The ICTR operates like a modern corporate organization. It’s divided into several departments which on paper are performing different functions.

However, unlike a regular corporation, the organs of the ICTR are independent of each other. It is common to find one organ of the ICTR made a particular decision which was supposed to be implemented by another.

Yet, the second organ was not informed of the decision and on many occasions, this has caused embarrassing scenes in and outside the court. 

The Tribunal has the Appeal chamber which is in charge of trials, the Office of the Prosecutor mandated to investigate and prosecute the Registry responsible for providing overall judicial and administrative support.

The judges work independent of any organ of the ICTR and their performance is not monitored by anybody. The administrative staff is much more reluctant in their work than civil servants. The lawyers on the other hand are as usual hustling one side against the other.

The suspects, the majority of whom have not yet been arrested and are traveling in all parts of the world further extend the tentacles of the ICTR and add another twist to the court. 

The Registry of the ICTR is the most powerful institution. It covers all technical details of the court. The Registry is also the most privy to the confusion of the ICTR. Take an example of Leonidas Nshogoza’s case.

Ideally, Nshogoza is not a criminal but he has served six months at the UN detention facility either because he and his lawyer are unscrupulous or the ICTR is simply incompetent.

Having been accused and arrested in Rwanda for forcing witnesses to ‘doctor’ their evidence, he was released and brought himself to Arusha. He was arrested by the ICTR. 

It is the nature of his arrest and continued stay at the UNDF that makes it interesting. Backed by a large group of supporters from Arusha, Nshogoza brought himself to the gates of the ICTR and asked to be arrested.

He chose the same lawyer, Allison Turner from Canada to defend him and a budget of 50,000 USD was allocated to meet the costs of the trial. 

However, the contract between her and the registry for Nshogoza’s case was messed up. The registry changed certain articles in the contract without informing her.

It is not common that a person accused of contempt of the tribunal stays six months in detention without ever asking the court to release him. 

Yet, this is not alarming compared to the management of witnesses appearing at the ICTR. It is alleged here that some witnesses just come to Arusha for fun. Free flight, free accommodation and meals by the ICTR.

Sometimes they appear as pseudo visitors to the detainees and they disguise themselves as witnesses. Yet it’s not only the witnesses that are manipulating the weaknesses of the ICTR, its own staff are the leading culprits of this accusation.

One Tanzanian official of this court appears in his office in the morning, hangs his coat behind his chair and that is about the only duty he performs on many of his working days here!

Ends