ArticlesVolume 13, Number 2 (2004)

A Woman Scorned for the Least Condemned War Crime: Precedent and Problems with Prosecuting Rape as a Serious War Crime in the International Criminal Tribunal for Rwanda


The woman scorned is Pauline Nyiramasuhuko, Rwanda’s Former Minister for Women’s Affairs, who is currently on trial at the International Criminal Tribunal for Rwanda (“ICTR”) for allegedly using her official capacity to incite Hutus to rape thousands of female Tutsis during the 1994 Rwanda Genocide. She is the first woman to be charged with rape as a crime against humanity by an international tribunal. The 1994 Rwanda Genocide had devastating effects on the female population in the country due to the systematic gender-based violence endorsed and carried out by¬†government officials. Almost one million people were killed in one hundred days and, according to some reports, nearly all female survivors- including many young girls-were raped and sexually brutalized. While these crimes are neither historically nor geographically unique to the 1994 Rwanda Genocide, the ICTR’s efforts in prosecuting gender-based violence as crimes against humanity and tools of genocide have been unprecedented. Rape warfare, although common throughout history, has traditionally been the least condemned war crime.

Although not without criticism, the ICTR shattered historical ambivalence toward gender-based violence by indicting and prosecuting Rwandan officials who countenanced rape as a method of warfare during the genocide. The first step in shattering this ambivalence occurred with the prosecution of Jean Paul Akayesu,” a mayor in the Taba Commune, who also sanctioned massive sexual violence against Tutsi women. With the Prosecutor v. Akayesu decision, the ICTR became the first international war crimes tribunal to convict an official for genocide and to¬†declare that rape could constitute genocide. Pressure from women’s groups, coupled with cooperation and support coming from within the ICTR, led to the watershed decision linking sexual violence to the genocide in Rwanda.15 However, the ICTR’s handling of the Akayesu and Nyiramasuhuko cases also reveal a failure to adequately investigate and indict the gender-based violence sanctioned by the government during the genocide before trial, deficiencies in handling witnesses during the investigation and trial stages, and delays affecting the delivery of justice to survivors. These deficiencies must be addressed and corrected in order to maintain the Tribunal’s legitimacy, protect women’s human rights, and build upon the jurisprudence condemning rape warfare as genocide. An assessment of the ICTR’s deficiencies is especially timely given that the tenth anniversary of the genocide occurred in April 2004.