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The Role of the International Community In Enabling the Victors’ Justice at the ICTY and ICTR

Failure by the international court to hold the international community responsible for aiding Victors’ justice in the ICTY and ICTR is a long-standing issue that has not been addressed nor been resolved. The international community plays a critical role in determining the outcome of ad hoc tribunals.

This is because they have vested interest ranging from political, economic interests as well as self-preservation. The different interests by the permanent UN Security members dictates their influence on the ad hoc tribunals. They hold an important vote in the Security Council and their actions largely influence other UN members’ votes and decisions made by the UN secretary General.

This article seeks to evaluate the role played by the International community in the pre and post genocide period in Rwanda and in the Balkans war and how this role eventually influenced the ICTR and ICTY in aiding victors Justice.

THE PRE GENOCIDE PERIOD

Throughout the 20th century, the outside world has played a pivotal role in the Rwandan society.

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It helped shape its economy, its social relations, its power structure, its public discourse. Similar to other African Countries where there was partitioning by the colonial masters, Rwanda’s destiny has been carved out through the interplay between internal forces and external actors.

Stephen D. Goose and Frank Smyth state that over the years, various co-operation agreements, both military and civilian, established a solid permanent French presence in Rwanda, France becoming one of Rwanda’s foremost creditors and arms suppliers. Relations between representatives of the two governments were unusually close at the personal as well as official levels.

In the early 1980s at least 2,000 Banyarwanda in Uganda joined a guerrilla movement led by a former defense minister, Yoweri Museveni. In 1986 Museveni and his men took power. In 1990, when the Rwanda Patriotic Front (RPF) invaded Rwanda across it’s northern border with Uganda, more than half it’s initial guerrillas and most of it’s officers were drawn from Uganda’s army. Uganda also provided an array of small arms to RPF. To counter the invasion, the Hutu government drew from its existing stock of Belgian automatic rifles and French armored vehicles