It’s been twenty-five years since the harrowing 1994 Genocide against the Tutsi. One of the measures taken by Rwandan Government to ensure that genocide never happens again is putting in place laws that prohibit and prescribe heavy punishment for the crime. Article 91 of Nº68/2018 of 30/08/2018 law determining offences and penalties in general defines the crime of genocide as “acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group as such, whether in time of peace or in time of war.” Article 91 defines the acts as; killing members of the group; causing serious bodily or mental harm to members of the group; deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; imposing measures intended to prevent births within the group; and forcibly transferring children of the group to another group. Any person who is found guilty of the crime of genocide is liable to life imprisonment. This is according to article 92 of the law determining offences and penalties in general. There are other acts which are considered and punished as the crime of genocide under article 93 of the law determining offences and penalties in general. They include conspiracy to commit genocide, planning the genocide, directly or indirectly inciting commitment of genocide, attempting to commit genocide and compliance in genocide. If a company, cooperative or private entity by any means supports the crime of genocide described under articles 91, 92 and 93 mentioned above, they are liable to closure or revoking their license to operate in Rwanda. This is according to article 104 of the law determining offences and penalties in general. Article 105 of the law determining offences and penalties in general says that if the crime of genocide was committed or was about to be committed by a subordinate and his/her superior knew or had reason to know but did not take necessary measures to stop the crime or punish the offender and inform relevant authorities, then the superior is also liable to punishment. Article 105 further says that even if someone committed a crime while carrying out an order of a government or a superior, they are still liable for punishment if they were aware of its implications. The crime of genocide, just as other crimes against humanity and war crimes is imprescriptible. This means that no change in law and no amount of time can take it away. This is according to article 106 of the law determining offences and penalties in general. Laws are applicable only after they are published. However, genocide and other crimes against humanity committed between October 1, 1990 and December 31, 1994 are punishable under Nº68/2018 of 30/08/2018 Law determining offences and penalties in general unless there are other legal provisions. This is according to article 335 of the law. editor@newtimesrwanda.com
