The Role of International Criminal Court in Preventing Genocide Crime A Case Study of Rwanda, Former Yugoslavia and Burma

Abstract

This research aims to investigate the role of international criminal laws in preventing genocide crime through a case study of Rwanda, former Yugoslavia and Burma. The study adopted the descriptive, analytical, historical and documentary method. The data were collected from published records, documents and information related to genocide crime. The research consisted of five chapters. Chapter one is the introduction which included the reasons for choosing the topic, aims and objectives of the research, statement of the problem, research questions, hypotheses, scope, significance and methodology of the research in addition to some previous studies concerning genocide crime. Chapter two dealt with the theoretical framework. It defined genocide in language, scholars convention and in Islamic jurisprudence, the legal definition, history of the crime of genocide, its types, elements, factors, stages and previous studies related to genocide crime. Chapter three expressed the role of international laws in preventing genocide crime. It represented the international conventions and courts established to prevent the crime of genocide. Chapter four discussed genocide as an international crime and a crime against humanity through a case study of Rwanda, Former Yugoslavia and Burma Genocides. Chapter five included the most important findings and recommendation. Among the findings are that the international community have put much consideration to combat genocide crime by creating The Convention on the Prevention and Punishment of the Crime of Genocide in (1948). The international criminal laws succeeded in limiting genocide crimes through the procedures conducted to stop the crimes that committed in Rwanda, Former Yugoslavia and Burma and punishing their offenders by the establishment of some tribunals such as The International Criminal Tribunal for the former Yugoslavia (ICTY) 1993, The international criminal tribunal for Rwanda (ICTR) 1994 and activating the conventions concerning human rights to prevent genocide process in Burma. Another finding is that there is a lack of uniform organized approach to dealing with crimes against humanity and specifically genocide among the international community. Also the international criminal tribunal for Rwanda and former Yugoslavia genocides have laid the foundations for conflict resolution and proved that efficient and transparent international justice is possible. Among the most important recommendations are that the international community should criminalize genocide and practices related to it, especially in respect against the minorities in the countries of severe conflicts. Also it is recommended that radical amendments to the International Criminal Court (ICC) statute should be made so that the court can be capable of preventing genocide crimes and punishing the offenders without obstacles. The research concluded with the references and appendices.