A critique to punishment of the crime of genocide ideology and other related offences

Abstract

This study is an assessment of the gravity of the genocide ideology crime and related crimes in regard with its punishment in Rwanda. It was conducted on the assumption that law relating to crime of genocide ideology and related crime of 2013 has decreased the punishment that had been enshrined in the repealed law of 2008. Many reports have been released out about the increasing of the commission of such crime after the repealing of the law referred above. The study employed different research methods which included interviews, observation, library and desktop research. The research found out that there is increasing of commission of the crimes referred above especially in commemoration period through various platforms including social media, hate speech to mention but few. The crime of genocide ideology and related crimes are punishable in Rwanda disproportional to its gravity. It is measured to the reference of the punishment of the crime of genocide in Rwandan criminal justice, whereby the intention of the offender who is charged the genocide ideology is the same as the crime genocide perpetrator. Their intention is to destroy in whole or in part certain people based on their race, ethnicity, religion and nation. Therefore, the suggestion is to increase a punishment of genocide ideology crime to the level of the crime of genocide because the gravity of both is the same. The reference is also made to the principle of proportionality that mostly used in criminal system to set a punishment against a certain crime. A study found out that in providing a punishment to an offence, such punishment should be in proportional to the gravity of the offence committed and the objectives of the punishment must be taken in consideration. The comparison between Rwandan and German legal framework on prevention of crime of genocide ideology and related crimes was made as a tool of measuring how a crime referred above is punished in foreigner criminal justice. German was selected as a country which was experienced holocaust and faced a transitional justice in prevention of genocide ideology.