Genocide in Rwanda, State Responsibility to Prosecute or Extradite, and Nonimmunity for Heads of State and Other Public Officials

30 Pages Posted: 29 Mar 2012

See all articles by Jordan J. Paust

Jordan J. Paust

University of Houston Law Center

Date Written: March 27, 2012

Abstract

This short article addresses the responsibility and efforts of Rwanda to initiate prosecution of or to extradite persons reasonably accused of genocide and other crimes against humanity, including use of its Gacaca “courts” and their procedures in view of international due process concerns. Other portions of the article address universal jurisdiction over such crimes and nonimmunity for heads of state and other government officials who are perpetrators, aiders and abettors, or derelict in their duties from 1268 to the present. Trends in prosecution demonstrate that there is an increasing compliance by states of their duty to initiate prosecution of officials, although the Obama Administration has notably failed to live up to U.S. obligations in that regard.

Keywords: aut dedere aut judicare, Bush, crime against humanity, due process, extradite, Gacaca, genocide, head of state, human right, ICTR, ICTY, Nonimmunity, Nuremberg, Obama, prosecute, Rwanda, universal jurisdiction, war crime

Suggested Citation

Paust, Jordan J., Genocide in Rwanda, State Responsibility to Prosecute or Extradite, and Nonimmunity for Heads of State and Other Public Officials (March 27, 2012). Houston Journal of International Law, Vol. 34, No. 1, p. 57, 2011; U of Houston Law Center No. 2012-A-8. Available at SSRN: https://ssrn.com/abstract=2029943

Jordan J. Paust (Contact Author)

University of Houston Law Center ( email )

4604 Calhoun Road
Houston, TX 77204-6060
United States

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