By Kingsley Chiedu Moghalu (auth.)
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Additional info for Rwanda’s Genocide: The Politics of Global Justice
In these circumstances, it was not surprising that several, especially Western members of the Security Council concluded that an environment in which impartial justice could be handed down was absent. 33 While these countries appeared focused on the tribunal’s potential positive impact on Rwandan society, the group of states that opposed locating the tribunal in Rwanda were more concerned about the independence of the tribunal from Rwanda, and focused on it as a post-Nuremberg instrument to advance international law for a global audience.
This is so not in the context of trials and judgments in individual cases before the tribunal (these were unquestionably fair), but rather in that of carrying out of the mandate of the tribunal to investigate and adjudicate atrocities by both the genocidal, extremist Hutu government and the RPF forces that formed the post-genocide government. At any rate, the safe distance between Arusha and Kigali created space in which the judges of the international tribunal could consider evidence and adjudicate in a dispassionate manner.
That process was delayed by the Cold War. But the ethnic cleansing in the former Yugoslavia and the genocide in Rwanda gave the UN the chance to adapt and deploy its responsibilities and interventionist powers to the judicial arena. The Security Council’s court-creating function, then, was simply an innovative application of the legislative drafting principle that a law can be interpreted to give effect to its intention. Four factors made this re-engineering of the Council’s role in international security possible.