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THE RWANDAN CONFLICT AND THE GENOCIDE CONVENTION: IMPLICATIONS FOR TANZANIA

THE RWANDAN CONFLICT AND THE GENOCIDE CONVENTION: IMPLICATIONS FOR TANZANIA I. INTRODUCTION On April 6, 1994, at 8:30p.m. local time, a Falcon executive jet flying over Rwanda's capital, Kigali, was hit by a ground-to-air rocket. Among the plane's passengers were General Juvenal Habyarimana, the Rwandese President, and his Burundi counterpart, Cyprien Ntaryamiral- Both leaders perished in the crash. Ironically, the two Presidents were returning from a regional peace summit in Dar es Salaam, Tanzania, dedicated to the troubled situations in their countries,2. Rather than being an isolated incident, the "attack" is widely held to have constituted an integral component of, and in fact a cue to the genocidal killings that were to begin a few minutes later3. Quite apart from the mass killings, the attack on the plane gives rise to a serious international legal problem (in addition to the rhetorical question of "whodunit") straddling two branches of the law: Use of Force, on the one hand, and International Humanitarian Law (IHL), on the other. To subject a civilian aircraft to attack, whether in times of peace or war is generally prohibited under rules of international law pertaining to the use of force against the safety of civilian aircraft in service4, and so too, under that branch of http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png African Yearbook of International Law Online Brill

THE RWANDAN CONFLICT AND THE GENOCIDE CONVENTION: IMPLICATIONS FOR TANZANIA

African Yearbook of International Law Online , Volume 5 (1): 25 – Jan 1, 1997
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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
eISSN
2211-6176
DOI
10.1163/221161797X00040
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Abstract

I. INTRODUCTION On April 6, 1994, at 8:30p.m. local time, a Falcon executive jet flying over Rwanda's capital, Kigali, was hit by a ground-to-air rocket. Among the plane's passengers were General Juvenal Habyarimana, the Rwandese President, and his Burundi counterpart, Cyprien Ntaryamiral- Both leaders perished in the crash. Ironically, the two Presidents were returning from a regional peace summit in Dar es Salaam, Tanzania, dedicated to the troubled situations in their countries,2. Rather than being an isolated incident, the "attack" is widely held to have constituted an integral component of, and in fact a cue to the genocidal killings that were to begin a few minutes later3. Quite apart from the mass killings, the attack on the plane gives rise to a serious international legal problem (in addition to the rhetorical question of "whodunit") straddling two branches of the law: Use of Force, on the one hand, and International Humanitarian Law (IHL), on the other. To subject a civilian aircraft to attack, whether in times of peace or war is generally prohibited under rules of international law pertaining to the use of force against the safety of civilian aircraft in service4, and so too, under that branch of

Journal

African Yearbook of International Law Online – Brill

Published: Jan 1, 1997

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