In the last article in this serialised narrative, we realised how investigations made it possible to understand and explain how “so many people were killed and how other people became organised killers”. To this key question, several others are added to obtain some clarification, especially on the meaning that the executioners gave to their commitment to the 1994 Genocide against the Tutsi. Relying on written and oral sources, this piece seeks to propose an introductory appraisal of the main factors that make it possible to understand the Genocide against the Tutsi. Definition of terms and key concepts Before analysing the theme, it is important to precisely define some concepts and terms which will be used as follows: “war crime”, “crime against humanity”, “Genocide”. These terms are frequently abused. In some publications, they tend to be used synonymously. They therefore cease to apply to cases for which they were intended. According to the Geneva Convention of 1906 and Hague Convention of 1907, war crime concerns inhuman acts which are committed against civilians and wounded or captured soldiers in the time of war between nations. Subsequent processes of clarification of this crime determine the acts that constitute it. It is mainly about torture and inhuman treatment. It is also concerned with causing terrible suffering intentionally. Other acts include illegal detention, forcing any person to serve in an army of the enemy, destruction and unjustified appropriation of property for military purposes. The above acts were carried out on a large scale, etc. The London Agreements which were signed by Allied States on 8th August 1945 aimed at prosecuting Nazi criminals, defined it as a crime against humanity. It essentially concerns inhuman acts committed against civilians in a systematic manner during the time of war or even peace. Since the Nuremberg proceedings, the concept of crime against humanity has been a subject of constant evaluation. Thus, the Rome Statute of the International Penal Court of Justice enumerated more than ten categories of acts that constitute crime. These acts include large scale murder or extermination of some ethnic groups, deportation or forced transfer of communities, imprisonment or any other form of serious deprivation of freedom in violation of fundamental rights of international law. Others are persecution of an entire group or community for political, racial, national, ethnic, cultural, religious reasons or sexual discrimination as well as extensive systematic kidnap followed by death. Etymologically, genocide is a neologism (new word, usage or expression) formed from the Greek term genes which means origin, species, race or ethnic group. Genos is combined with a Latin verb caèdere which means to assassinate, to torture or to kill. The term Genocide was used for the first time in 1944 by Raphael Lemkin in his book titled Axis Rule in Occupied Europe. It refers to the physical extermination of nations as well as ethnic groups according to a well-coordinated and systematic plan. Genocide was redefined in legal terms as by the Convention on Prevention and Repression of the Crime of Genocide which was adopted unanimously by the United Nations General Assembly on 9th December 1948. The convention which came into force in 1951, defines Genocide in article II, in its intentional nature to eliminate, in whole or in part, a national, ethnic, racial or religious group”. Genocide means any of the following acts that are committed with the intention of exterminating wholly or partially, a national, ethnic, racial or religious group: Mass murder of members of a group. Physical or mental aggression of members of a group; Subjecting members of a community to living conditions capable of leading to total or partial destruction; Occasioning birth control measures to a group that are aimed at curtailing population growth; Forced transfer of children from one group to another”. From the “extent” of destruction and political implications, the two notions of crime against humanity and Genocide tend to be used in a confused manner. If a war crime presupposes confrontation between nations, crimes against humanity and Genocide may be about conflicts within nations. The main difference between these two crimes is in the motive of each of them ( Criminal acts with the intention of eliminating the victim due to ethnic reasons or political connections). If the perpetrator of the crime is willing to exterminate totally or partially, a national, racial, ethnic or religious group, such an act constitutes Genocide.
