Country: Rwanda

Event: Pearl-MUN 2004 [ICJ]


Advocates: Fatema Boukhadour
Altaf Al-Dukair



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The Rwandan National Anthem

Rwanda

 

 

 

The Rwandan Case

 

I. Rwanda Memorium.

 

A. Statements of Facts:

00. On April 8th Mr. Habyarimana was killed when his plane was shot down.

01. In the following two months, over 800,000 Ethnic Tutsis and sympathetic Hutus died in a genocide campaign.

02. The United Nations declared the war in Rwanda a "genocide."

 

B. Regarding France:

101. Prior to the Rwanda genocide, the French government provided arms and training to the then Rwandan government.

102. A French foreign ministry spokesman Yves Doutriaux said weapons deliveries were halted before the United Nations arms embargo was imposed on Rwanda in May, 1994.

103. In the days after the assassination of the Rwandan president, French troops supplemented and acted in close cooperation with the Rwandan interim government.

104. On April 9th, the morning after the assassination, three French planes arrived in Kigali, two of them heavily loaded with missiles and other arms subsequently used by the interim governmental army.

105. French supplied arms played an important role in the genocide.

106. The United Nations placed an international arms embargo on the sale of arms to combatants on April 30, which came into effect May 17.

107. French companies operating under government license delivered arms to the Rwandan forces five times in May and June through the town of Goma, four of which arrived after the Security Council imposed an embargo.

108. UNAMIR, Rwandan army officers and RPF sources all reported seeing several white men in military uniform in Rwanda—and not part of UNAMIR—in early April and again after mid-May.

109. French troops moved United Nations peacekeepers away from a college where they were protecting 2,000 Tutsis, and after the peacekeepers were moved, the Tutsis were slaughtered.

110. The French government's Operation Turquoise conducted near the end of the Rwandan Civil War, supposedly aimed at stopping the genocide, allowed Hutu leaders to escape into Zaire and "some military officers in Paris talked openly of "breaking the back of the RPF."

111. Jacques Baumel, vice president of the defense committee in the French National Assembly, declared that the eminent victory of the RPF is "threatening the privileged position of France."

112. Ethiopian forces who took over from the French found that some leading killers had been allowed to escape from custody and saw French vehicles being used to transport Rwandan army personnel to safety in Zaire.

113. France continued to provide military training for the ex-Rwandan army in the Central African Republic, and France and Zaire, flouting the arms embargo, continued to provide weapons to the leaders of the former Rwandan regime in Zaire.

114. The French government has made an inquiry into the Rwandan genocide and judging against Rwanda without going to Rwanda: it's contained in a report for France's leading anti-terrorist judge, Jean-Louis Bruguiere.

115, On December 15, 1998 The French parliament on Tuesday accused the United States of obstructing UN intervention in the 1994 genocide in Rwanda that left some 800,000 people dead.

 

C. Regarding USA:

201. During the genocide campaign, the United States never publicly described the killers as genocides.

202. When Human Rights Watch requested that the United States jam radio station RTLM, which was urging citizens to massacre Tutsi, the United States decided against doing this.

203. The United States, charged with supplying equipment to the United Nations forces being sent to Rwanda, spent seven weeks in negotiating the conditions of delivery for fifty armored personnel carriers, a delay which Human Rights Watch described as "outrageous."

204. In Mid-June, the American Congress itself criticized the President for his delays in deploying US equipment to aid the UN forces.

205. On May 3, shortly before the arms embargo was imposed, the Voice of America reported that US. Ambassador to the UN Madeleine Albright stated that the Clinton administration had reason to believe that someone was supplying weapons, [to the then-Rwandan government], "but she refused to name that country."

206. The United States, despite having 200 troops in the region, made no attempt to deploy them to Rwanda.

206. The United States led a campaign to reduce in size the peacekeeping force of UNAMIR.

207. Throughout the genocide campaign, the US continued to insist on negotiating a cease-fire.

208. Despite overwhelming evidence to the contrary, The US president subsequently lied, claiming he had "no knowledge" of the extent of the genocide.


D. Regarding Burundi:

101. Burundi voiced its support of a French book alleging that president Paul Kagame orchestrated the murder of president Habyarimana

 

E. Legal Claims against France:

1. France, by providing arms, military training and combat troops before and during the Rwandan genocide campaign and by landing combat troops in Operation Turquoise, violated the Arusha Accords, which states: (1993, 4th August, Article II): "The cease-fire shall imply: (6) the withdrawal of all foreign fighters…"

2. France, in providing arms to the Rwandan interim government after May 17, 1993, violated United Nations Security Council Resolution 928, which states: " 13. Decides that all states shall prevent the sale or supply to Rwanda by their nationals or from their territories or using their flag vessels of arms and related material of all types, including weapons and ammunition, military vehicles and equipment, paramilitary police equipment and spare parts; "

3. France, in supplying arms used by the Rwandan army in its genocide campaign and in moving UN troops away from protecting subsequently murdered civilians, violated the Genocide Convention of 1948, which states: "Having considered the declaration made by the General Assembly of the United Nations in its resolution 96 (I) dated 11 December 1946 that genocide is a crime under international law, contrary to the spirit and aims of the United Nations and condemned by the civilized world; Recognizing that at all periods of history genocide has inflicted great losses on humanity; and Being convinced that, in order to liberate mankind from such an odious scourge, international co-operation is required; Hereby agree as hereinafter provided. Article 1 The Contracting Parties confirm that genocide, whether committed in time of peace or in time of war, is a crime under international law which they undertake to prevent and to punish." Convention on the Prevention and Punishment of the Crime of Genocide Adopted by Resolution 260 (III) A of the United Nations General Assembly on 9 December 1948.

4. France’s behavior in Rwanda, its interference in the Lakes regions, and its attempted intervention via Operation Turquoise violate its obligations as a Security Council member: (UN Charter Article V, Chapter V, Article 24: "In order to ensure prompt and effective action by the United Nations, its Members confer on the Security Council primary responsibility for the maintenance of international peace and security, and agree that in carrying out its duties under this responsibility the Security Council acts on their behalf. In discharging these duties the Security Council shall act in accordance with the Purposes and Principles of the United Nations."

5. France, in allowing genocidal suspects to escape through the corridor provided by Operation Turquoise, violated the Genocide Convention of 1948, which state: "Article 1 The Contracting Parties confirm that genocide, whether committed in time of peace or in time of war, is a crime under international law which they undertake to prevent and to punish." Convention on the Prevention and Punishment of the Crime of Genocide Adopted by Resolution 260 (III) A of the United Nations General Assembly on 9 December 1948.

6. France, in publishing governmental reports blaming the United States and Rwanda for the genocide campaign conducted with its aid has violated the United Nations Charter, which states:
"(Article 1, )To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace;

 

F. Legal Claims against the United States:

1. The United States, by failing to criticize the "un-named nation above" failed to live up its commitments as a member of the UN Security Council and specifically the provisions of resolution 918 (May 17, 1994): "14. Decides also to establish, in according with rule 28 of the provisional rules oft Security Council a Committee of the Security Council consisting of all members of the Council, to undertake the following tasks and to report on its work to the Council with the following observations and recommendations: (b) to consider any information brought to its attention by States concerning violations of the embargo, and in that context to make recommendations to the Council on ways of increasing the effectiveness of the embargo (c) to recommend appropriate measures in response to violations of the embargo imposed by paragraph 13 above and provide information on a regular basis to the Secretary-General for general distribution to the Member states."

2. The United States, in failing to jam radio station RTLM and the delays it caused to the sending of the UNAMIR peacekeeping force, and in light of its overwhelming military power, failed to live up to its commitments in the Genocide Convention, which states: "Article 1 The Contracting Parties confirm that genocide, whether committed in time of peace or in time of war, is a crime under international law which they undertake to prevent and to punish." Convention on the Prevention and Punishment of the Crime of Genocide Adopted by Resolution 260 (III) A of the United Nations General Assembly on 9 December 1948.

3. In lying regarding its information regarding the extent of the genocide, the United States failed to live up to international standards of honesty. " (Article 1, ) To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace;

 

G. Legal Claims against Burundi:

1. By allowing the descendants of the former president to blame President Paul Kagame for the genocide invoked by the death of the Rwandan president, Burundi failed to live up to international standards of fair behavior.

 

H. Judgments requested from France:

France will:

1. Give a sincere and heart-felt national apology from the France and Burundi, this national apology would not only be broadcast through the media but every country who accused Rwanda (including France) would state that they were wrong of accusing Rwanda and broadcasting all the un true rumors.

2. Secure the Rwandan boarders by placing troops on every side (north, south, east and west) these troops would mainly be composed of the French and American troops.

3. Admit that they were wrong about their accusations and comments.

4. Retrieve all copies of the books accusing Paul Kugame and ban it.

5. Help build orphanages, Hospitals, Schools, crisis centers, psychological counseling.

6. Help make Rwanda a better place to live in (i.e. planting trees, water) and help revive Rwanda (by offering many various jobs in Rwanda especially during the process of Rwanda’s revival).

7. Help to restore Rwanda's economy (by compensation)

8. Give compensation to every Rwandan family and the Rwandan Government of not less than 33 billion dollars, in order to help both Rwanda’s Government (Economy) and to all the grieving families.

9. Improve the security in Rwanda by forming an agency and a school specially for training you men to use the technology and training methods to ensure Rwanda’s safety for many years to come.

10. Sign a statement accepted legal responsibility and guilt for its aiding the Rwandan militias in their genocide campaign.

11. Pay to each surviving family member a total of $100,000 per deceased family members for a total of 80 billion.

12. Give an annual gift in military aid of $20 billion dollars to the Rwandan Army.

 

I. Judgments requested from the United States:

The US will

1. Deliver to Rwanda; stated all over international broadcasts, and radios, in a UN conference or such, in French and English.

2. Lift any sanctions on imports and exports to Rwanda from the United States.

3. Give $200 million dollars of military aid.

4. Order the US to share all its information with the United Nations about future crises and allow a public flow of information.

5. Pay fines for the damage, and chaos it caused while ignorantly ignoring the UN resolutions, charter, and conventions, and defying them.

6. Order the US to pay 600 billion dollar in compensation to the families and victims to the genocides, and to the Rwandan government.

7. Give permission to the United States to form a similar group as the CIA located in Rwanda to cooperate with the Rwandan government and act as a link with the US CIA and government.

 

K. Judgments requested from Burundi:

Burundi will

1. Write an apology and a written statement saying that they were wrong to believe both France’s statements and the book published that accuses Rwanda’s president Paul Kagame.

2. Deliver an apology to Rwanda; stated all over international broadcasts, and radios, in a UN conference or such, in French and English.

3. Agree not to breach it's alignment with Rwanda (specifically with the military).

 

 

 

II. Rwanda’s Presentation against France

 

A. France violated the Arusha Peace Accords of Article II, by remaining in Rwanda from more than the maximum number of months:

Evidence # 1: The cease-fire shall imply (Evidence 1-9):

1: The cessation of all hostilities for the purpose of dialogue and serious negotiations between the two parties udder the auspices of the Mediator or a Facilitator;

2: The suspension of supplies of ammunition and weaponry to the field;

3: The supply of non-lethal logistical needs to the military forces in the field;

4: The withdrawal of all foreign troops after the effective deployment of the Neutral Military Observer Group (NMOG) except for Military Officers serving in Rwanda under bilateral Cooperation Agreements;

5 A ban on infiltration of troops and on the conveyance of troops and war material to the area occupied by each party;


Evidence #10:

"French soldiers were supposed to have left Rwanda in December 1993 under the terms of the Arusha Accords. Only twenty-four remained officially after this date, as part of a military training program for the army general staff, the National Police and other units. But according to Michel Roussin, then Minister of Cooperation, forty to seventy soldiers were actually in Rwanda in early April. Within minutes after the plane was shot down, French soldiers were at the site of the crash, although UNAMIR soldiers were prevented by Rwandan troops from approaching it. The next morning, four French soldiers stood guard outside the Habyarimana’s home while members of the Presidential Guard escorted visitors in and out. Early on April 9, French soldiers secured the airport for the arriving evacuation force, working in close cooperation with Rwandan army troops, and they served as intermediary between the Rwandan soldiers and the Belgian evacuation force, then regarded as hostile by the Rwandans." Verification: Human Rights Watch Organization.

 

B. France also violated Resolution 918 by providing illegal weapons and arms embargo to Rwanda.

Evidence #1:

"13. Decides that all States shall prevent the sale or supply to Rwanda by their nationals or from their territories or using their flag vessels or aircraft of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary police equipment and spare parts;" Verification: Chapter VII of the Charter of the United Nations. "During a three year civil war, France provided weapons and military training to the established government, while Uganda and others supported the RPF." Verification: I.C.T.R.

 

C. France also violated the UN Charter by irresponsible behavior and were planning to use operation turquoise to help save the provisional government

Evidence #1:

"They launched Operation Turquoise much to prevent an RPF conquest of the entire country as to save civilian lives. In the end, the French soldiers did rescue thousands of persons, but instead of arresting the perpetrators of genocide, they permitted—and in some cases apparently helped—them to escape." Verification: Human Rights Watch Organization.


Evidence #2:

"The French government did not even wait for the Security Council decision and landed its troops in Goma, which was to serve as the rear-base of the operation, hours before the council, with five abstentions, voted the mandate for Operation Turquoise." Verification: 139 Ibid., p. 397; Human Rights Watch/FIDH interview, Plainsboro, New Jersey, June 14, 1996.


Evidence #3:

"They launched Operation Turquoise much to prevent an RPF conquest of the entire country as to save civilian lives. In the end, the French soldiers did rescue thousands of persons, but instead of arresting the perpetrators of genocide, they permitted—and in some cases apparently helped—them to escape." Verification: Human Rights Watch Organization.


Evidenced # 4:

"Operation Turquoise was eventually credited with rescuing at least ten thousand Tutsis in western Rwanda, but thousands more continued to be killed in the French-occupied zone. Hutu Power brigades draped their vehicles with French flags to lure Tutsis from hiding to their deaths; and even when real French troops found survivors, they often told them to wait for transport, then went away and returned to find that those they had "saved" were corpses. From the moment they arrived, and wherever they went, the French forces supported and preserved the same local political leaders who had presided over the genocide." Verification: Human Rights Watch Organization.

Witnesses included: the delegates of France and a delegate who represents the Human Rights Watch Organization.

 



D. UNITED NATIONS Security Council GENERAL S/RES/918 (1994) 17 May 1994

RESOLUTION 918 (1994)

Adopted by the Security Council at its 3377th meeting, on 17 May 1994

The Security Council,

Reaffirming all its previous resolutions on the situation in Rwanda, in particular its resolution 872 (1993) of 5 October 1993 by which it established the United Nations Assistance Mission for Rwanda (UNAMIR), its resolution 909 (1994) of 5 April 1994 which extended the mandate of UNAMIR until 29 July 1994, and its resolution 912 (1994) of 21 April 1994 by which it adjusted the mandate of UNAMIR,

Recalling the statements made by the President of the Council on 7 April 1994 (S/PRST/1994/16) and 30 April 1994 (S/PRST/1994/21),

Having considered the report of the Secretary-General dated 13 May 1994 (S/1994/565),

Reaffirming its resolution 868 (1993) of 29 September 1993 on the security of United Nations operations,

Strongly condemning the ongoing violence in Rwanda and particularly condemning the very numerous killings of civilians which have taken place in Rwanda and the impunity with which armed individuals have been able to operate and continue operating therein,

Stressing the importance of the Arusha Peace Agreement to the peaceful resolution of the conflict in Rwanda and the necessity for all parties to recommit themselves to its full implementation,

Commending the efforts of the Organization of African Unity (OAU) and its organs, as well as the efforts of the Tanzanian Facilitator, in providing diplomatic, political, and humanitarian support for the implementation of the relevant resolutions of the Council,

Deeply concerned that the situation in Rwanda, which has resulted in the death of many thousands of innocent civilians, including women and children, the internal displacement of a significant percentage of the Rwandan population, and the massive exodus of refugees to neighboring countries, constitutes a humanitarian crisis of enormous proportions,

Expressing once again its alarm at continuing reports of systematic, widespread and flagrant violations of international humanitarian law in Rwanda, as well as other violations of the rights to life and property,

Recalling in this context that the killing of members of an ethnic group with the intention of destroying such a group, in whole or in part, constitutes a crime punishable under international law,

Strongly urging all parties to cease forthwith any incitement, especially through the mass media, to violence or ethnic hatred,

Recalling also its request to the Secretary-General to collect information on the responsibility for the tragic incident that resulted in the death of the Presidents of Rwanda and Burundi,

Recalling further that it had requested the Secretary-General to make proposals for the investigation of reports of serious violations of international humanitarian law during the conflict,

Underlining the urgent need for coordinated international action to alleviate the suffering of the Rwandan people and to help restore peace in Rwanda, and in this connection welcoming cooperation between the United Nations and the OAU as well as with countries of the region, especially the facilitator of the Arusha peace process,

Desiring in this context to expand the mandate of UNAMIR for humanitarian purposes, and stressing the importance it attaches to the support and cooperation of the parties for the successful implementation of all aspects of that mandate,

Reaffirming its commitment to the unity and territorial integrity of Rwanda,

Recognizing that the people of Rwanda bear ultimate responsibility for national reconciliation and reconstruction of their country,

Deeply disturbed by the magnitude of the human suffering caused by the conflict and concerned that the continuation of the situation in Rwanda constitutes a threat to peace and security in the region,

1. Demands that all parties to the conflict immediately cease hostilities, agree to a cease-fire, and bring an end to the mindless violence and carnage engulfing Rwanda;

2. Welcomes the report of the Secretary-General dated 13 May 1994 S/RES/918 (1994) Page 3

3. Decides to expand UNAMIR’s mandate under resolution 912 (1994) to include the following additional responsibilities within the limits of the resources available to it:
A. To contribute to the security and protection of displaced persons, refugees and civilians at risk in Rwanda, including through the establishment and maintenance, where feasible, of secure humanitarian areas;
B. To provide security and support for the distribution of relief supplies and humanitarian relief operations;

4. Recognizes that UNAMIR may be required to take action in self-defense against persons or groups who threaten protected sites and populations, United Nations and other humanitarian personnel or the means of delivery and distribution of humanitarian relief;

5. Authorizes in this context an expansion of the UNAMIR force level up to 5,500 troops;

6. Requests the Secretary-General, as recommended in his report, and as a first phase, immediately to redeploy to Rwanda the UNAMIR military observers currently in Nairobi and to bring up to full strength the elements of the mechanized infantry battalion currently in Rwanda;

7. Further requests the Secretary-General to report as soon as possible on the next phase of UNAMIR’s deployment including, inter alia, on the cooperation of the parties, progress towards a cease-fire, availability of resources and the proposed duration of the mandate for further review and action, as required, by the Council;

8. Encourages the Secretary-General to accelerate his efforts, in conjunction with the Secretary-General of the OAU, to obtain from Member States the necessary personnel to enable deployment of the expanded UNAMIR to proceed urgently;

9. Invites Member States to respond promptly to the Secretary-General’s request for the resources required, including logistical support capability for rapid deployment of the UNAMIR expanded force level and its support in the field;

10. Strongly urges all parties in Rwanda to cooperate fully with UNAMIR in the implementation of its mandate and in particular in ensuring its freedom of movement and the unimpeded delivery of humanitarian assistance, and further calls upon them to treat Kigali airport as a neutral zone under the control of UNAMIR;

11. Demands that all parties in Rwanda strictly respect the persons and premises of the United Nations and other organizations serving in Rwanda, and refrain from any acts of intimidation or violence against personnel engaged in humanitarian and peace-keeping work;

12. Commends the efforts of States, United Nations agencies and non-governmental organizations which have provided humanitarian and other S/RES/918 (1994) assistance, encourages them to continue and increase such assistance, and urges others to provide such assistance;
A. Determining that the situation in Rwanda constitutes a threat to peace and
B. security in the region,
Acting under Chapter VII of the Charter of the United Nations,

13. Decides that all States shall prevent the sale or supply to Rwanda by their nationals or from their territories or using their flag vessels or aircraft of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary police equipment and spare parts;

14. Decides also to establish, in accordance with rule 28 of the provisional rules of procedure of the Security Council, a Committee of the Security Council consisting of all the members of the Council, to undertake the following tasks and to report on its work to the Council with its observations and recommendations:
A. To seek from all States information regarding the action taken by them concerning the effective implementation of the embargo imposed by paragraph 13 above,
B. To consider any information brought to its attention by States concerning violations of the embargo, and in that context to make recommendations to the Council on ways of increasing the effectiveness of the embargo,
C. To recommend appropriate measures in response to violations of the embargo imposed by paragraph 13 above and provide information on a regular basis to the Secretary-General for general distribution to Member States;

15. Calls upon all States, including States not Members of the United Nations, and international organizations to act strictly in accordance with the provisions of the present resolution, notwithstanding the existence of any rights or obligations conferred or imposed by any international agreement or any contract entered into or any license or permit granted prior to the date of the adoption of this resolution;

16. Decides that the provisions set forth in paragraphs 13 and 15 above do not apply to activities related to UNAMIR and UNOMUR;

17. Requests the Secretary-General to provide all necessary assistance to the Committee and to make the necessary arrangements in the Secretariat for this purpose;

18. Requests the Secretary-General to present a report as soon as possible on the investigation of serious violations of international humanitarian law committed in Rwanda during the conflict;

19. Invites the Secretary-General and his Special Representative, in coordination with the OAU and countries in the region, to continue their efforts to achieve a political settlement in Rwanda within the framework of the Arusha Peace Agreement;

20. Decides to keep the situation in Rwanda under constant review and requests the Secretary-General to report further, including on the humanitarian situation, within five weeks of the adoption of this resolution and again in good time before the expiration of the current mandate of UNAMIR;

21. Decides to remain actively seized of the matter.

 

D. The Foregoing Evidence amounts to Violations of the Genocide Accords

 

 

 

III. Rwanda’s Presentation against USA

 

A. Although the United States, and President Bill Clinton, was fully aware of the genocides occurring in Rwanda (April 1994), it chose not to interfere because of lack of interests.

evidence #1:

"Intelligence reports obtained using the US Freedom of Information Act show the cabinet and almost certainly the president knew of a planned "final solution to eliminate all Tutsis" before the slaughter reached its peak. It took Hutu death squads three months from April 6 to murder about 800,000 Tutsis and moderate Hutus and at each stage accurate, detailed reports were reaching Washington policymakers. The documents undermine claims by Mr Clinton and his officials that they did not fully appreciate the scale and speed of the killings." source: Papers prove US knew of genocide in Rwanda, Rory Carroll, April 1, 2004, The Guardian)


evidence #2:

"It's powerful proof that they knew," said Alison des Forges, a Human Rights Watch researcher and authority on the genocide." source: Rory Carroll, April 1, 2004, The Guardian)


evidence #3:

"As the terror in Rwanda had unfolded, Clinton had shown virtually no interest in stopping the genocide, and his Administration had stood by as the death toll rose into the hundreds of thousands." source: Bystanders to Genocide, Samantha Power, September 2001, The Atlantic Monthly)


evidence #4:

The administration did not want to repeat the fiasco of intervention in Somalia, where US troops became sucked into fighting. It also felt the US had no interests in Rwanda, a small central African country with no minerals or strategic value." source: The National Security Archive)

 

B. Regardless of the US government's possession of the UN Charter, the US was uncooperative in fulfilling various articles.

evidence: Article 111

The present Charter, of which the Chinese, French, Russian, English, and Spanish texts are equally authentic, shall remain deposited in the archives of the Government of the United States of America. Duly certified copies thereof shall be transmitted by that Government to the Governments of the other signatory states. source: The UN Charter)

 

C. The US was in possession of over 200 troops in the region at the time of the Rwandan genocide and did not place any efforts in aid, but sabotaged UN aid to Rwanda. The US aided in the genocide rather than attempting to prevent it.

evidence #1:

It (documents and research conducted) reveals that the US. government knew enough about the genocide early on to save lives, but passed up countless opportunities to intervene. source: The National Security Archive <2001>)


evidence #2:

"In reality the United States did much more than fail to send troops. It led a successful effort to remove most of the UN peacekeepers who were already in Rwanda. It aggressively worked to block the subsequent authorization of UN reinforcements. It refused to use its technology to jam radio broadcasts that were a crucial instrument in the coordination and perpetuation of the genocide." source: Bystanders to Genocide, Samantha Power, September 2001, The Atlantic Monthly)


evidence #3:

"We also see that with the possibility of deploying US. troops to Rwanda taken off the table early on-and with crises elsewhere in the world unfolding-the slaughter never received the top-level attention it deserved." source: Bystanders to Genocide, Samantha Power, September 2001, The Atlantic Monthly)


evidence #4:

"On April 15 Christopher sent one of the most forceful documents to be produced in the entire three months of the genocide to Madeleine Albright at the UN-a cable instructing her to demand a full UN withdrawal." source: Bystanders to Genocide, Samantha Power, September 2001, The Atlantic Monthly)

 

D. The US apologized under the President Clinton's defense of ignorance and declassification of documents he had received which make him acknowledgeable for the genocides.

evidence #1:

"Mr Clinton has apologised for those failures but the declassified documents undermine his defense of ignorance... On a visit to the Rwandan capital, Kigali, in 1998 Mr Clinton apologized for not acting quickly enough or immediately calling the crimes genocide." source: Rory Carroll, April 1, 2004, The Guardian)


evidence #2:

"
In March of 1998, on a visit to Rwanda, President Clinton issued what would later be known as the "Clinton apology," which was actually a carefully hedged acknowledgment... The United States in fact did virtually nothing "to try to limit what occurred." Indeed, staying out of Rwanda was an explicit US. policy objective." source: Bystanders to Genocide, Samantha Power, September 2001, The Atlantic Monthly)

 

E. Regardless of Us media's failure to recognize the Rwandan crisis, the US failed to refer to the Rwandan genocides as a "genocide" because of it's unwillingness to act under the 1948 Genocide Convention.

evidence #1:

"Whatever the inevitable imperfections of US. intelligence early on, the reports from Rwanda were severe enough to distinguish Hutu killers from ordinary combatants in civil war. And they certainly warranted directing additional US. intelligence assets toward the region-to snap satellite photos of large gatherings of Rwandan civilians or of mass graves, to intercept military communications, or to infiltrate the country in person." source: Bystanders to Genocide, Samantha Power, September 2001, The Atlantic Monthly)


evidence #2:

"American officials, for a variety of reasons, shunned the use of what became known as "the g-word." They felt that using it would have obliged the United States to act, under the terms of the 1948 Genocide Convention. They also believed, understandably, that it would harm US. credibility to name the crime and then do nothing to stop it." source: Yale University

 

F. Legal Claims:

Article 1

The Purposes of the United Nations are:

1. To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace;

According to the above mentioned facts, the US did not cooperate with the articles within the charter. It did not take any measures, let alone effective measures, to ensure international peace and security. Unfortunately, the US contributed to the destruction of what the UN aims for, international cooperation in times of desperation and need.

2. To achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion; and

Additionally, the US further exploits the UN Charter and discourages international cooperation. Because of the US's lack of interference in aiding Rwanda, it is, in effect, discouraging respect for human rights and fundamental freedoms because of a lack of distinction of interest.

3. To be a center for harmonizing the actions of nations in the attainment of these common ends.

Once again, the US not talking action encourages all what the UN is trying to put a stop to. The US is not fulfilling it's duties as a member of the UN basically because it has proven to be melodramatic and naive in times of needs, specifically the Rwandan Genocides.

Article 111

The present Charter, of which the Chinese, French, Russian, English, and Spanish texts are equally authentic, shall remain deposited in the archives of the Government of the United States of America. Duly certified copies thereof shall be transmitted by that Government to the Governments of the other signatory states.

This proves that the US was fully aware of it's responsibilities that are stated in the UN Charter. Additionally, the US, being an extremely influential permanent member of the UN Security Council, should have at least encouraged UN intervention rather than block UN reinforcements.

Convention on the Prevention and Punishment of the Crime of Genocide

Adopted by Resolution 260 (III) A of the United Nations General Assembly on 9 December 1948. The Contracting Parties, Having considered the declaration made by the General Assembly of the United Nations in its resolution 96 (I) dated 11 December 1946 that genocide is a crime under international law, contrary to the spirit and aims of the United Nations and condemned by the civilized world; Recognizing that at all periods of history genocide has inflicted great losses on humanity; and Being convinced that, in order to liberate mankind from such an odious scourge, international co-operation is required; Hereby agree as hereinafter provided. Article 1 The Contracting Parties confirm that genocide, whether committed in time of peace or in time of war, is a crime under international law which they undertake to prevent and to punish.

In reference to the underlined notes, the US not taking any actions in order to prevent the Rwandan genocide has gone against the Genocide convention of which it is inclined to pursue. It has also once again wrecked international cooperation and is thus contradicted the "spirits and aims of the United Nations and condemned by the civilized world."

 

 

G. Interview with the Human Rights Watch Representative

 

Q: Please state your name and identity.

A: My name is Amna Al-Sager and I'm a representative from Human Rights Watch.

Q: Could you please state what HRW does?

A: As a representative of HRW, HRW researches and makes sure that no Human rights are being violated in wars or regular situations and the HRW tries to provide compensation for victims of a violation of right.

Q: Could you please describe what happened in the 1994 Rwandan Genocide in conerns with HRW?

A. The 1994 Rwandan Genocide was a tragic event in which thousand of people died and hundreds of people were deprived of basic rights as Human beings.

Q: Could you please name a few of those violated rights or acts?

A: People were being raped, kidnapped, beaten up, threatened, influenced under bribery. People were performing actions and saying things that they regularly wouldnt do just to stay alive.

Q: Thank you. Could you please elaborate on how the HRW has that information? Has HRW conducted any research about the Rwandan Genocide?

A: Actually yes. As you know, the HRW has conducted a research program that was undergoing in-depth research and analysis about the Rwandan Genocide and the rights that were violated.

Q: Could you please confirm whether or not one of your representatives stated the following concerning that the USA knew of the Genocide: "It's powerful proof that they knew," said Alison des Forges, a Human Rights Watch researcher and authority on the genocide."?

A: Yes Alison de Forges is a HRW researcher and I do agree with what she said.

Q. What did the USA do?

A: Nothing. The HRW does not wish to point any fingers and blame anybody and it does apprecaite all the countries efforts in aid in the genocide. However, the USA did not intervene whatsoever in the beginning of the genocide regardless of there knowledge of what was hapenning.

Q. Would you not say that a country not intervening into a situation they know is going to violate human rights, is in itself a violation of human rights?

A. Again the HRW does not wish to blame anybody, nobody is one hundred percent innocent. But yes, that is in a way a violation to human rights because they are acting ignorant of the situation and are running away from their duties and resposibility at the price of thousand of lives.

 

 

 

IV. Rwanda’s Presentation Against Burundi

A. Burundi failed to live up to international standards of fair behavior.

Evidence #1: "By allowing the descendants of the former president to blame President Paul Kagame for the genocide invoked by the death of the Rwandan president."

 

 

The Attempted deal with the USA.

 

Hello!

This is Fatemah from the BBS team. To be succinct, I'm going to be charging the USA with 3 main points.:

1. Violating SC Resolution 918,

2. Violating the Genocide Convention,

3. Failing to live up to international standards of honesty.

The first one is not very drastic, but the second two are going to be damaging to the USA's record. However, I'm willing to negotiate if you cooperate with us. If you, as the USA, use the following as an excuse, I'll drop the last two charges. The excuse being that the USA did not interfere because it thought that France was taking care of the Rwandan issue and was getting the job done. If you think about it, this is truly in character to the USA. If you agree to cooperate, we won't charge you drastically and we'll drop some of the judgements requested (so technically you don't really lose the case but you drop it on to France!). Anyway, I'll leave it up to you to decide. Please contact me as soon as possible with your response.

Thank you for your time.

Cordially,

Fatemah Boukhadour

 

I think you should ask for them to NAME the country that was violating the UN Arms Embargo. Certainly, I would question them on it.