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).
Table of Contents
1. INTRODUCTION
2. ANALYSIS OF GENOCIDE
Genocide characteristics
Humanitarian intervention
Ignorance of genocide
3. THE INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA (ICTR)
Creation of ICTR
Landmark Cases of the International Criminal Tribunal for Rwanda
4. LEGAL, FINANCIAL AND POLITICAL ASPECTS
Evaluation of ICTR
Analytical framework
4.1. LEGAL ASPECT
Significant contribution: law of genocide and international criminal justice (achievement)
Procedural novelty (achievement)
Extension of legal concepts: universal liability, genocide, rape (achievement)
Internal misconduct and administrative proficiency (shortcoming)
Procedural justice. Role of victims. Definition of victim (shortcoming)
Length of trials. Procedural effectiveness (shortcoming)
4.2. FINANCIAL ASPECT
High costs rather than investing in social programs (shortcoming)
4.3. POLITICAL ASPECT
Establishing historical record (achievement)
National reconciliation and maintenance of peace as an aim (achievement)
Need for reconciliation of witnesses is not achieved (shortcoming)
CONCLUSION
Achievements and shortcomings
Suggestions
TABLE 1
Evaluation and suggestions (legal, financial, political aspect)
Research Objectives and Themes
This paper evaluates the effectiveness and achievements of the International Criminal Tribunal for Rwanda (ICTR) in accordance with the aims established by UN Resolution 955. It examines whether the tribunal successfully enforced legal accountability, halted violations, provided fair trials, and contributed to national reconciliation and the maintenance of peace.
- Legal contribution to genocide law and international criminal justice.
- Procedural challenges and administrative efficacy of the tribunal.
- Financial costs versus potential investment in social reconstruction programs.
- The impact of the ICTR on peace and reconciliation processes in Rwanda.
- The role and protection of victims and witnesses within the tribunal system.
Excerpt from the Book
Internal misconduct and administrative proficiency (shortcoming)
The court has been plagued by difficulties since its inception, most notably mismanagement, underfunding, corruption, internal politics and racial tensions between western prosecutors and African tribunal managers.
These have called negative feedbacks from Rwandans and in 1996, André Sibomana, a seasoned Rwandan human-rights activist, journalist, and Catholic priest, gave a rough conclusion that “ICTR's main effect had been to enable the international community, or rather the countries within it, to save face and give the impression to the public that the crime they watched without intervening would not go unpunished. Quote: “I have met some of the ICTR officials; I am amazed by their incompetence. They are very intelligent people, but completely incapable of carrying out research. They don't speak Kinyarwanda—which is understandable—but nor do they know how to employ competent interpreters. They are incapable of approaching those who lived through the genocide. They don't ask the right questions. People are offended by their attitudes and their discourse. Rwandans had invested great hope in the ICTR. They are very disappointed.”
“Witnesses have been threatened and killed after testifying, other have been dying of lack of HIV treatment”.
So we see that the general underestimation derives from the internal misconduct. The Court itself does catch public attention, but it is for the wrong reasons. For instance, when three judges laughed as a woman gave lengthy testimony about being raped. The judges later said they were laughing at the defence lawyer's questions, not the victim. But this kind of lack of proficiency leads to mistrust and lack of confidence of the genocide survivors' in the court. Witnesses have threatened to boycott the Tribunal.
Summary of Chapters
1. INTRODUCTION: Outlines the historical context of the Rwandan genocide, the demographic impacts, and the subsequent humanitarian and political crisis in the Great Lakes region.
2. ANALYSIS OF GENOCIDE: Explores the characteristics of the genocide and evaluates the international community's response, specifically the failures of humanitarian intervention and the delayed reaction to warnings.
3. THE INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA (ICTR): Provides an overview of the ICTR's establishment via UN Resolution 955 and highlights landmark legal cases such as Akayesu and Kambanda.
4. LEGAL, FINANCIAL AND POLITICAL ASPECTS: Conducts an interdisciplinary assessment of the tribunal's work, critiquing its legal contributions, procedural hurdles, high operational costs, and political failures regarding reconciliation.
CONCLUSION: Synthesizes the findings, noting that while the ICTR made significant legal contributions, it fell short of its broader social and political goals regarding peace and victim support.
Keywords
ICTR, Rwanda, Genocide, International Criminal Law, Humanitarian Intervention, Procedural Justice, Reconciliation, Victims, Witnesses, UN Resolution 955, Accountability, Legal Reform, Human Rights, Peacebuilding, Judicial Efficiency.
Frequently Asked Questions
What is the core focus of this research paper?
The paper assesses the achievements and shortcomings of the International Criminal Tribunal for Rwanda (ICTR) based on the objectives set out in UN Resolution 955.
What are the primary themes analyzed in the work?
The analysis centers on the legal, financial, and political aspects of the tribunal, including its contributions to jurisprudence, its administrative conduct, and its impact on Rwandan society.
What is the ultimate research goal of the author?
The goal is to determine if the ICTR successfully fulfilled its mandate to provide justice, halt criminal violations, and contribute to national reconciliation and the maintenance of peace.
Which scientific approach does the author employ?
The author uses an interdisciplinary analytical framework, examining the tribunal through legal, financial, and political lenses to assess both quantitative and qualitative outcomes.
What is covered in the main body of the paper?
The main body evaluates specific legal achievements, procedural novelties, administrative failures, the financial burden of the tribunal, and the political disconnect between the ICTR and the local Rwandan population.
Which key terms best describe this publication?
Key terms include ICTR, genocide, international criminal law, reconciliation, procedural justice, and witness protection.
How does the author characterize the financial impact of the ICTR?
The author argues that the ICTR incurred high costs that could have been better utilized for social programs, education, and re-education within Rwanda.
What specific criticism does the author raise regarding witness protection?
The author highlights severe shortcomings in witness protection, noting that witnesses were left vulnerable to harassment, assassination, and a lack of necessary medical and psychological support.
- Citation du texte
- Karina Oborune (Auteur), 2009, Achievements and shortcomings of international criminal tribunal for Rwanda, Munich, GRIN Verlag, https://www.grin.com/document/160068
