Rwanda insists on pushing for changes in international law to provide for reparations to survivors of the 1994 Genocide against the Tutsi, citing the gaps of the legal framework governing the International Criminal Tribunal for Rwanda (ICTR) which did not provide for compensation for the suffering they endured.

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Minister of Justice Emmanuel Ugirashebuja said although the tribunal prosecuted and convicted genocide perpetrators, its mandate did not include provisions for reparations to victims, leaving their losses and suffering unaddressed through that process.

He was speaking in Kigali on Friday, November 6, during the 15th Annual Conference of the African Society of International Law (AfSIL), which is examining Africa's experience with reparations under international law.

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Ugirashebuja said the conference provides an opportunity to examine whether existing international legal instruments can address such gaps, and what reforms may be necessary to ensure victims of serious crimes can obtain redress.

"When the International Criminal Tribunal for Rwanda (ICTR) was established to prosecute genocide-related crimes, the laws governing it did not provide for reparations for the suffering caused. This is a clear gap: a genocide occurred, and people were directly affected by it, yet no provision was made for reparations,” he said.

He noted that survivors lost family members, sustained physical injuries and had their property destroyed, while many continue to experience emotional suffering.

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Although reparations cannot restore lives or undo the consequences of the Genocide, the minister said they remain an important way of addressing the harm suffered by victims.

"Although compensation for emotional suffering cannot erase what happened, it represents an attempt to rectify past wrongs,” he said.

He added that the question goes beyond Rwanda, given Africa's history of slavery, colonialism, genocide and other serious crimes, whose consequences continue to affect communities.

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The discussions, he said, should help establish who qualifies for reparations, who bears responsibility and what form the remedies should take, including compensation for moral damages.

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Calls for review of traditional legal framework

Judge Dire Tladi of the International Court of Justice (ICJ) said the challenge extends beyond the ICTR, arguing that the international legal framework governing reparations has not kept pace with developments in international law, particularly the recognition of human rights, genocide and crimes against humanity.

He said traditional principles of state responsibility and reparation largely reflect legal thinking from the 1920s, when the framework was developed, and were not designed to address the scale of harm caused by mass atrocities or environmental destruction.

"Some of the challenges, I mean the main challenge is that the law on reparation is an old law, and it hasn't really changed with time. It hasn't moved with time,” he said.

Tladi argued that the traditional approach also faces difficulties when dealing with widespread harm involving multiple victims, where the consequences cannot easily be quantified or reversed.

He cited the 1994 Genocide against the Tutsi and other mass atrocities as examples of situations where compensation cannot restore what victims and entire communities have lost.

"The types of injuries suffered in these types of regions are not easily quantifiable, and the notion that any form of reparation can wipe out the consequences is simply untenable and unsustainable,” he said.

He also pointed to climate change as another area exposing the limitations of existing rules, particularly where several countries contribute to environmental damage while vulnerable nations bear much of its impact.

Referring to the ICJ's 2025 advisory opinion on climate change, Tladi said the court outlined the general legal framework for determining state responsibility but left questions about how responsibility and reparations should be established in specific cases.

He said such challenges require further examination by international law scholars and practitioners, rather than expecting courts to develop new legal principles without sufficient consideration.

Tladi urged African countries to work together in shaping the future of international law, arguing that their collective position would be important in influencing how reparations are addressed globally.

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Africa urged to develop common reparations agenda

Moïse Makane Mbengue, president of the African Society of International Law, said African countries need to develop a common position on reparations that reflects the continent's priorities, rather than limiting their demands to financial compensation.

He cited the return of cultural property taken from African countries during colonialism as one form of reparation, arguing that restitution may be more appropriate than monetary compensation.

On climate change, he said African countries should also consider measures such as debt relief and cancellation, alongside mechanisms that provide resources to help them adapt to its effects.

"Reparations are not just about compensation. Quite often in the African conversation, when we talk about reparation for historical injustices, we think in terms of compensation. But there are other mechanisms that should be thought about beyond compensation,” he said.

Mbengue said international law provides room to identify and develop different remedies, but African countries must take a more active role in shaping the rules.

He recommended what he observes as "Africanisation of international law”, saying the continent should move beyond simply following legal approaches and interpretations developed elsewhere.

He also called for unity among African states, arguing that a common position would strengthen their influence in international discussions and negotiations.

Using climate change as an example, Mbengue said Africa has contributed a relatively small share of global greenhouse gas emissions but faces significant consequences from the crisis.

He said African countries therefore need a shared strategy on loss and damage, including agreement on the mechanisms through which they should benefit from reparations.

The conference, running from November 6 to 7, brings together international law scholars, judges, practitioners and policymakers to examine how African experiences of historical and contemporary injustices can inform the development of international law.