In the last fifteen years performance of mediators in the circumstances of lack of specialized training and background information has proved that UN ad hoc quality is too dependent on „trial and error“ (UNSC, 2009: 15). The case of ethno-political conflict in Rwanda (Baechler, 1998: 26) and performance of International Criminal Tribunal for Rwanda (ICTR) is one of such examples.
UN Security Council Resolution 955 (UNSC, 1994: 1) as an aim set to achieve reconciliation and maintenance of peace. Unfortunately this aim has not been achieved: many people do not know about ICTR and those who know do not evaluate ICTR as successive in reconciliation. Only 36 per cent of Rwandans see any reconciliation (Cobban, 2006: 22-28). Moreover, over 80 per cent of Rwandans know little or nothing about the work of the ICTR (Sisson, 2006: 9).
Author of this essay has chosen to deal with a comprehensive task to evaluate ICTR as a mediator. In this case ICTR is international, completely independent ‚outside’ mediator (Swisspeace/CSS, 2009: 3). Author has emphasized following five weaknesses of ICTR: lack of protection, lack of material support, lack of psychological support, lack of gender-perspective and need for education programmes. In the final part author drafted questions which should be asked by mediator.
Table of Contents
Introduction
1. Lack of protection
2. Lack of material support
3. Lack of psychological support
4. Lack of gender-perspective
5. Need for education programmes
Conclusion
Questions for the mediator
Objectives and Core Topics
The essay evaluates the performance of the International Criminal Tribunal for Rwanda (ICTR) as an international, independent mediator in the context of post-conflict reconciliation, identifying systemic failures that hindered its effectiveness in the eyes of the Rwandan population.
- Analysis of witness protection mechanisms and their failure to prevent harassment and violence.
- Evaluation of the economic impact of the tribunal versus local social program needs.
- Assessment of psychological support systems for survivors of sexual violence and HIV/AIDS.
- Critique of gender-sensitive language and the inclusion of gender-relevant issues in legal processes.
- Importance of education and re-education campaigns for sustainable peace-building.
Excerpt from the Book
1. LACK OF PROTECTION
The first issue author would like to discuss is one of the ICTR’s most serious shortcomings: lack of witness protection. Mediator’s task is “to put measures in place and act in such a way that the safety and security is protected’’ (Swisspeace/CSS, 2009: 12) and “judicial action shall be undertaken against the culprits after the thorough investigation” (Women’s Charter: 6). On contrary, witnesses have been isolated harassed, threatened and even assassinated by their community. For example, over two hundred genocide survivors were killed in 1996. This was because ICTR’s witness protection program was created insufficiently. For example, there was only one person assigned to Kigali, therefore it is hard task for one person to protect thousands of victims and witnesses in this city (Cobban: 2003/2004).
Also Rwandan diplomat Martin Ngoga identifies this as most troubling: “They promise them security. But what is “security”?” Woman who’s been a victim of rape needs much more than physical security, she especially needs HIV treatment and counseling. Moreover, witnesses have been dying from lack of HIV treatment. “We have cases that will last another five years, and the witnesses are actually dying. We also have cases of witnesses being threatened and killed after testifying.” (Cobban: 2003/2004)
Summary of Chapters
Introduction: This section introduces the ICTR’s role in Rwanda and outlines the five primary weaknesses—protection, material support, psychological support, gender perspective, and education—that will be evaluated.
1. Lack of protection: This chapter highlights the failure of the ICTR to provide adequate safety for witnesses, leading to intimidation, threats, and even death among those who testified.
2. Lack of material support: This section discusses the criticism that the ICTR functions as a costly international program that fails to provide tangible social or economic benefits to the Rwandan people struggling in the aftermath of conflict.
3. Lack of psychological support: This chapter addresses the insufficient care for victims' mental and physical health, noting that perpetrators receive better treatment in prison than survivors of sexual violence.
4. Lack of gender-perspective: This part argues that the ICTR failed to incorporate gender-sensitive language and address specific needs of female survivors, such as those suffering from displacement and HIV/AIDS resulting from rape.
5. Need for education programmes: This chapter emphasizes that long-term reconciliation is impossible without systemic public education and efforts to promote understanding between rival communities.
Conclusion: The author concludes that the ICTR failed to address the unique complexities of the Rwandan genocide, suggesting that effective mediation requires a deeper knowledge of the local context.
Questions for the mediator: This section provides a list of critical questions that mediators should pose in post-conflict situations to ensure human rights and sustainability.
Keywords
ICTR, Rwanda, International Mediation, Transitional Justice, Witness Protection, Reconciliation, Sexual Violence, Gender-Perspective, HIV/AIDS, Peace-Building, Genocide, Post-Conflict, Human Rights, Accountability, Psychological Support
Frequently Asked Questions
What is the primary focus of this research paper?
The paper evaluates the International Criminal Tribunal for Rwanda (ICTR) in its capacity as an international mediator, focusing on its effectiveness and its systemic failures in the reconciliation process.
What are the core thematic areas discussed?
The study centers on five key weaknesses: lack of witness protection, insufficient material support, lack of psychological support for victims, inadequate gender-perspectives, and the absence of necessary public education programs.
What is the central research question?
The essay aims to evaluate whether the ICTR successfully fulfilled its role as an independent mediator and to determine why its impact on reconciliation and the lives of Rwandans remained limited.
Which scientific or analytical method is used?
The author uses a qualitative evaluation approach, analyzing existing reports, legal documents, and expert critiques to identify structural shortcomings in the tribunal's performance.
What does the main body of the work cover?
The main body examines the specific failures of the ICTR in serving the local population, contrasting the tribunal's high costs with the daily struggles of genocide survivors.
Which keywords characterize the work?
The work is characterized by terms such as ICTR, transitional justice, reconciliation, witness protection, and post-conflict mediation.
How does the author view the ICTR's impact on survivors?
The author argues that the ICTR often did more harm than good, particularly by failing to provide adequate protection and failing to meet the psychological and health-related needs of rape survivors.
What specific recommendation does the author give for future mediators?
The author provides a set of five key questions that mediators must ask in post-conflict situations, emphasizing the importance of protection, psychological support, and gender-relevant considerations.
- Citation du texte
- Karina Oborune (Auteur), 2009, International criminal tribunal for Rwanda as international peace mediator, Munich, GRIN Verlag, https://www.grin.com/document/156857
