Several books have been written on the Rwandan Genocide and the
Sierra Leonean civil war. None has yet examined in its own right
the various contexts and foundations on which the jurisprudence of
tribunals set up by the international community to try perpetrators
of the international crimes committed in the territories of the two
countries was developed. This book fills that void. The two
tribunals have had their successes and failures, with the
international tribunal for Rwanda singled out for the most poignant
criticism for prosecuting only perpetrators from one side only of
the conflict. In this context, the criticism that it is victors'
justice can hardly be shaken off. The jurisprudence developed in
trials that are tainted with an accusation as serious as this may
be read with jaundiced eyes. Yet it has contributed to the
development of international law generally although the judgment of
history on it will almost always be harsh because of its
discriminatory and selective foundation. Obviously, most of the
jurisprudence will not be stare decisis because of the complex
nature of the cases and the political motivations that sometimes
influenced the proceedings. There can hardly be any gainsaying that
although the nature of the crimes may be similar, no two conflicts
can be the same. Each comes with its specificity. This specificity
and several political economic and socio-cultural factors
significantly influence the course of the judicial proceedings
before the courts set up to prosecute crimes perpetrated in the
confl icts and the jurisprudence developed in those proceedings.
This book brings to the attention of the reader some of the
evidentiary and contextual foundations on which the jurisprudence
in the two courts was established. The jurisprudence without doubt
will shape the course of the human history in ways unimagined as it
is cited in cases that will come for determination before other
international tribunals. Understanding the contextual foundations
on which the jurisprudence was established will greatly contribute
to the certainty of its application and with it that of the law.
The author's is a modest yet noble and salutary contribution to
international criminal jurisprudence coming at the heels of the
scaling down of the tribunals and the start of the residual
mechanisms for both the ICTR and the SCSL. The book is highly
recommended to all persons from all walks of life; including
victims who sometime wondered how these tribunals worked and the
legal and factual foundations underlying established jurisprudence.
General
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