Uncharted Waters: Judging Genocide

  • Kingsley Chiedu Moghalu


From the normative perspective of international humanitarian law—laying down the law, punishing its transgressors, and setting new standards—the Arusha tribunal’s impact has been huge. The court’s judges have handed down historic verdicts that have set far-reaching precedents for other international war crimes tribunals and national courts on a global scale. And for the first time in Africa, “big men” that typically held sway in their national political environments, occasionally through genocidal massacres, were held accountable by a court of law. Those verdicts themselves have much political significance as I explained in the Introduction, but of course they do not remove the other political and strategic factors that are also embedded in the framework of the international tribunal.


Prison Sentence Trial Chamber Defense Lawyer International Criminal Tribunal International Tribunal 
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4 Uncharted Waters: Judging Genocide

  1. 1.
    Nicholas D. Kristof, “The Man Who Didn’t Abandon Rwanda,” International Herald Tribune, July 22, 2004.Google Scholar
  2. 2.
    See Ralph Zacklin, “The Failings of Ad Hoc International Tribunals,” Journal of International Criminal Justice 2, 2004, 541–545.CrossRefGoogle Scholar
  3. 3.
    Bill Berkeley, The Graves are Not Yet Full: Race, Tribe and Power in the Heart of Africa ( New York: Basic Books, 2001 ), 254.Google Scholar
  4. 4.
    See Samantha Power, “A Problem from Hell”: America and the Age of Genocide ( London: Flamingo, 2003 ), 42.Google Scholar
  5. 11.
    See Paul J. Magnarella, Justice in Africa: Rwanda’s Genocide, Its Courts, and the UN Criminal Tribunal (Ashgate Publishing Ltd., 2000 ), 98.Google Scholar
  6. 24.
    See also Joe Lauria, “Rape Added to Rwandan Women’s UN Charges,” The Boston Globe, August 13, 1999.Google Scholar
  7. 26.
    See Marlise Simons, “Trial Centers on Role of Press During Rwanda Massacre,” The New York Times, March 3, 2002Google Scholar
  8. 34.
    See Kingsley Chiedu Moghalu, “Rwanda Panel’s Legacy: They Can Run But Not Hide,” International Herald Tribune October 31-November 1, 1998, 6.Google Scholar
  9. 59.
    See Marlise Simons, “Wily Milosevic Keeps Hague Judges Guessing,” International Herald Tribune, September 22, 2004.Google Scholar
  10. 62.
    See Nina H.B. Jorgensen, “The Right of the Accused to Self-Representation Before International Criminal Tribunals,” American Journal of International Law, October 2004, 711–726.Google Scholar
  11. 63.
    See Judith Armatta, “Justice, Not a Political Platform,” International Herald Tribune, October 8, 2004.Google Scholar
  12. 68.
    Martin Ngoga, deputy prosecutor-general of Rwanda, telephonic interview with the author, December 28, 2004.Google Scholar

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© Kingsley Chiedu Moghalu 2005

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  • Kingsley Chiedu Moghalu

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