The Rwanda Tribunal is similar to the Yugoslavia Tribunal, and its Statute (hereafter: the “ICTR Statute”) is based closely on the ICTY’s. The ICTR’s jurisdiction
is limited to serious violations of international humanitarian law committed in
Rwanda or committed by Rwandan nationals in neighbouring States between 1
April and 31 December 1994.256
III. THEMATIC SUMMARY OF SOME CENTRAL ISSUES PERTAINING TO THE CONVENTION
4. RELATIONSHIP BETWEEN THE CONVENTION AND OTHER INSTRUMENTS OF INTERNATIONAL CRIMINAL LAW
As with the ICTY, the Rwanda Tribunal’s jurisdiction extends to genocide, crimes
against humanity, and war crimes, with adjustments to reflect the conflict’s particular circumstances, such as its internal character. Like the ICTY, the ICTR’s personal jurisdiction extends only to natural persons. In addition, its jurisdiction is
concurrent with national courts, with the Tribunal enjoying primacy. The
Statute’s provisions on individual responsibility, defences, immunities, and double
jeopardy are identical to those in the ICTY Statute.257
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Jurisdiction over the crime of torture as defined in the Convention against
Torture is not subject to the geographic and time limitations set forth in the ICTY
and ICTR Statutes. Furthermore, the definition of torture in Article 1 of the
Convention does not correspond exactly to torture as defined in international
humanitarian law.
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