.  In the Munyaneza trial decision, Justice Denis considered the Rome Statute, as well as case law from the International Criminal Tribunal for Rwanda (ICTR), the International Criminal Tribunal for the former Yugoslavia (ICTY), and the International Criminal Court (ICC).  His decision demonstrates that Canadian courts at all levels are able to interpret,and participate in the transnational development of international criminal law, and thereby protect universal human rights.

The Supreme Court of Canada’s decision to deny leave to appeal sends the clear message that Canada has the proper authority under both national and international law to prosecute war crimes and crimes against humanity. Indeed, at the Quebec Court of Appeal, Munyaneza argued that certain charges against him could not be prosecuted in Canada because they were either not war crimes under international law at the time of the Rwandan genocide, or because this would give the Act retroactive effect contrary to the Charter of Rights and Freedoms. CLAIHR and the Canadian Centre for International Justice intervened at the Quebec Court of Appeal to respond to these arguments. The Quebec Court of Appeal ultimately rejected Munyaneza’s arguments.

The precedent-setting Munyaneza case stands for the principle that Canada will not allow the violation of human rights, wherever they have taken place, and even if Canada must use its own court system to see that justice is served.

 

 

By |February 20th, 2015|Blog|