Genocide Case Study Of The International Criminal Tribunal For Rwanda

The International Criminal Tribunal for Rwanda,the first international tribunal to rule on genocide,prosecuted a total of 93 criminals who committed serious violations of international humanitarian law in Rwanda from its establishment in 1995 to its closure in2015.The International Criminal Tribunal for Rwanda has played a pioneering role in establishing a credible international criminal justice system,resulting in a large number of cases of genocide,in which 55 accused were convicted of genocide and the impunity of those responsible for genocide was brought to an end.The article explores genocide cases in four parts.The first part of this article describes the historical background and the overall situation of the genocide tried by the International Criminal Tribunal for Rwanda.Analysis of the foundations of the establishment of the International Criminal Tribunal for Rwanda through the historical development of the genocide and the realistic context of the Genocide in Rwanda.Combing through the cases of genocide,summarizing the judgments of genocide and related crimes in relevant cases and the sentencing standards for genocide and related crimes,it is concluded that the sentencing of genocide can be divided into three levels,reflecting the principle of criminal classification.The second part of this article analyzes the elements of the crime of genocide at the International Criminal Tribunal for Rwanda on a case-by-case basis.Adopt the identification mode of psychological elements and material elements,and psychological elements include general psychological elements and special psychological elements.At the heart of the decision on genocide lay the identification of special psychological elements,and the Tribunal creatively explained the concept of "protected groups".At the same time,however,there are exceptions to special psychological elements,namely superior responsibility,complicity and unfinished crimes.Among the material elements,the International Criminal Tribunal for Rwanda defined rape and recognized rape as a means of genocide.The third part studies the sentencing principles of genocide and the circumstances affecting sentencing on the basis of cases.the sentencing principles of genocide and the circumstances affecting sentencing.The International Criminal Tribunal for Rwanda has based its sentencing principles on the basis of the principle of proportionality of crimes and the principle of individualization of penalties.With the seriousness of the crime as the core,the overall standard of punishment is determined.On the principle of individualization,forty aggravating and mitigating circumstances of crimes were established.The fourth part focuses on the contribution and reflection of the case of genocide at the International Criminal Tribunal for Rwanda.It expands the definition of genocide.The contribution of international criminal law lies in the determination of the responsibility of the Head of State,the application of superior responsibility in the civil sphere and the construction of a sentencing case law for genocide to prevent imbalances in the sentencing of international criminal law.In addition,the prevention of the abuse of genocide should establish the subject of judicial interpretation of the crime of genocide,exclude the application of "cultural genocide",and introduce and clarify the background elements of the crime of genocide.Clarifying the sentencing of the crime of genocide shall establish a clear and consistent principle of sentencing standards,provide a uniform definition of the seriousness of the crime,judges should clearly indicate the basis for determining the punishment in specific cases,and the aggravating and mitigating circumstances of the crime should always be relevant to the purpose of the sentence.