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The Courts Of Genocide
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Book Synopsis The Courts of Genocide by : Nicholas Jones
Download or read book The Courts of Genocide written by Nicholas Jones and published by Routledge. This book was released on 2009-09-10 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Courts of Genocide focuses on the judicial response to the genocide in Rwanda in order to address the search for justice following mass atrocities. The central concern of the book is how the politics of justice can get in the way of its administration. Considering both the ICTR (International Criminal tribunal for Rwanda), and all of the politics surrounding its work, and the Rwandan approach (the Gacaca courts and the national judiciary) and the politics that surround it, The Courts of Genocide addresses the relationship between these three 'courts' which, whilst oriented by similar concerns, stand in stark opposition to each other. In this respect, the book addresses a series of questions, including: What aspects of the Rwandan genocide itself played a role in directing the judicial response that has been adopted? On what basis did the government of Rwanda decide to address the genocide in a legalistic manner? Around what goals has each judicial response been organized? What are the specific procedures and processes of this response? And, finally, what challenges does its multifaceted character create for those involved in its operation, well as for Rwandan society? Addressing conceptual issues of restorative and retributive justice, liberal legalism and cosmopolitan law, The Courts of Genocide constitutes a substantially grounded reflection upon the problem of 'doing justice' after genocide.
Book Synopsis Inside Rwanda's /Gacaca/ Courts by : Bert Ingelaere
Download or read book Inside Rwanda's /Gacaca/ Courts written by Bert Ingelaere and published by University of Wisconsin Pres. This book was released on 2016-12-06 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comprehensively documents how local courts after the Rwandan genocide gradually shifted from confession to accusation, from restoration to retribution.
Book Synopsis Beyond Genocide: Transitional Justice and Gacaca Courts in Rwanda by : Pietro Sullo
Download or read book Beyond Genocide: Transitional Justice and Gacaca Courts in Rwanda written by Pietro Sullo and published by Springer. This book was released on 2018-09-19 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: Combining both legal and empirical research, this book explores the statutory aspects and practice of Gacaca Courts (inkiko gacaca), the centrepiece of Rwanda's post-genocide transitional justice system, assessing their contribution to truth, justice and reconciliation. The volume expands the knowledge regarding these courts, assessing not only their performance in terms of formal justice and compliance with human rights standards but also their actual modus operandi. Scholars and practitioners have progressively challenged the idea that genocide should be addressed exclusively through 'westernised' criminal law, arguing that the uniqueness of each genocidal setting requires specific context-sensitive solutions. Rwanda's experience with Gacaca Courts has emerged as a valuable opportunity for testing this approach, offering never previously tried homegrown solutions to the violence experienced in 1994 and beyond. Due to the unprecedented number of individuals brought to trial, the absence of lawyers, the participative nature, and the presence of lay judges directly elected by the Rwandan population, Gacaca Courts have attracted the attention of researchers from different disciplines and triggered dichotomous reactions and appraisals. The tensions existing within the literature are addressed, anchoring the assessment of Gacaca in a comprehensive legal analysis in conjunction with field research. Through the direct observation of Gacaca trials, and by holding interviews and informal talks with survivors, perpetrators, ordinary Rwandans, academics and the staff of NGOs, a purely legalistic perspective is overcome, offering instead an innovative bottom-up approach to meta-legal concepts such as justice, fairness, truth and reconciliation. Outlining their strengths and shortcomings, this book highlights what aspects of Gacaca Courts can be useful in other post-genocide contexts and provides crucial lessons learnt in the realm of transitional justice. The primary audience this book is aimed at consists of researchers working in the areas of international criminal law, transitional justice, genocide, restorative justice, African studies, human rights and criminology, while practitioners, students and others with a professional interest in the topical matters that are addressed may also find the issues raised relevant to their practice or field of study. Pietro Sullo teaches public international law and international diplomatic law at the Brussels School of International Studies of the University of Kent in Brussels. He is particularly interested in international human rights law, transitional justice, international criminal law, constitutional transitions and refugee law. After earning his Ph.D. at the Sant'Anna School of Advanced Studies in Pisa, Dr. Sullo worked at the Max-Planck-Institute for Comparative Public Law and International Law in Heidelberg as a senior researcher and as a coordinator of the International Doctoral Research School on Retaliation, Mediation and Punishment. He was also Director of the European Master's Programme in Human Rights and Democratization (E.MA) in Venice from 2013 to 2015 and lastly he has worked for international NGOs and as a legal consultant for the Libya Constitution Drafting Assembly on human rights and transitional justice.
Book Synopsis Genocide in International Law by : William Schabas
Download or read book Genocide in International Law written by William Schabas and published by Cambridge University Press. This book was released on 2009-02-19 with total page 760 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previous edition, 1st, published in 2000.
Book Synopsis Remediation in Rwanda by : Kristin Conner Doughty
Download or read book Remediation in Rwanda written by Kristin Conner Doughty and published by University of Pennsylvania Press. This book was released on 2016-03-08 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kristin Conner Doughty examines how Rwandans navigated the combination of harmony and punishment in grassroots courts purportedly designed to rebuild the social fabric in the wake of the 1994 genocide. Postgenocide Rwandan officials developed new local courts ostensibly modeled on traditional practices of dispute resolution as part of a broader national policy of unity and reconciliation. The three legal forums at the heart of Remediation in Rwanda—genocide courts called inkiko gacaca, mediation committees called comite y'abunzi, and a legal aid clinic—all emphasized mediation based on principles of compromise and unity, brokered by third parties with the authority to administer punishment. Doughty demonstrates how exhortations to unity in legal forums served as a form of cultural control, even as people rebuilt moral community and conceived alternative futures through debates there. Investigating a broad range of disputes, she connects the grave disputes about genocide to the ordinary frictions people endured living in its aftermath. Remediation in Rwanda is therefore about not only national reconstruction but also a broader narrative of how the embrace of law, particularly in postconflict contexts, influences people's lives. Though law-based mediation is framed as benign—and is often justified as a purer form of culturally rooted dispute resolution, both by national governments such as Rwanda's, and in the transitional justice movement more broadly—its implementation, as Doughty reveals, involves coercion and accompanying resistance. Yet in grassroots legal forums that are deeply contextualized, law-based mediation can open up spaces in which people negotiate the micropolitics of reconciliation.
Book Synopsis The Criminal Law of Genocide by : Paul Behrens
Download or read book The Criminal Law of Genocide written by Paul Behrens and published by Routledge. This book was released on 2016-03-16 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays presents a contextual view of genocide. The authors, who are academic authorities and practitioners in the field, explore the legal treatment, but also the social and political concepts and historical dimensions of the crime. They also suggest alternative justice solutions to the phenomenon of genocide. Divided into five parts, the first section offers an historical perspective of genocide. The second consists of case studies examining recent atrocities. The third section examines differences between legal and social concepts of genocide. Part four discusses the treatment of genocide in courts and tribunals throughout the world. The final section covers alternatives to trial justice and questions of prevention and sentencing.
Book Synopsis The Gacaca Courts, Post-Genocide Justice and Reconciliation in Rwanda by : Phil Clark
Download or read book The Gacaca Courts, Post-Genocide Justice and Reconciliation in Rwanda written by Phil Clark and published by Cambridge University Press. This book was released on 2010-09-09 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 2001, the Gacaca community courts have been the centrepiece of Rwanda's justice and reconciliation programme. Nearly every adult Rwandan has participated in the trials, principally by providing eyewitness testimony concerning genocide crimes. Lawyers are banned from any official involvement, an issue that has generated sustained criticism from human rights organisations and international scepticism regarding Gacaca's efficacy. Drawing on more than six years of fieldwork in Rwanda and nearly five hundred interviews with participants in trials, this in-depth ethnographic investigation of a complex transitional justice institution explores the ways in which Rwandans interpret Gacaca. Its conclusions provide indispensable insight into post-genocide justice and reconciliation, as well as the population's views on the future of Rwanda itself.
Book Synopsis Courts in Conflict by : Nicola Palmer
Download or read book Courts in Conflict written by Nicola Palmer and published by Oxford University Press, USA. This book was released on 2015 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume focuses on the practices of the United Nations International Criminal Tribunal for Rwanda (ICTR), the national Rwandan courts, and the gacaca community courts in post-genocide Rwanda. It emphasizes that, although the courts are compatible in law, an interpretive cultural analysis indicates how and why they have often conflicted in practice.
Book Synopsis Court of Remorse by : Thierry Cruvellier
Download or read book Court of Remorse written by Thierry Cruvellier and published by Univ of Wisconsin Press. This book was released on 2010-08-05 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: When genocidal violence gripped Rwanda in 1994, the international community recoiled, hastily withdrawing its peacekeepers. Late that year, in an effort to redeem itself, the United Nations Security Council created the International Criminal Tribunal for Rwanda to seek accountability for some of the worst atrocities since World War II: the genocide suffered by the Tutsi and crimes against humanity suffered by the Hutu. But faced with competing claims, the prosecution focused exclusively on the crimes of Hutu extremists. No charges would be brought against the Tutsi-led Rwandan Patriotic Front, which ultimately won control of the country. The UN, as if racked by guilt for its past inaction, gave in to pressure by Rwanda’s new leadership. With the Hutu effectively silenced, and the RPF constantly reminding the international community of its failure to protect the Tutsi during the war, the Tribunal pursued an unusual form of one-sided justice, born out of contrition. Fascinated by the Tribunal’s rich complexities, journalist Thierry Cruvellier came back day after day to watch the proceedings, spending more time there than any other outside observer. Gradually he gained the confidence of the victims, defendants, lawyers, and judges. Drawing on interviews with these protagonists and his close observations of their interactions, Cruvellier takes readers inside the courtroom to witness the motivations, mechanisms, and manipulations of justice as it unfolded on the stage of high-stakes, global politics. It is this ground-level view that makes his account so valuable—and so absorbing. A must-read for those who want to understand the dynamics of international criminal tribunals, Court of Remorse reveals both the possibilities and the challenges of prosecuting human rights violations. A Choice Outstanding Academic Book Best Books for General Audiences, selected by the American Association for School Libraries and the Public Library Association Best Books for High Schools, selected by the American Association for School Libraries
Book Synopsis Justice in Africa by : Paul Magnarella
Download or read book Justice in Africa written by Paul Magnarella and published by Routledge. This book was released on 2019-11-11 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2000: This work describes the United Nations International Criminal Tribunal for Rwanda (ICTR) - the first international court created to try persons for genocide and violation the humanitarian law of non-international armed conflict. The book begins with an explanation of the causes of the 1994 genocide in Rwanda. It then discusses the UN Security Council's creation of the ICTR and the Tribunal's organization, functioning, accomplishments and shortcomings. The author explains how the Tribunal has gained custody over suspects who had fled to other countries in Africa, Europe and also to the USA. The book analyzes the ICTR's first several cases and describes the unique contributions the Tribunal is making to the expansion of humanitarian law. In addition, the author describes Rwanda's own legal attempts to deal with the trauma of 1994 by passing a new genocide statute and creating special genocide courts. He also explains the similiarities and differences between the Tribunal for Rwanda and the one created by the UN Security Council to deal with major crimes committed during the break-up of former Yugoslavia.
Book Synopsis Genocide, Crimes Against Humanity, War Crimes by : Machteld Boot
Download or read book Genocide, Crimes Against Humanity, War Crimes written by Machteld Boot and published by Intersentia nv. This book was released on 2002 with total page 754 pages. Available in PDF, EPUB and Kindle. Book excerpt: 3.1 The Tokyo Charter
Book Synopsis The Genocide Convention by : John Quigley
Download or read book The Genocide Convention written by John Quigley and published by Routledge. This book was released on 2016-03-09 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Genocide Convention explores the question of whether the law and genocide law in particular can prevent mass atrocities. The volume explains how genocide came to be accepted as a legal norm and analyzes the intent required for this categorization. The work also discusses individual suits against states for genocide and, finally, explores the utility of genocide as a legal concept.
Book Synopsis Justice in Africa by : Paul J Magnarella
Download or read book Justice in Africa written by Paul J Magnarella and published by Routledge. This book was released on 2018-02-06 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2000: This work describes the United Nations International Criminal Tribunal for Rwanda (ICTR) - the first international court created to try persons for genocide and violation the humanitarian law of non-international armed conflict. The book begins with an explanation of the causes of the 1994 genocide in Rwanda. It then discusses the UN Security Council's creation of the ICTR and the Tribunal's organization, functioning, accomplishments and shortcomings. The author explains how the Tribunal has gained custody over suspects who had fled to other countries in Africa, Europe and also to the USA. The book analyzes the ICTR's first several cases and describes the unique contributions the Tribunal is making to the expansion of humanitarian law. In addition, the author describes Rwanda's own legal attempts to deal with the trauma of 1994 by passing a new genocide statute and creating special genocide courts. He also explains the similiarities and differences between the Tribunal for Rwanda and the one created by the UN Security Council to deal with major crimes committed during the break-up of former Yugoslavia.
Book Synopsis Elements of Genocide by : Paul Behrens
Download or read book Elements of Genocide written by Paul Behrens and published by Routledge. This book was released on 2013-05-07 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Elements of Genocide provides an authoritative evaluation of the current perception of the crime, as it appears in the decisions of judicial authorities, the writings of the foremost academic experts in the field, and in the texts of Commission Reports. Genocide constitutes one of the most significant problems in contemporary international law. Within the last fifteen years, the world has witnessed genocidal conduct in Rwanda and Bosnia and Herzegovina, while the debate on the commission of genocide in Darfur and the DR Congo is ongoing. Within the same period, the prosecution of suspected génocidaires has taken place in international tribunals, internationalised tribunals and domestic courts; and the names of Slobodan Milosevic, Radovan Karadzic and Saddam Hussein feature among those against whom charges of genocide were brought. Pursuing an interdisciplinary examination of the existing case law on genocide in international and domestic courts, Elements of Genocide comprehensive and accessible reflection on the crime of genocide, and its inherent complexities.
Book Synopsis Judgment At Istanbul by : Vahakn N. Dadrian
Download or read book Judgment At Istanbul written by Vahakn N. Dadrian and published by Berghahn Books. This book was released on 2011-12-30 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Turkey's bid to join the European Union has lent new urgency to the issue of the Armenian Genocide as differing interpretations of the genocide are proving to be a major reason for the delay of the its accession. This book provides vital background information and is a prime source of legal evidence and authentic Turkish eyewitness testimony of the intent and the crime of genocide against the Armenians. After a long and painstaking effort, the authors, one an Armenian, the other a Turk, generally recognized as the foremost experts on the Armenian Genocide, have prepared a new, authoritative translation and detailed analysis of the Takvim-i Vekâyi, the official Ottoman Government record of the Turkish Military Tribunals concerning the crimes committed against the Armenians during World War I. The authors have compiled the documentation of the trial proceedings for the first time in English and situated them within their historical and legal context. These documents show that Wartime Cabinet ministers, Young Turk party leaders, and a number of others inculpated in these crimes were court-martialed by the Turkish Military Tribunals in the years immediately following World War I. Most were found guilty and received sentences ranging from prison with hard labor to death. In remarkable contrast to Nuremberg, the Turkish Military Tribunals were conducted solely on the basis of existing Ottoman domestic penal codes. This substitution of a national for an international criminal court stands in history as a unique initiative of national self-condemnation. This compilation is significantly enhanced by an extensive analysis of the historical background, political nature and legal implications of the criminal prosecution of the twentieth century's first state-sponsored crime of genocide.
Book Synopsis Convention on the Prevention and Punishment of the Crime of Genocide, by : Christian Tams
Download or read book Convention on the Prevention and Punishment of the Crime of Genocide, written by Christian Tams and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1948 UN Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention) has a special standing in international law and international politics. For 60 years, the crime of genocide has been recognised as the most horrendous crime in international law, famously designated the 'crime of crimes'. On the occasion of the 60th anniversary of its adoption the UN High Commissioner for Human Rights stated that 'genocide is the ultimate form of discrimination'. In the same context the chief prosecutor of the International Criminal Court described the Genocide Convention as a 'visionary and founding text for the Court'. The Convention has as such influenced the subsequent development of many different areas of international law. For example, the 1951 Advisory Opinion on the Genocide Convention enabled the International Court of Justice to shape the modern regime of reservations to treaties. More recently, the prohibition against genocide has become a crucial pillar of the regime of international criminal law developing since the 1990s, with genocide being one of the core crimes falling under the jurisdiction of the UN ad hoc tribunals, the Extraordinary Chambers in the Courts of Cambodia and the permanent International Criminal Court.In this work the 19 provisions of the Convention are analysed article-by-article, with abundant references to state practice and case law.
Book Synopsis My Neighbor, My Enemy by : Eric Stover
Download or read book My Neighbor, My Enemy written by Eric Stover and published by Cambridge University Press. This book was released on 2004-12-02 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: My Neighbour, My Enemy tackles a crucial and highly topical issue - how do countries rebuild after ethnic cleansing and genocide? And what role do trials and tribunals play in social reconstruction and reconciliation. By talking with people in Rwanda and the former Yugoslavia and carrying out extensive surveys, the authors explore what people think about their past and the future. Their conclusions controversially suggest that international or local trials have little relevance to reconciliation. Communities understand justice far more broadly than it is defined by the international community and the relationship of trauma to a desire for trials is not clear-cut. The authors offer an ecological model of social reconstruction and conclude that coordinated multi-systemic strategies must be implemented if social repair is to occur. Finally, the authors suggest that while trials are essential to combat impunity and punish the guilty, their strengths and limitations must be acknowledged.
