For more than a year, a shifting roster of judges and legal scholars on board the Rwanda Tribunal issued a flurry of confused opinions and decisions—completely changing their position and reversing themselves four times in an attempt to find a way to perceive the Hutus and Tutsis as two distinct racial or ethnic groups, but without success. The judges finally ruled that the definition of a victim in these cases would have to be done on a case-by-case basis—with the result that every genocide trial would begin by reviewing the same confusing and inconclusive evidence on Hutu and Tutsi identity
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