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1 Afr. Hum. Rts. L.J. 64 (2001)
Prosecuting the Perpetrators of the 1994 Genocide in Rwanda: Its Basis in International Law and the Implications for the Protection of Human Rights in Africa

handle is hein.journals/afrhurlj1 and id is 72 raw text is: AFRICAN HUMAN RIGHTS LAW JOURNAL Prosecuting the perpetrators of the 1994 genocide in Rwanda: Its basis in international law and the implications for the protection of human rights in Africa Kithure Kindiki* LLD candidate and tutor, Centre for Human Rights, Faculty of Law, University of Pretoria 1 Introduction Tremendous progress has been made in relation to the protection of human rights all over the world. Nevertheless, accounts of human rights violations continue to be a major feature in many countries.1 How emerging democracies ought to address the human rights violations of the recent past when the perpetrators still wield considerable political or military influence is a significant problem.2 Some states have resorted to granting amnesty to the perpetrators,3 others have opted to prosecute * LLB Hons (Moi), LLM (Pretoria); kithure@usa.net 1 From dozens of countries on all continents, political regimes continue to perpetrate, tolerate or fail to stop torture, forcible deportations and persecution of whole popula- tions, rape of women, and conscription of children into wars. For details see, for instance, Amnesty International's country reports, 2000 <http://www.amnesty.org> (accessed 25 January 2001). 2 J Zalaquett 'Balancing ethical imperatives and political constraints: The dilemma of new democracies confronting past human rights violations' (1992) 43 Hastings Law ournal 1425 1426. 3 Such as Argentina, El Salvador and South Africa.

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