Achievments and Shortcomings of Internationa... / ID: 703763

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Идентификатор:703763

Автор: anonims (106)

Оценка:

Опубликованно: 02.12.2010.

Язык: Английский

Уровень: Университет

Литературный список: 31 единиц

Ссылки: Использованы

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Содержание

Nr.	Название главы	Стр.
	ABSTRACT	3
	Aim of paper	3
	Hypotheses	3
	Analytical framework	3
	Main conclusions	3
1.	INTRODUCTION	5
2.	ANALYSIS OF GENOCIDE	6
	Genocide characteristics	6
	Humanitarian intervention	6
	Ignorance of genocide	7
3.	THE INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA (ICTR)	8
	Creation of ICTR	8
	Landmark Cases of the International Criminal Tribunal for Rwanda	8
4.	LEGAL, FINANCIAL AND POLITICAL ASPECTS	10
	Evaluation of ICTR	10
	Analytical framework	10
4.1.	LEGAL ASPECT	11
	Significant contribution: law of genocide and international criminal justice (achievement)	11
	Procedural novelty (achievement)	11
	Extension of legal concepts: universal liability, genocide, rape (achievement)	12
	Internal misconduct and administrative proficiency (shortcoming)	12
	Procedural justice. Role of victims. Definition of victim (shortcoming)	13
	Length of trials. Procedural effectiveness (shortcoming)	14
4.2.	FINANCIAL ASPECT	15
	High costs rather than investing in social programs (shortcoming)	15
4.3.	POLITICAL ASPECT	16
	Establishing historical record (achievement)	16
	National reconciliation and maintenance of peace as an aim (achievement)	16
	Need for reconciliation of witnesses is not achieved (shortcoming)	16
	Brouwer de, Anne-Marie (2007): “Sexual Violence against Women during the Genocide in Rwanda and its Aftermath”. http://www.solacem.org/pdf_docs/sexual_violence_of_genocide.pdf, [10.05.2009]	26
	CONCLUSION	18
	Achievements and shortcomings	18
	Suggestions	19
	TABLE 1	20
	Evaluation and suggestions (legal, financial, political aspect)	20
	BIBLIOGRAPHY	21
	ENDNOTES	23

Фрагмент работы

Population of Rwanda consists of three ethnic groups: Hutus (88%), Tutsis (11%), and Twa pygmies (1%). There are different resources that say how many people died during three month period of the genocide in 1994. Some of them estimate 500 000, another 800 000. However, there is also data more than 1 million people killed. In this paper last data been used. The Rwanda Patriotic Front (led by Tutsi) was victorious and formed a new government. Many refugees (mostly Hutus) moved to neighboring Zaire (approximately 2 million), Tanzania (approximately 480 000), Burundi (approximately 200 000) and Uganda (approximately 10 000). These refugees have concentrated in huge numbers at places with no sanitation, polluted water and less food. These factors have caused great suffering and mass death.i
No other conflict in Africa was so violent in such a short period, in which a million people were massacred. From April to July 1994, extremist political groups organized the massacre not only against the minority Tutsi ethnic group, but also against those from the Hutu majority who were counter the killings or had been active in the pro-democracy movement. The carnage ended when rebel forces of the Rwanda Patriotic Front (hereinafter - RPF) vanquished the genocidal government. Rwanda genocide had significant impact on neighboring regions (Burundi and the Democratic Republic of Congo): it created political instability and humanitarian crises throughout the Great Lakes region.

In a record of one hundred days characterized with anarchy, Rwanda lost people as a result of ethnic conflicts between the two main ethnic groups of majority Hutu and minority Tutsi. The 1994 tragedy was indeed the climax of a long established political system that was bent on ethnic divisions and political manipulation and suppression of the minority few.
The Rwandan catastrophe was planned for a long period of time. The army (Forces Armee du Rwanda) and Interahamwe militia group went into action, on a destructive behavior of killing, misery, rape, marauding and total destruction. The genocide was characterized by massive destruction of social fabric and physical infrastructure.…

Коментарий автора

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).

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