Wednesday, 10 October 2007

Hunger Strike at the ICTR

JURIST reports that forty prisoners in Tanzania who are awaiting trial by the International Criminal Tribunal for Rwanda have gone on hunger strike in protest over the Prosecutor’s application to transfer them for trial in a Rwandan national court. The ICTR’s mandate runs only until December 2008, therefore we can perhaps expect that more applications of this nature will arise in order to ensure that the ICTR completes its work within its given time frame. The prisoners’ protest, however, that the Rwandan courts can not guarantee them a fair trial.

The problems surrounding transfer of prisoners of this nature and, indeed, the fate of people acquitted by the international tribunals (can they be returned to the country in which the alleged crimes took place? Are they prohibited from seeking asylum because of suspicion of involvement in war crimes, crimes against humanity etc…) have not attracted much attention in the scholarship, but Kevin Jon Heller (U Auckland) has a working paper on SSRN about the issues surrounding the destination of acquittees that raises some interesting points. The paper is a working piece and, some might say, could pay more attention to jus cogens or non refoulement but the issues that it raises are expressed in Heller’s characteristic evocative style and it comes recommended to anyone with an interest in these issues.

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