(Based on Articles 94–95 of Law Nº 68/2018)
Introduction
Crimes against humanity stand among the most severe offences in Rwandan and international law.
They are not crimes of passion or isolated acts — they are deliberate, widespread, and systematic attacks against civilians.
If genocide targets identity, crimes against humanity target the very concept of humanity itself.
In post-genocide Rwanda, the inclusion of these provisions in the Penal Code reaffirms a universal truth: no one, whether soldier, official, or leader, is above accountability for atrocities committed against civilians.
II. Definition under the Law
Article 94 – Crimes Against Humanity Defined
Under Rwandan law, crimes against humanity are any acts committed as part of a widespread or systematic attack directed against a civilian population, with knowledge of that attack.
These acts include, but are not limited to:
1. Murder;
2. Extermination;
3. Enslavement;
4. Deportation or forcible transfer of population;
5. Imprisonment or severe deprivation of liberty contrary to international law;
6. Torture;
7. Rape, sexual slavery, enforced prostitution, forced pregnancy, or sterilization;
8. Persecution against any identifiable group;
9. Enforced disappearance of persons;
10. Apartheid or other inhuman acts intentionally causing great suffering or injury.
The key elements are scale, system, and intent — the crime must be part of a coordinated policy against civilians, not an isolated offence.
III. Punishment and Related Provisions
Article 95 – Penalties for Crimes Against Humanity
Any person convicted of crimes against humanity shall be punished by life imprisonment.
No amnesty or reduction applies due to rank, position, or political motive.
Subordinate officials, accomplices, or individuals who obey unlawful orders are also liable if they knew their actions formed part of such an attack.
IV. Legal Distinction and Context
Crimes against humanity differ from genocide in that they need not target a specific group.
They can be based on political persecution, religious suppression, or other forms of systematic violence against civilians.
For instance, a state that orders mass arrests, killings, or torture to suppress opposition is guilty of crimes against humanity even if victims belong to different backgrounds.
This legal category ensures that systematic cruelty, even without genocidal intent, faces the full weight of justice.
V. Application in Rwandan Jurisprudence
Following 1994, Rwanda incorporated international criminal law directly into domestic legislation.
Articles 94–95 allow national courts to prosecute individuals for crimes that once fell exclusively under international tribunals, such as the ICTR.
The law applies to:
• Individuals who ordered or executed such attacks;
• Members of armed or political groups;
• Civilians who knowingly participated in persecution or extermination campaigns.
Rwandan courts assess evidence such as command orders, propaganda, coordination patterns, and witness testimony to establish systematic intent — showing that atrocities were not spontaneous but organized.
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VI. Illustrative Context and Historical Insight
The Rwandan experience revealed how political power, when unchecked, can transform into a machine of mass abuse. Under previous regimes, civilians were detained, tortured, or killed on the basis of ethnicity or political suspicion.
By enacting Articles 94–95, Rwanda ensured its justice system would forever possess the tools to hold such perpetrators accountable.
The scope of the law also means Rwanda can prosecute foreign nationals if crimes against humanity are committed on its soil or against its citizens abroad, reflecting universal jurisdiction principles.
VII. Enforcement and Institutional Framework
Crimes against humanity are investigated by the National Public Prosecution Authority (NPPA) and tried before the High Court Chamber for International Crimes.
Prosecutors are trained to use international standards of evidence, ensuring consistency with precedents from the ICTR and ICC.
Victims have the right to:
• Legal representation,
• Medical and psychological support, and
• Restitution or reparations where applicable.
Cooperation with foreign jurisdictions allows extradition of suspects, ensuring fugitives cannot find safe haven beyond Rwanda’s borders.
VIII. Moral and Civic Meaning
This law redefines justice as a collective moral responsibility.
It declares that attacking civilians — whether through political persecution, sexual violence, or torture — is not a local matter but a crime against humanity itself.
It also serves as a mirror for public officials and military personnel: every action in service of the state must uphold human dignity, not violate it.
Obedience is not an excuse; morality cannot be delegated.
IX. Public Awareness Message
• Crimes against humanity are not historical relics — they can occur wherever power dehumanizes the powerless.
• Citizens must recognize early signs: unlawful detentions, targeted propaganda, or organized sexual violence.
• Public officials have a legal and moral duty to reject unlawful orders.
• Survivors have the right to justice and remembrance, no matter how many years have passed.
X. Key Takeaway
Law Nº 68/2018, Articles 94–95 stand as a moral compass within Rwanda’s legal framework.
They affirm that humanity is indivisible, and that cruelty — when systematic and deliberate — is not merely a national crime but a wound to all mankind.
By embedding this into national law, Rwanda turned its darkest history into a permanent warning: the human being is sacred, even when the system forgets.