Conspiracy to Commit Genocide: Prosecutor v Jean Kambanda and Prosecutor v Alfred Musema
AbstractThe author discusses both civil and common law for the prosecution of war criminals by the International Criminal Tribunal for Rwanda - a body established by the United Nations. The article is in the context of genocide, war-crimes or crimes against humanity committed by those who violate the laws and customs of war under the Geneva Convention. Double jeopardy forms the central theme of the indictments for conspiracy to commit genocide and genocide itself as illustrated by the Kambanda and Musema cases. The author provides an apt generalized and insightful exposition of the law as expounded by the ICTR and concludes that it is possible to convict on both counts of conspiracy and the substantive crime of genocide. |