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The Effectiveness Of The International Criminal Tribunal For Rwanda In The Achievement Of Transitional Justice For Victims
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Book Synopsis The Effectiveness of the International Criminal Tribunal for Rwanda in the Achievement of Transitional Justice for Victims by : Mametlwa Selby Makgotho
Download or read book The Effectiveness of the International Criminal Tribunal for Rwanda in the Achievement of Transitional Justice for Victims written by Mametlwa Selby Makgotho and published by . This book was released on 2020 with total page 54 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Achievements and shortcomings of international criminal tribunal for Rwanda by : Karina Oborune
Download or read book Achievements and shortcomings of international criminal tribunal for Rwanda written by Karina Oborune and published by GRIN Verlag. This book was released on 2010-11-26 with total page 27 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research Paper (postgraduate) from the year 2009 in the subject Politics - Topic: Peace and Conflict, Security, grade: A-, University of Basel (Europainstitut), course: Friedensförderungsseminar, language: English, abstract: ABSTRACT Aim of paper This paper deals with the effectiveness and achievements of ICTR that can be viewed in light of aims set out in the UN Resolution 955, 1994. In the Resolution UN is determined to: 1) have effective application and enforcement of restrictions against the warfare perpetrators; 2) bring justice and ensure that violations are halted; 3) have fair trials; 4) contribute to criminal justice and process of reconciliation and restoration and maintenance of peace. Hypotheses In the present paper author put forward two hypotheses. The first hypothesis is that creation of ICTR was a logical, but moderate step, which would have not been necessary if global society would have appropriately reacted to previous warnings about possible genocide in Rwanda. The second hypothesis is that ICTR was merely a vehicle of justice, but it is hardly designed as a vehicle for reconciliation. Analytical framework Author has discussed the work of ICTR and refer to particular aims, possibility of their achievement and assess outcomes. Author used three tools of analytical framework: legal, political and economical, as from these different standing points it is possible to assess the work of ICTR in its entirety. Legal aspects of work of ICTR extend from mere procedural points to ICTR’s contribution to legal tradition and legal developments. Author depicted which of legal aspects have undermined the authority and image of ICTR, as well as could be deemed as actual shortcomings, and how these aspects influence achievement of justice as the ultimate goal of legal authority. Financial aspect shows the costs of ICTR, but political aspect deals with assessment of set goals in the Resolution and bringing justice as a prerogative, as it is expected to be effective and appropriate. Main conclusions The paper shows that while making a significant contribution to the law of genocide and international criminal justice and establishing historical record (achievements), ICTR was incapable in reconciliation of witnesses and survivors and was described as “job creation for foreigners” (shortcomings).
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 Transitional Justice in Rwanda by : Gerald Gahima
Download or read book Transitional Justice in Rwanda written by Gerald Gahima and published by Routledge. This book was released on 2013 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transitional Justice in Rwanda: Accountability for Atrocity comprehensively analyzes the full range of the transitional justice processes undertaken for the Rwandan genocide. Drawing on the author’s extensive professional experience as the principal justice policy maker and the leading law enforcement officer in Rwanda from 1996-2003, the book provides an in-depth analysis of the social, political and legal challenges faced by Rwanda in the aftermath of the genocide and the aspirations and legacy of transitional justice. The book explores the role played by the accountability processes not just in pursuing accountability but also in shaping the reconstruction of Rwanda’s institutions of democratic governance and political reconciliation. Central to this exploration will be the examination of whether or not transitional justice in Rwanda has contributed to a foundational rule of law reform process. While recognizing the necessity of pursuing accountability for mass atrocity, the book argues that a maximal approach to accountability for genocide may undermine the promotion of core objectives of transitional justice. Taking on one of the key questions facing practitioners and scholars of transitional justice today, the book suggests that the pursuit of mass accountability, particularly where socio-economic resources and legal capacity is limited, may destabilize the process of rule of law reform, endangering core human rights norms. Moreover, the book suggests that pursuing a strategy of mass accountability may undermine the process of democratic transition, particularly in a context where impunity for crimes committed by the victors of armed conflicts persists. Highlighting the ongoing democratic deficit in Rwanda and resulting political instability in the Great Lakes region, the book argues that the effectiveness of transitional justice ultimately hinges on the nature and success of political transition.
Book Synopsis Rwanda's Gamble by : Peter E. Harrell
Download or read book Rwanda's Gamble written by Peter E. Harrell and published by iUniverse. This book was released on 2003 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gacaca is an innovative form of justice that the Rwandan government will use to try the more than 100,000 participants in the 1994 genocide. Instead of putting suspects before the statutory-law courts that existed prior to 1994, the government is establishing 11,000 popularly-elected tribunals and charging them with the task of investigating and trying crimes that occurred within their territorial jurisdiction. Officials hope that this will help clear the backlog of cases while giving suspects (most of whom have spent nearly a decade in prison without a trial) a chance finally to have their cases heard. This book provides a detailed explanation of how the system will work, from the selection and training of the judges to the basics of courtroom procedure. It also places gacaca in the context of rapidly emerging restorative theories of justice, and argues for gacaca's appropriateness in the Rwandan context. Based on interviews, training manuals, documents never-before-published in the United States, and extensive travels throughout Rwanda, this book is an invaluable introductory guide to gacaca and explains why similar forms of justice should be experimented with elsewhere.
Book Synopsis Courts in Conflict by : Nicola Frances Palmer
Download or read book Courts in Conflict written by Nicola Frances 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: The rise of international criminal trials has been accompanied by a call for domestic responses to extraordinary violence. Yet there is remarkably limited research on the interactions among local, national, and international transitional justice institutions. Rwanda offers an early example of multilevel courts operating in concert. This book makes a crucial and timely contribution to the examination of these pluralist responses to atrocity at a juncture when holistic approaches are rapidly becoming the policy norm. It focuses on the practices of Rwanda's post-genocide criminal courts.
Book Synopsis The UN International Criminal Tribunals by : Klaus Bachmann
Download or read book The UN International Criminal Tribunals written by Klaus Bachmann and published by Routledge. This book was released on 2015-03-24 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: Both the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) are now about to close. Bachmann and Fatic look back at the achievements and shortcomings of both tribunals from an interdisciplinary perspective informed by sociology, political science, history, and philosophy of law and based upon on two key notions: the concepts of legitimacy and efficiency. The first asks to what extent the input (creation) of, the ICTY and the ICTR can be regarded as legitimate in light of the legal and public debate in the early 1990s. The second confronts the output (the procedures and decisions) of the ICTY and the ICTR with the tasks both tribunals were assigned by the UN Security Council, the General Assembly, and by key organs (the president and the chief prosecutors). The authors investigate to what extent the ICTY and the ICTR have delivered the expected results, whether they have been able to contribute to 'the maintenance of peace', 'stabilization' of the conflict regions, or even managed to provide 'reconciliation' to Rwanda. Furthermore, the book is concerned with how many criminals, over whom the ICTY and the ICTR wield jurisdiction, have actually been prosecuted and at what cost. Offering the first balanced and in depth analysis of the International Criminal Tribunals, the volume provides an important insight into what lessons have been learned, and how a deeper understanding of the successes and failures can benefit the international legal community in the future.
Book Synopsis The Elgar Companion to the International Criminal Tribunal for Rwanda by : Anne-Marie de Brouwer
Download or read book The Elgar Companion to the International Criminal Tribunal for Rwanda written by Anne-Marie de Brouwer and published by Edward Elgar Publishing. This book was released on 2016-12-30 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Elgar Companion to the International Criminal Tribunal for Rwanda is a one-stop reference resource on this complex tribunal, established in the aftermath of the 1994 genocide in Rwanda, which closed its doors on 31 December 2015. This Companion provides an insightful account of the workings and legacy of the ICTR in the field of international criminal justice.
Book Synopsis Victim Organisations and the Politics of Reparation by : Heidy Rombouts
Download or read book Victim Organisations and the Politics of Reparation written by Heidy Rombouts and published by Intersentia nv. This book was released on 2004 with total page 558 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reparation for victims of gross and systematic human rights violations is a contemporary issue gaining increased attention in both national and international politics. Post-conflict societies have to face the legacies of the dark past and dealing with a large group of victims is one of them. Transitional justice mechanisms trying to cope with the past should not overlook the issue of reparation. This research demonstrates how reparation for victims of gross and systematic human rights violations differs from reparation for isolated violations. The Rwandan case study unveils the role of victim organisations in and the competition and politicisation of the reparation debate. Although reparation for victims is a crucial element in transitional justice, it becomes clear that the way in which the reparation debate unfolds does not necessarily contribute to the peaceful future of a post-conflict society. This study argues that remedying the process and debate of the search for reparation will lead to an improved and more constructive reparation policy. Heidy Rombouts is a legal and social scientist (1997, Master of Laws; 1999, Master in Social and Political Sciences, Catholic University of Leuven). In 2004 she obtained a PhD degree in Social and Political Sciences at the University of Antwerp for her research on victim organisations and the politics of reparation. For several years she has been conducting research on transitional justice, human rights and post-conflict situations, including extensive field research in South Africa and Rwanda.
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 A Contextual Process by : Nicola Frances Palmer
Download or read book A Contextual Process written by Nicola Frances Palmer and published by . This book was released on 2011 with total page 574 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Genocide Never Sleeps by : Nigel Eltringham
Download or read book Genocide Never Sleeps written by Nigel Eltringham and published by Cambridge University Press. This book was released on 2019-09-12 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first comprehensive ethnographic account of an international criminal court, the International Criminal Tribunal for Rwanda.
Book Synopsis Procedural Due Process Safeguards in the Prosecution of Genocide Suspects by : Phillip Apuuli Kasaija
Download or read book Procedural Due Process Safeguards in the Prosecution of Genocide Suspects written by Phillip Apuuli Kasaija and published by . This book was released on 2006 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Rwanda's Gacaca Courts by : Paul Christoph Bornkamm
Download or read book Rwanda's Gacaca Courts written by Paul Christoph Bornkamm and published by OUP Oxford. This book was released on 2012-01-12 with total page 1332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rwanda's Gacaca courts provide an innovative response to the genocide of 1994. Incorporating elements of both African dispute resolution and of Western-style criminal courts, Gacaca courts are in line with recent trends to revive traditional grassroots mechanisms as a way of addressing a violent past. Having been devised as a holistic approach to prosecution and punishment as well as to healing and repairing, they also reflect the increasing importance of victim participation in international criminal justice. This book critically examines the Gacaca courts' achievements as a mechanism of criminal justice and as a tool for healing, repairing, and reconciling the shattered communities. Having prosecuted over one million people suspected of crimes during the 1994 genocide, the courts have been both praised for their efficiency and condemned for their lack of due process. Drawing upon extensive observations of trial proceedings, this book is the first to provide a detailed analysis of the Gacaca legislation and its practical implementation. It discusses the Gacaca courts within the framework of transitional and international criminal justice and argues that, despite the trend towards local, tailor-made solutions to the challenges of political transition, there is a common set of principles to be respected in addressing the past. Evaluating the Gacaca courts against the backdrop of existing or emerging principles, such as the duties to investigate and prosecute, and the right to the truth, the book provides a sophisticated critique of Rwanda's reconciliation policy. In doing so, it contributes to the development and the clarification of these principles. It concludes that Gacaca courts have achieved a great deal in stimulating a basic discourse on the genocide, but they have also contributed to assigning collective responsibility and may thus end up deepening the divides within Rwandan society.
Book Synopsis The Figure of the Witness in International Criminal Tribunals by : Benjamin Thorne
Download or read book The Figure of the Witness in International Criminal Tribunals written by Benjamin Thorne and published by Taylor & Francis. This book was released on 2022-10-05 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses how international criminal institutions, and their actors – legal counsels, judges, investigators, registrars – construct witness identity and memory. Filling an important gap within transitional justice scholarship, this conceptually led and empirically grounded interdisciplinary study takes the International Criminal Tribunal for Rwanda (ICTR) as a case study. It asks: How do legal witnesses of human rights violations contribute to memory production in transitional post-conflict societies? Witnessing at tribunals entails individuals externalising memories of violations. This is commonly construed within the transitional justice legal scholarship as an opportunity for individuals to ensure their memories are entered into an historical record. Yet this predominant understanding of witness testimony fails to comprehend the nature of memory. Memory construction entails fragments of individual and collective memories within a contestable and contingent framing of the past. Accordingly, the book challenges the claim that international criminal courts and tribunals are able to produce a collective memory of atrocities; as it maintains that witnessing must be understood as a contingent and multi-layered discursive process. Contributing to the specific analysis of witnessing and memory, but also to the broader field of transitional justice, this book will appeal to scholars and practitioners in these areas, as well as others in legal theory, global criminology, memory studies, international relations, and international human rights.
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
