Contentious Case: Rwanda v. France
The international community has been heavily criticized for its failure to intervene during the Rwandan genocide of 1994. Recently, France has been accused of playing an active role in perpetrating the genocide. These allegations include:
1. Providing vital military aid and political support to the Hutu regime
2. Arming and training the Interhamwe militias that carried out the genocide
3. Allowing genocide perpetrators to escape or reestablish themselves in safe zones under Operation Turquoise, France’s military intervention designed to stop the genocide
4. Continuing to shield Hutu genocide perpetrators, notably Agathe Habyarimana, widow of then Hutu President Juvenal Habyarimana
France’s active role during the genocide calls into question whether these actions can be punished under the UN Convention on the Prevention and Punishment of the Crime of Genocide. In 2007, the ICJ ruled in a genocide case, Bosnia and Herzegovina v. Serbia and Montenegro, and the precedent set by this decision may have an effect on whether France should be held accountable for its actions.
While the main focus of this case will be on the crime of genocide, France’s actions may have also violated agreements such as the Universal Declaration of Human Rights and the underlying principles of the United Nations Charter. If it is deemed that France’s actions caused the deaths Rwandan Tutsis, then the human rights of those affected, as protected under the proceeding declarations, have been violated. Furthermore, since French armed forces were sent into Rwanda, the legality of such an intervention can be disputed under the Hague Conventions of 1907 concerning the Laws and Customs of War on Land.
The Court, under contentious jurisdiction can hear Rwanda’s case against France. Genocide has been a crime that has often gone unpunished. The ICJ in the Bosnia v. Serbia case took a more reserved approach and it will be interesting to how the tests established in the decision apply to France’s actions. Genocide is also a very technical topic, making way for varied opinions and heated debates among delegates.
