ICTR Prosecutor Manual on Referring International Criminal Cases to National Jurisdictions

“We are at a critical stage in the transition of international criminal justice. The primary responsibility for investigating and prosecuting international crimes no longer lies with ad hoc tribunals like the International Criminal Tribunal for Rwanda (ICTR); rather that responsibility has shifted to national authorities.”

This is the first sentence of the foreword accompanying a manual released on 10 February by the Prosecutor of the ICTR and the Mechanism for International Criminal Tribunals (MICT), Mr. Hassan Bubacar Jallow, sharing his office’s experience in securing the referral of ten genocide indictments to national jurisdictions for trial.

1998. The trial of Jean-Paul Akayesu begins. With this case, the ICTR becomes the first international tribunal to enter a judgement for genocide and the first to interpret the definition of genocide set forth in the 1948 Geneva Conventions. ©ICTR

1998. The trial of Jean-Paul Akayesu begins. With this case, the ICTR becomes the first international tribunal to enter a judgement for genocide and the first to interpret the definition of genocide set forth in the 1948 Geneva Conventions. ©ICTR

According to Mr. Jallow, the shift to primacy of national prosecutions is reflected in the Rome Statute’s principle of complementarity, as well as in the establishment of the MICT, which makes the referral of cases to national jurisdictions a priority in the completion of the ad hoc tribunals’ remaining work.

The 57-page long manual, “Complementarity In Action”, shares lessons learned from the ICTR Prosecutor’s referral of international criminal cases to national jurisdictions for trial. The Office of the Prosecutor’s (OTP) experiences provide useful lessons for other international courts and tribunals seeking to refer international criminal cases to national jurisdictions. They also provide valuable lessons for national jurisdictions seeking to establish their own ability to fairly prosecute international crimes at the domestic level. Continue reading