Friday, 25 April 2008

Transfer and Extradition to Stand Trial for Genocide in Rwanda

Yesterday, the International Criminal Tribunal for Rwanda began hearing an application by the Prosecutor to transfer the case of Yussuf Munyakazi to the national courts of Rwanda. The Tribunal must determine that Munyakazi can get a fair trial if he is transferred to Rwanda. Several other applications are also pending. This is part of the completion strategy of the Tribunal.
In the meantime, somecountries are considering extraditing Rwandan genocide suspects back to Rwanda to stand trial. A case in the United Kingdom involving four Rwandans is about to conclude. Early this month, in France, the Cour d’appel de Chambery, ruled in favour of extraditing an individual to Rwanda. I have obtained a copy of the judgment:
Under the Genocide Convention, States are required to cooperate in facilitating extradition so that persons accused of genocide can be tried in the State where the crime was committed. But until very recently, there has been little practice.

1 comment:

ajokic said...

There is no such requirement as this blogger interprets it. Here's what the Convention actually states regarding extradiction (and this is all it states):

Article VII: Genocide and the other acts enumerated in article III shall not be considered as political crimes for the purpose of extradition.

The Contracting Parties pledge themselves in such cases to grant extradition in accordance with their laws and treaties in force.