CHAPTER ONE
GENERAL INTRODUCTION
1.1 Background of the Research
Humanity is caught in a paradoxical epoch that is characterized by hope and great yearning for peaceful co-existence amongst people, yet there are conflicts and possibilities of more explosive conflicts based on the mobilization of various identities and deterioration of relations at different level of identity divide.2 This deterioration of relations, which often spurs diverse crises, may be predicated on different divides, such as religious, racial, ethnic or national identity. Such crises on the basis of identifiable divides often degenerate to “genocide” the worse crime known to humanity.3 Genocide has been commonly used particularly in political dialogue to describe atrocities of great diversity, magnitude and character.4 Yet the prospect of the term arising in policy making often imposes an intimidating break on effective responses to the calamity of the crime.5 The crime of genocide, has over the years, dug the steps of mankind, and aborted the age long conceived sanctity and dignity of man. It shook the conscience of Winston Churchill, yet eluding a description; Churchill thus, called the terrible horror he saw as “a crime without a name”6 Scholars have also described genocide as “the crime of crimes”.
The fact of genocide is as old as humanity.8 The law is however, considered as younger than the aged long acts constituting the crime.9 Schabas observed that this dialectic of an ancient fact yet a modern law of genocide flows from the observation that historically, genocide was unpunished.10 Hitler‟s famous comment to the effect that nobody remembers the Armenians and the genocide perpetrated against them is indicative of the historic fact that genocide often goes unpunished.11 The biggest picture of genocide in African recent history is the Rwandan genocide. What subsequently degenerated into genocide was a build up of ethnic tension between majority Hutus and minority Tutsis. This tension flowed from Rwandan colonial experience, during which the ruling Belgians favoured the minority Tutsis over the majority Hutus, where the few oppressed the many, economically, politically and socially. This created a legacy of tension that exploded into violence, a minor one in 1959 and a major one in 1994.12 On April 6, 1994 a plane carrying Hubyarimana (Rwandan President) and Cyprien Ntaryamira (Burundi‟s President) was shot down over Kigali killing all on board. Within an hour of the plane crash, Hutus set up a road block slaughtering Tutsis and moderate Hutus. The mass killing targeted at Tutsis spread from Kigali to the rest of the country, with 800,000 people killed within three months.
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