scholarly journals ‘Justice seen is Justice done?’ - Assessing the Impact of Outreach Activities by the International Criminal Tribunal for Rwanda (ICTR)

2015 ◽  
Vol 21 (74) ◽  
pp. 63-93
Author(s):  
Philipp Schulz
Keyword(s):  
International Criminal ◽  
National Level ◽  
International Criminal Tribunal ◽  
Field Research ◽  
Theoretical Argument ◽  
Group Discussions ◽  
International Criminal Tribunals ◽  
Research Findings ◽  
And Control ◽  
The Impact

Abstract By referring to the International Criminal Tribunal for Rwanda (ICTR) as a case study, this paper seeks to explore the impact of outreach activities by international criminal tribunals. Building upon primary field research findings, including twenty-seven in-depth interviews and focus group discussions with 108 respondents, this paper applies a theory-driven investigation of the impact of outreach activities by the ICTR. Contrary to the theoretical argument, on a national level throughout society over time, outreach activities by the ICTR did neither increase awareness and understanding, nor shape positive perceptions towards the Tribunal and its expected contribution to reconciliation. Furthermore, a comparison of groups of outreach participants and control groups shows that outreach did increase the level of knowledge among beneficiaries of such activities. An increased understanding, however, cannot be correlated with more positive perceptions towards the Tribunal or its role in promoting reconciliation.

Local Ownership of the International Criminal Tribunal for Rwanda: Restorative and Retributive Effects

2012 ◽  
Vol 12 (3) ◽  
pp. 427-456 ◽  
Author(s):  
Matthew Saul
Keyword(s):  
Ad Hoc ◽  
International Criminal ◽  
Negative Impact ◽  
International Criminal Tribunal ◽  
Local Ownership ◽  
International Criminal Tribunals ◽  
Central Argument ◽  
The Impact ◽  
Local Input

This article identifies and explores the approach taken by the UN Security Council to local ownership of the establishment of the International Criminal Tribunal for Rwanda (ICTR). In so doing, the article seeks to contribute toward a comprehensive understanding of the role of the ICTR in transitional Rwanda, as well as to identify lessons for the initiation of ad hoc international criminal tribunals in the future. The perspective that is adopted is centred on considerations of restoration, but attention is also given to the impact of the approach taken to the establishment of the ICTR on the delivery of retribution. A central argument is that the possibility of including a broad range of local input during the establishment of an international criminal tribunal should be taken seriously, as this represents a useful opportunity to enhance the legitimacy of a tribunal and its outcomes. However, it is also contended that any attempt at fostering a sense of local ownership during the establishment of an international criminal tribunal should be tailored to suit the context, in order to reduce the scope for it to have a negative impact on the overall effectiveness of a tribunal.

Criminal Tribunals

2010 ◽  
Author(s):  
Aaron Fichtelberg
Keyword(s):  
International Law ◽  
International Politics ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Post Cold War ◽  
International Criminal Tribunals ◽  
Military Tribunal ◽  
International Tribunals ◽  
Heads Of State ◽  
The Impact

One the most dramatic development in international law in the 20th century was the formation of international criminal tribunals. Unlike conventional international tribunals, such as the International Court of Justice and the Permanent Court of Arbitration, international criminal tribunals—such as the International Criminal Tribunal for the Former Yugoslavia, the International Criminal Tribunal for Rwanda, and the International Military Tribunal at Nuremberg—are a controversial element of international law and international politics. Precisely because they are aimed at individuals who act under color of law, such as military officials or heads of state, they invoke a number of political challenges. Their combination of international law, human rights, criminal justice, and hotly disputed facts of great moral gravity makes them a subject of intense debate among academics, government officials, and the public at large. Much of the scholarship on international tribunals can be summed up by three periods: pre-Nuremberg, Nuremberg, and post-Cold War developments. Each period reveals shifts in the way that international criminal tribunals were studied and conceptualized in the academic world. In the future, much of the scholarship on international tribunals is expected to be influenced by the impact that the actual tribunals themselves have on international politics.

How International Courts Shape Domestic Justice: Lessons from Rwanda and Sierra Leone

2013 ◽  
Vol 46 (3) ◽  
pp. 339-367 ◽  
Author(s):  
Sigall Horovitz
Keyword(s):  
Sierra Leone ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Criminal Court ◽  
International Criminal Tribunals ◽  
Judicial Proceedings ◽  
International Tribunals ◽  
Justice Systems ◽  
The Impact ◽  
Do So

The International Criminal Tribunal for Rwanda (ICTR) and the Special Court for Sierra Leone (SCSL) were created to deliver accountability for the atrocities committed during Rwanda's genocide of 1994 and Sierra Leone's civil war of the 1990s. The capacity of these courts, however, like other international criminal tribunals, is limited in terms of the number of persons they can prosecute. If most perpetrators evade justice, the ability of international tribunals to deliver accountability may be seriously undermined. To mitigate this risk, national justice systems should deal with the perpetrators who are not addressed by international tribunals. When national systems do not do so (or fail to do so effectively), international tribunals are well placed to encourage (or improve) national atrocity-related judicial proceedings, thereby increasing their chances of delivering accountability.This article assesses empirically the impact of the ICTR and SCSL on national atrocity-related judicial proceedings in their target countries, thus contributing to an overall assessment of these tribunals. The article also compares the national impact of the ‘pure international’ ICTR to that of the ‘hybrid’ SCSL and tries to identify features that affect the national impact of an international tribunal. Understanding the interactions between international and national justice systems, and the features that affect the national impact of international tribunals, is particularly important given the shift to ‘positive complementarity’ at the International Criminal Court.

Promises of Peace and Reconciliation: Previewing the Legacy of the International Criminal Tribunal for Rwanda

2006 ◽  
Vol 14 (4) ◽  
pp. 485-498 ◽  
Author(s):  
ROSEMARY BYRNE
Keyword(s):  
Ad Hoc ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
World Order ◽  
War Crimes ◽  
International Justice ◽  
International Criminal Tribunals ◽  
Post Conflict ◽  
The Impact ◽  
Peace And Reconciliation

Predictions of the legacies of the ad hoc International Criminal Tribunals reflect far greater expectations for the impact of justice than earlier historical war crimes prosecutions. The most ambitious of these is the promise of peace and reconciliation. Its formal inclusion in the Security Council's mandate for the International Criminal Tribunal for Rwanda converged with a modern discourse on war crimes prosecutions that infuses the ideals of Nuremberg with the revolutionary aspirations of the human rights movement in a new world order. Contemporary trends invest international justice with powerful assumptions about its capacity to transform post-conflict societies, as is reflected in the Tribunal's own presentation of its role for the future of Rwanda. Alongside the general assumptions regarding the political powers of international justice, are contesting perspectives that make specific allegations of the effects of its failings. Neither rigorously address causality, highlighting the absence of empirical research on international prosecutions and their impact on national communities. It is argued that ambitious expectations have generated ambiguous-and unrealistic- benchmarks for effectively assessing the record of a nascent international justice system. Viable benchmarks are necessary to ground external expectations, and to strengthen and focus institutional performance. To achieve this, expectations should adjust to the modest realities of delivering international justice.

scholarly journals The Impact of the ICTY on the Former Yugoslavia: An Anticipatory Postmortem

2016 ◽  
Vol 110 (2) ◽  
pp. 233-259 ◽  
Author(s):  
Marko Milanović
Keyword(s):  
International Criminal ◽  
International Criminal Tribunal ◽  
Former Yugoslavia ◽  
International Criminal Tribunals ◽  
The Impact

A strange thing about the International Criminal Tribunal for the Former Yugoslavia (ICTY) is that for most of its life, it has thought about its death. The Tribunal, of course, kept getting a reprieve. But today it seems more likely than not that the ICTY will indeed close down sometime in 2017, after the conclusion of the two cases it currently has at trial. Yet even after its closure, the ICTY will continue in a sort of un-death, through the unfortunately named Mechanism for International Criminal Tribunals, which will complete retrial and appellate proceedings in the cases currently tried before the ICTY.

Social capital and national innovation system: a cross-country analysis

2014 ◽  
Vol 21 (4) ◽  
pp. 453-475 ◽  
Author(s):  
Sepehr Ghazinoory ◽  
Ali Bitaab ◽  
Ardeshir Lohrasbi
Keyword(s):  
Social Capital ◽  
National Level ◽  
Innovation System ◽  
Negative Effects ◽  
Content Type ◽  
Research Findings ◽  
Different Dimensions ◽  
The Impact ◽  
Positive Effect

Purpose – In the last two decades, researchers have paid much attention to the role of cultural values on economic and social development. In particular, the crucial role of different aspects of culture on the development of innovation has been stressed in the literature. Consequently, it is vital to understand how social capital, as a core cultural value, affects the innovation process and the innovative performance at the national level. However, to date, the impact of different dimensions of social capital and innovation has not been properly portrayed or explained. Thus, the purpose of this paper is to investigate the influence of four different dimensions of social capital (institutional and interpersonal, associational life and norms) on two of the main functions of national innovation system (NIS) (entrepreneurship and knowledge creation) based on over 50,000 observations in 34 countries. Design/methodology/approach – In this regard, national-level data from the World Values Survey database was employed to quantify social capital. Entrepreneurship is, in turn, assumed to consist of three sub-indexes and 14 indicators based on the Global Entrepreneurship Index. Knowledge creation is also measured through US Patent Office applications. Also, exploratory factor analysis and structural equation modeling approach were used to build the measurement model and investigate the impact that each factor of social capital had on entrepreneurship and knowledge application, respectively. Measurement and structural models were built and their reliability and validity were tested using various fit indices. Research findings suggest the strong positive effect of institutional trust and networking on entrepreneurship. Also, interpersonal trust and networks were shown to have high influence on knowledge development at the national level. Norms appear to have naïve to medium negative effects on both functions. Findings – Research findings suggest the strong positive effect of institutional trust and networking on entrepreneurship. Also, interpersonal trust and networks were shown to have high influence on knowledge development at the national level. Norms appear to have naïve to medium negative effects on both functions. Originality/value – However, to date, the impact of different dimensions of social capital and innovation has not been properly portrayed or explained.

Improving the Operation and Functioning of the International Criminal Tribunals

2000 ◽  
Vol 94 (4) ◽  
pp. 759-773 ◽  
Author(s):  
Daryl A. Mundis
Keyword(s):  
United Nations ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Secretary General ◽  
General Assembly ◽  
Expert Group ◽  
International Criminal Tribunals ◽  
International Tribunals ◽  
The United Nations

Since the establishment of the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda, both International Tribunals have grown tremendously in terms of resources. Despite this growth, the International Tribunals have rendered judgments in only fifteen cases and conducted inordinately long trials—a fault for which, perhaps more than any other, they can be justly criticized. The Secretary- General of the United Nations recently appointed an expert group to review the efficiency of the operation of the International Tribunals and make recommendations for improvement. Following the release of the group's report, the General Assembly requested that the Secretary-General obtain comments from the International Tribunals on the experts’ recommendations. The ICTYjudges, for their part, considered these recommendations in a report to the United Nations setting forth a long-term strategy for improving the operation of the Tribunal.

The Burden of Bearing Witness: The Impact of Testifying at War Crimes Tribunals

2017 ◽  
Vol 63 (2) ◽  
pp. 348-372 ◽  
Author(s):  
Kimi King ◽  
James Meernik
Keyword(s):  
International Criminal ◽  
Theoretical Perspective ◽  
International Criminal Tribunal ◽  
Mass Violence ◽  
Bearing Witness ◽  
Post Conflict ◽  
Adverse Experiences ◽  
The Face ◽  
War Crimes Tribunals ◽  
The Impact

Intersections exist regarding how institutions and individuals respond in the wake of mass violence, and we explore one theoretical perspective: resilience—the ability to overcome in the face of adversity. By controlling for the institutional context, we analyze the microlevel impact of testifying on witnesses who testify. New survey data provide information from 300 prosecution, defence, and Chambers witnesses who appeared at the International Criminal Tribunal for the Former Yugoslavia. We test propositions about resilience related to trauma, motivations, contributions to justice, fair treatment, witness fatigue, and human security. Witnesses who experienced greater trauma, who were more highly motivated, who believed they contributed to justice, and who were satisfied with their current situation were more positive about testifying. Those who believed they were treated fairly by prosecution and defence were less negative. The findings add to the debate about the burden of bearing witness in post-conflict societies and why some overcome adverse experiences related to mass violence.

scholarly journals Islam in Nigeria

1988 ◽  
Vol 5 (1) ◽  
pp. 161-162
Author(s):  
Dennis Michael Warren
Keyword(s):  
National Level ◽  
Field Research ◽  
Northern Nigeria ◽  
Christian Missions ◽  
British Imperialism ◽  
Secondary Sources ◽  
Legal Studies ◽  
Introductory Overview ◽  
The University ◽  
The Impact

Islam in Nigeria is the product of A. R. I. Doi's twenty years of research on the spread and development of Islam in Nigeria. Professor Doi, currently the director of the Centre for Islamic Legal Studies at Ahmadu Bello University in Zaria, has also taught at the University of Nigeria at Nsukka and the University of lfe. His lengthy tenure in the different major geographical zones of Nigeria is reflected in the book. The twenty-one chapters begin with a general introductory overview of the spread of Islam in West Africa. Part I is devoted to the impact of Islam in the Northern States of Nigeria, Part II deals with the more recent spread of Islam into the Southern Nigerian States and Part III explicates a wide variety of issues germane to the understanding of Islam at the national level. The book is comprehensive, thoroughly researched, and is based on analyses of secondary sources as well as primary field research conducted in all parts of Nigeria. The book has nine maps, seventy-three photographs, detailed notes at the end of each chapter, a bibliography and an index. Professor Doi traces the spread of Islam through North Africa into the Ancient Empires of Ghana, Mali and Songhai. As Islam moved into the Northern part of Nigeria, it had a dramatic impact on the seven Hausa states and on the Fulani peoples who carried out the jihad under Shehu Utham Dan Fodio and the Fulani Sultans of Sokoto. A link was established between the Umawz Arabs and the Kanem-Bornu State. Islam also influenced the Nupe and Ebirra peoples. With the arrival of the Royal Niger Company, British Imperialism and Christian missions began to move into Northern Nigeria about 1302 AH/1885 AC. The impact of colonialism and Christianity upon Islam in Northern Nigeria is analyzed by Dr. Doi. Of particular interest is the analysis of syncretism between Islam and the indigenous cultures and religions of Northern Nigeria. The Boori Cult and the belief in al-Jinni are described. The life cycle of the Hausa-Fulani Muslims includes descriptions of the ceremonies conducted at childbirth, the naming of a new child, engagement, marriage, divorce, and death. Non-Islamic beliefs which continue to persist among Muslims in Northern Nigeria are identified ...

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