scholarly journals Sexual Violence as an Afterthought: Securing Justice for Sexual Violence Victims in the International Criminal Tribunal for Rwanda

2021 ◽  
Author(s):  
◽  
Kellie-Sue Hoy
Keyword(s):  
Sexual Violence ◽  
Ad Hoc ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Institutional Culture ◽  
Tripartite Model ◽  
Rwandan Genocide ◽  
Judicial Proceedings ◽  
Women And Girls ◽  
The Voice

<p>Using Nancy Fraser’s (2007a) tripartite model of justice as a theoretical backdrop, this thesis critically evaluates the United Nation’s (UN) International Criminal Tribunal for Rwanda (ICTR), in relation to how this Tribunal has both secured and limited opportunities to ’do’ justice for sexual violence (SV) victims. This thesis applies a gendered approach to Fraser’s model, and considers how justice has been secured by women, based on principles of recognition, redistribution and representation. Using documentary methods, the thesis analyses ICTR cases concerning SV, to determine how this Tribunal has responded to SV committed against women and girls throughout the Rwandan genocide. This thesis demonstrates that, while the Tribunal has secured some level of justice for SV victims by successfully indicting, prosecuting and punishing some individuals responsible for SV, these crimes have been constructed and responded to in ad hoc and skewed ways. The analysis shows that crimes of SV, as well as its victims, are underrepresented in the ICTR. It also demonstrates that where SV has been addressed, the institutional culture and framework of this Tribunal has marginalised the voice of women, and allowed for discriminatory and insensitive court practices to permeate judicial proceedings. SV victims, who continue to struggle with redistributive injustices, have been negatively impacted by these ICTR practices</p>

scholarly journals Sexual Violence as an Afterthought: Securing Justice for Sexual Violence Victims in the International Criminal Tribunal for Rwanda

2021 ◽  
Author(s):  
◽  
Kellie-Sue Hoy
Keyword(s):  
Sexual Violence ◽  
Ad Hoc ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Institutional Culture ◽  
Tripartite Model ◽  
Rwandan Genocide ◽  
Judicial Proceedings ◽  
Women And Girls ◽  
The Voice

<p>Using Nancy Fraser’s (2007a) tripartite model of justice as a theoretical backdrop, this thesis critically evaluates the United Nation’s (UN) International Criminal Tribunal for Rwanda (ICTR), in relation to how this Tribunal has both secured and limited opportunities to ’do’ justice for sexual violence (SV) victims. This thesis applies a gendered approach to Fraser’s model, and considers how justice has been secured by women, based on principles of recognition, redistribution and representation. Using documentary methods, the thesis analyses ICTR cases concerning SV, to determine how this Tribunal has responded to SV committed against women and girls throughout the Rwandan genocide. This thesis demonstrates that, while the Tribunal has secured some level of justice for SV victims by successfully indicting, prosecuting and punishing some individuals responsible for SV, these crimes have been constructed and responded to in ad hoc and skewed ways. The analysis shows that crimes of SV, as well as its victims, are underrepresented in the ICTR. It also demonstrates that where SV has been addressed, the institutional culture and framework of this Tribunal has marginalised the voice of women, and allowed for discriminatory and insensitive court practices to permeate judicial proceedings. SV victims, who continue to struggle with redistributive injustices, have been negatively impacted by these ICTR practices</p>

scholarly journals Gender Justice Beyond the Tribunals: From Criminal Accountability to Transformative Justice

AJIL Unbound ◽  
2016 ◽  
Vol 110 ◽  
pp. 227-233
Author(s):  
Kirsten Campbell
Keyword(s):  
Criminal Justice ◽  
Sexual Violence ◽  
Ad Hoc ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Gender Justice ◽  
International Criminal Justice ◽  
Transformative Justice ◽  
International Criminal Tribunals ◽  
Gender Based

What are the legacies for gender justice of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR)? Darryl Robinson and Gillian MacNeil in this symposium describe the modernization of the law on sexual violence as a key legacy of the ad hoc international criminal tribunals. However, this characterization does not capture the wider challenges that gender based crimes have raised for the Tribunals, including other legacies of gendered hierarchiesand inequalities.How, then, is it possible to move past these issues to build international criminal justice so that it transforms, rather than reproduces, gendered injustices?

Applying International Experiences in National Prosecutions of Conflict-related Sexual Violence

2020 ◽  
Vol 18 (2) ◽  
pp. 325-348
Author(s):  
Jasenka Ferizović ◽  
Gorana Mlinarević
Keyword(s):  
Sexual Violence ◽  
Bosnia And Herzegovina ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Case Law ◽  
Former Yugoslavia ◽  
International Experiences ◽  
Judicial Proceedings

Abstract This article explores the synergies between international and national experiences in prosecutions of conflict-related sexual violence (CRSV) through a case study of the application of international case law, findings, and practices in national judicial proceedings in Bosnia and Herzegovina (BiH). The article analyses how the Court of BiH applies the substantive and procedural case law of the International Criminal Tribunal for the former Yugoslavia (ICTY) in CRSV cases and examines how this case law impacts national efforts to provide justice and accountability for CRSV. Specifically, this article explores the Court’s practices concerning application of the ICTY jurisprudence, adjudicated facts and procedural standards in CRSV cases. The article shows how relationships between international and national practices are important for building more effective prosecutions of CRSV.

Individual Criminal Responsibility before the International Criminal Court

2012 ◽  
Vol 12 (1) ◽  
pp. 1-70 ◽  
Author(s):  
Barbara Goy
Keyword(s):  
International Law ◽  
International Criminal Court ◽  
Ad Hoc ◽  
International Criminal ◽  
Criminal Responsibility ◽  
International Criminal Tribunal ◽  
Case Law ◽  
Criminal Court ◽  
Former Yugoslavia ◽  
Individual Criminal Responsibility

For more than 15 years the two ad hoc Tribunals, the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR), have interpreted the requirements of different forms of individual criminal responsibility. It is thus helpful to look at whether and to what extent the jurisprudence of the ICTY/ICTR may provide guidance to the International Criminal Court (ICC). To this end, this article compares the requirements of individual criminal responsibility at the ICTY/ICTR and the ICC. The article concludes that, applied with caution, the jurisprudence of the ICTY/ICTR – as an expression of international law – can assist in interpreting the modes of liability under the ICC Statute. ICTY/ICTR case law seems to be most helpful with regard to accessorial forms of liability, in particular their objective elements. Moreover, it may assist in interpreting the subjective requirements set out in Article 30 ICC Statute.

scholarly journals Ending Impunity: The Case for War Crimes Trials in Liberia

2005 ◽  
Vol 1 (2) ◽  
pp. 53-80 ◽  
Author(s):  
Alhagi Marong ◽  
Chernor Jalloh
Keyword(s):  
Human Rights ◽  
Due Process ◽  
Ad Hoc ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Charles Taylor ◽  
Criminal Court ◽  
Human Rights Law ◽  
Sierra Leonean ◽  
Post Conflict

AbstractThis article argues that Liberia owes a duty under both international humanitarian and human rights law to investigate and prosecute the heinous crimes, including torture, rape and extra-judicial killings of innocent civilians, committed in that country by the warring parties in the course of fourteen years of brutal conflict. Assuming that Liberia owes a duty to punish the grave crimes committed on its territory, the article then evaluates the options for prosecution, starting with the possible use of Liberian courts. The authors argue that Liberian courts are unable, even if willing, to render credible justice that protects the due process rights of the accused given the collapse of legal institutions and the paucity of financial, human and material resources in post-conflict Liberia. The authors then examine the possibility of using international accountability mechanisms, including the International Criminal Court, an ad hoc international criminal tribunal as well as a hybrid court for Liberia. For various legal and political reasons, the authors conclude that all of these options are not viable. As an alternative, they suggest that because the Special Court for Sierra Leone has already started the accountability process for Liberia with the indictment of Charles Taylor in 2003, and given the close links between the Liberian and Sierra Leonean conflicts, the Special Court would be a more appropriate forum for international prosecutions of those who perpetrated gross humanitarian and human rights law violations in Liberia.

scholarly journals Przedterminowe zwolnienie z kary pozbawienia wolności skazanych za ludobójstwo, zbrodnie przeciwko ludzkości i wojenne na mocy orzeczeń międzynarodowych trybunałów karnych „ad hoc” oraz ich sukcesora w postaci Mechanizmu Rezydualnego ONZ

2021 ◽  
Vol 43 (3) ◽  
pp. 209-226
Author(s):  
Małgorzata Szwejkowska
Keyword(s):  
Ad Hoc ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
War Crimes ◽  
Armed Conflicts ◽  
Former Yugoslavia ◽  
Crimes Against Humanity ◽  
Early Release ◽  
International Crimes ◽  
Domestic Law

In the last decade of the 20th century, a war in the former Yugoslavia broke out, once again making Europe a witness to an armed conflict. Almost at the same time, another local ethnic bloodshed started, but this time in distant Africa — in Rwanda. Both these events included the most horrifying international crimes against humanity: genocide and war crimes. To prosecute the most important commanding figures involved in these conflicts and hold them criminally responsible, two ad hoc United Nations tribunals were created: International Criminal Tribunal for the former Yugoslavia in Hague and International Criminal Tribunal for Rwanda in Arusha. They finished their operation in 2017 and 2015, respectively. The tasks of conducting and completing all ongoing proceedings, including law enforcement, after the completion of their mandates have been entrusted to the UN International Residual Mechanism. One of the crucial assignments of the tribunals and later the Redisual Mechanism was to deal with the request on behalf of the convicted for granting them early release. Although none of the statutes of the aforementioned courts provided any ground for early release, soon it was accepted that both tribunals, as well as their successor, were entitled to proceed despite this issue. As soon as in 2001, the first convict was granted early release, but with no conditions. It is estimated that, to date, more than 2/3 of all convicted by the Tribunals have been released before the termination of their sentence. This should raise the question of how to rehabilitate that kind of offender, convicted of genocide, war crimes, or crimes against humanity, to ensure they do not pose a threat to society anymore. Especially since the offenders serve their punishment outside the country of their origin — meaning, different rules apply according to the domestic law regulation of the state that voluntarily agreed to enforce the sentence. This article analyzes the juridical approach of the tribunals and the Residual Mechanism on the issue of early release of the convicts involved in the armed conflicts in the former Yugoslavia and Rwanda.

scholarly journals Le tribunal pénal international pour le Rwanda - La justice trahie (Note)

2005 ◽  
Vol 27 (4) ◽  
pp. 827-840
Author(s):  
John Philpot
Keyword(s):  
International Law ◽  
Ad Hoc ◽  
International Criminal ◽  
Military Intervention ◽  
International Criminal Tribunal ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Legal Requirements ◽  
Real Issue ◽  
Set Up

On November 8,1994, the Security Council of the United Nations adopted Resolution 955 creating an ad hoc international criminal tribunal to judge individuals responsible for violations of international humanitarian law committed in Rwanda between January 1, 1994 and December 31, 1994. In its form and structure, the Tribunal does not respect basic legal requirements required of a tribunal set up in international law. Us mandate - limited in time, in scope of potential indictment, and in jurisdiction to violations of international humanitarian law - mil prevent any light from being shed on the real issue raised by the Rwandan conflict, namely that of armed military intervention in Rwanda from Uganda. It will likely lead to the reinforcement of a one-sided view of the crisis in Rwanda and legitimate further unilateral interventionist policies in Africa and elsewhere. The Tribunal will institutionalize the de facto impunity for the members and supporters of the present government of Rwanda who undoubtedly committed many serious crimes between October 1, 1990 and the present.

The ICTY is Dead! Long Live the ICTY!

2020 ◽  
pp. 71-82
Author(s):  
Carsten Stahn
Keyword(s):  
Criminal Justice ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Institutional Culture ◽  
Former Yugoslavia ◽  
International Criminal Justice ◽  
International Criminal Tribunals ◽  
History Of ◽  
The Many

The chapter sets the International Criminal Tribunal for the former Yugoslavia (ICTY) legacies into a broader context of international criminal justice. It presents different approaches towards the many legacies of the ICTY. The chapter engages with the several phases that the Tribunal has passed, discussing their positive and negative points. It then examines the normative legacy of the ICTY, arguing that, although some gaps exist, the overall record of the ICTY is marked with several normative innovations. The chapter then visits the procedural legacy of the ICTY, in the sense of how the Tribunal made justice heard and seen. Lastly, the chapter discusses the institutional culture of the ICTY and its legacy to other international criminal tribunals. With this analysis, the chapter claims that the ICTY legacies are living beings, which will continue to be transformed throughout the history of international criminal justice.

The Last Testament of the ICTY

2020 ◽  
pp. 15-30
Author(s):  
Carmel Agius
Keyword(s):  
Sexual Violence ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
New Era ◽  
Gender Parity ◽  
Unique Nature ◽  
And Gender ◽  
Successes And Challenges ◽  
Domestic Level

This chapter presents reflections of Judge Agius, the last president of the International Criminal Tribunal for the former Yugoslavia (ICTY), on the experiences of the tribunal and its legacies. It discusses the emergence and unique nature of the tribunal, including its impact on other international criminal institutions. This contribution discusses the specific areas of legacy of the Tribunal, the role of different agents (judges, prosecutors, defence counsels, legal officers, and staff) and the ICTY’s larger contribution to a new era of accountability. The chapter weighs the successes and challenges of the ICTY, such as bringing perpetrators of sexual violence during conflict to justice; the protection of witnesses and victims before the ICTY; the importance of Outreach; and gender parity inside the Tribunal work. The chapter argues that the ICTY overall legacy is positive. However, much remains to be done, within and beyond the IRMCT, to encourage cooperation and genuine investigations and prosecutions at the domestic level.

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