Relevant bibliographies by topics / Reparation (Criminal justice) Rwanda

Academic literature on the topic 'Reparation (Criminal justice) Rwanda'

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Published: 10 December 2022
Last updated: 30 January 2023

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Journal articles on the topic "Reparation (Criminal justice) Rwanda"

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DE BROUWER, ANNE-MARIE. "Reparation to Victims of Sexual Violence: Possibilities at the International Criminal Court and at the Trust Fund for Victims and Their Families." Leiden Journal of International Law 20, no. 1 (March 2007): 207–37. http://dx.doi.org/10.1017/s0922156506003979.

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In this contribution the reparation possibilities for victims of sexual violence at the Inter-national Criminal Court and at the Trust Fund for Victims and their families are explored. This is done by explaining first of all why victims of sexual violence – and especially women – are in urgent need of reparation during and after conflict, with a special focus on the situation of female survivors of sexual violence in Rwanda. The reparation possibilities for victims of sexual violence at the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda are subsequently discussed, followed by a similar discussion with regard to the ICC. Questions such as the nature of the best forms of reparation for victims of sexual violence and at what point they are made are also dealt with. Although the ICC reparations regime offers in theory a good means of providing restorative justice to victims of sexual violence, it is important that the special concerns and needs of such victims are not easily overlooked by the Court and that swift action is taken by the Trust Fund for Victims and their families to address their plight.
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Mendy, Ousu. "APPRAISAL OF INTERNATIONAL CRIMINAL COURTS: LESSONS FOR THE GAMBIA ON JAMMEH’S ALLEGED CRIMES." Justitia et Pax 38, no. 2 (December 9, 2022): 1–31. http://dx.doi.org/10.24002/jep.v38i2.6305.

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This research is determined to present an appraisal of International Criminal Tribunal for Rwanda (hereinafter referred to as ICTR) from an international law perspective in their quest to serve justice after the perpetration of the heinous atrocities of genocide in 1994 in Rwanda and other criminal tribunals and courts. It examines the failure of the international community to intervene, the raison d’être of ICTR as the main tribunal in this research and its fate. It focuses on the national mechanisms and the need for The Gambia to achieve justice for victims of the former President, Yahya Jammeh by reflecting on Rwanda. These findings are used to gauge The Gambia’s Truth, Reconciliation and Reparations Commission’s (hereinafter referred to as the TRRC) recommendations and The Gambia’s white paper on Jammeh’s alleged crimes. It examines the violation of human rights, the prospects of this white paper and my perspective on possible mechanisms for social justice, integration and cohesion in The Gambia. This research, therefore, finds out that a hybrid court led by The Gambia and supported by judges in Africa is quite relevant to dealing with these alleged crimes because it is established with the aim of addressing this issue of Jammeh’s alleged human rights violations. This is so when The Gambia liaises with the African Union and the Economic Community of West African States to strengthen this hybrid court by providing this court with judges of outstanding legal acumen in hearing cases of such.
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Garkawe, Sam. "Victims and the International Criminal Court: Three major issues." International Criminal Law Review 3, no. 4 (2003): 345–67. http://dx.doi.org/10.1163/157181203322584350.

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AbstractThe Statute of the permanent International Criminal Court (the "ICC") agreed to in Rome in 1998 contains many provisions that deal with the specific concerns and rights of victims and survivors of the international crimes that the ICC will have jurisdiction over. It consolidates the work of the two ad hoc international criminal Tribunals (the former Yugoslavia and Rwanda) in this area, but also further enhances the role and rights of victims in a number of innovative ways. These three international criminal Tribunals thus collectively represent an important step forward in the recognition of the suffering and the position of victims and survivors of international crimes. This article will examine three main issues in relation to victims and the ICC. First, after identifying the protective measures for victims allowed at the discretion of the international criminal Tribunal for the former Yugoslavia, it will focus on the most controversial measure (which the ICC can also order) - the non-disclosure to the defence of the identity of witnesses. Does this protective measure violate a defendant's right to a fair trial? The Statute of the ICC also allows, for the first time in international criminal justice, for the right of victims to obtain their own legal representation, subject to the discretion of the ICC. The second issue is how is this going to work in practice in light of the fact that international crimes normally involve hundreds, if not thousands or even tens of thousands, of victims? And finally, while the ICC Statute provides for the possibility of reparations to victims, where will the money come from, and thus what are the chances of victims actually being able to receive compensation?
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Drumbl, M. A. "Post-Genocide Justice in Rwanda." Journal of International Peacekeeping 22, no. 1-4 (April 8, 2020): 247–62. http://dx.doi.org/10.1163/18754112-0220104016.

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The Rwandan genocide triggered a vast number of criminal and quasi-criminal prosecutions. Rwanda therefore constitutes an example of a robust and rapid implementation of criminal accountability for atrocity. Rwanda, moreover, departed from other countries – such as South Africa – by eschewing a truth and reconciliation process as part of a transitional justice process. This chapter unpacks three levels of judicialization that promoted criminal responsibility for atrocity in Rwanda: the ICTR, specialized chambers of national courts, and gacaca proceedings. The ICTR indicted roughly 90 individuals, the national courts convicted in the area of 10,000 defendants (with some proceedings remaining ongoing), while approximately one million individuals proceeded through gacaca. The ICTR and gacaca proceedings have been concluded for several years already. This article summarizes these proceedings, discusses the outcomes and assesses their impact. In addition, this article examines how these three layers of judicialization interfaced with each other.
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Walther, Susanne. "Reparation and Criminal Justice: Can they be Integrated?" Israel Law Review 30, no. 3-4 (1996): 316–30. http://dx.doi.org/10.1017/s0021223700015120.

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The role of the victim within the public criminal justice process has traditionally been one of supporting public prosecution. Without the victim's cooperation, police and prosecutors would neither be informed about the occurrence of crimes, nor be able to bring sufficient evidence to secure convictions or extra-judicial settlements. In Germany, for instance, about 90% of all prosecutions are initiated by private complaint.Compared to what the victim gives the state, the state traditionally gives little to the victim. While the victim's procedural position has been strengthened in Germany in recent decades, namely by the expansion of the right to join the prosecution as a collateral complainant, procedural participation alone has not been sufficient to satisfy the victim's need to be made whole. Victimological research indicates that the victim has a profound interest in compensation of damages. However, since according to our traditional understanding, the victim's claims and the State's claims against the offender are inherently different in nature, they ought to be governed by different types of principles and proceedings. Doctrinally, the criminal courts settle the State's conflict with the offender, while the victim's conflict with the offender is a matter for the civil law and the civil courts. Therefore, the legal consequences of crime, it is believed, reflect primarily the needs of the general public and not the “private” interests of the victim (whether defined as to receive: compensation; reparation; satisfaction; vindication).
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Cavadino, Michael, and James Dignan. "Reparation, Retribution and Rights." International Review of Victimology 4, no. 4 (January 1997): 233–53. http://dx.doi.org/10.1177/026975809700400401.

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This article explores the relationship between the idea that offenders should make reparation to their victims and the principle of ‘just deserts’ or strict proportionality between seriousness of offence and severity of punishment. Some have queried whether these notions are compatible with each other, suggesting that there is relatively little scope for reparative measures in a criminal justice system soundly based on the principle of just deserts. We defend the reparative principle, arguing that reparation should play a significant rôle in a criminal justice system based on the human rights of victims as well as offenders. Such a rights-based approach also has an important place for the retributive notion of just deserts, but strict proportionality is rejected in favour of an approach whereby the offender's just deserts set upper and lower limits on the sanctions which may be imposed on the offender. Within these limits there should be scope for both victims and offenders to have a say in the nature, form and amount of reparation which is appropriate.
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Mégret, Frédéric. "The International Criminal Court Statute and the Failure to Mention Symbolic Reparation." International Review of Victimology 16, no. 2 (September 2009): 127–47. http://dx.doi.org/10.1177/026975800901600202.

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The International Criminal Court (ICC)'s reparations regime seems very geared towards material reparation such as restitution, compensation and rehabilitation. However, a growing number of international instruments, particularly in the human rights field, anticipate that more symbolic forms of reparation such as satisfaction and non-repetition are mandatory. The article explores what reasons may have led the ICC drafters to not at least mention symbolic reparation and finds that, apart from a possible trend towards commodification of reparation in general, the perception was probably that only states can grant symbolic reparation, and that ordering individuals to do so might raise human rights problems. None of these arguments are conclusive. Individuals can provide symbolic reparation, and this could be encouraged rather than ordered to avoid the human rights issue. More importantly, the role of the ICC and the Victims Trust Fund will be to use money as reparation, and nothing will prevent them from using awards so made for symbolic purposes. In fact, strong principle and policy arguments militate in favor of granting a larger role to symbolic reparation in the ICC context, thus helping to make the Court into more of an institution of transitional justice.
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Rombouts, Heidy, and Stephan Parmentier. "The International Criminal Court and its Trust Fund are Coming of Age: Towards a Process Approach for the Reparation of Victims." International Review of Victimology 16, no. 2 (September 2009): 149–82. http://dx.doi.org/10.1177/026975800901600203.

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The last decade has witnessed a rapid development in the field of reparation for victims of serious human rights violations, both at the national and the international level. Both in (post-)conflict situations and in situations of large-scale human rights abuses it has become a major question of transitional justice how to repair the harm inflicted on victims through acts of genocide, crimes against humanity, war crimes, and other forms of injustice. As institutions of international criminal justice, the International Criminal Court and the Trust Fund for Victims are also confronted with this question and the many issues involved. They have to address three crucial questions in particular: (a) who are the beneficiaries for reparation; (b) who are the duty-bearers of reparation; and (c) what forms of reparation can be awarded? We argue that the answers to these questions raise very important issues that go beyond a purely legal approach and that require an input from other scientific disciplines and also from other sectors of society, including victims and their organizations. We argue in particular in favour of a concept of reparation that seeks to attain a new balance and that will allow victims to cope with the past and the future alike, and therefore propose a process-oriented approach to reparation based on the work of Barkan and Habermas.
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Ismaili, Karim. "Book Review: Making Amends: Mediation and Reparation in Criminal Justice." Criminal Justice Review 19, no. 1 (May 1994): 135–36. http://dx.doi.org/10.1177/073401689401900123.

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Dignan, Jim. "Book Review: Making Amends: Mediation and Reparation in Criminal Justice." International Review of Victimology 2, no. 4 (September 1993): 351–54. http://dx.doi.org/10.1177/026975809300200406.

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Dissertations / Theses on the topic "Reparation (Criminal justice) Rwanda"

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Pia, Christina Kalus. "Redressing female victims of sexual violence: possibilities for gender-specific reparations at the International Criminal Court." Thesis, University of the Western Cape, 2011. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_1824_1373278492.

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This paper is about the reparations regime of the International Criminal Court and reparations possibilities for victims of sexual violence. It will contain a legal analysis of the reparations system of 
the Court, including the Trust Fund for Victims of the International Criminal Court. In a second step, the needs of women who experienced conflict related violence will be examined. The central 
 
question, which this paper will try to answer, is whether the ICC reparations regime has the ability to provide gender-sensitive reparations and thus make a contribution to the improvement of 
women&rsquo
s lives in post-conflict societies.

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Wright, Martin. "Restorative justice and victim/offender mediation." Thesis, London School of Economics and Political Science (University of London), 1990. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.287788.

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Christie, Adrienne (Adrienne Elizabeth) Carleton University Dissertation Law. "Restorative injustice? The boundaries of restorative justice at the intersections of gender, race and class, a Canadian focus." Ottawa, 2000.

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Palmer, Nicola Frances. "A contextual process : understandings of transitional justice in Rwanda." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:caff303e-4afc-42a8-bc95-7b660f058ca1.

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This thesis examines the practices of international, national, and localised criminal courts in post-genocide Rwanda. It argues that, although the courts are compatible in law, an interpretive cultural analysis shows that they have often competed with one another. The research draws on interviews conducted with judges, lawyers, and a group of witnesses and suspects from the United Nations International Criminal Tribunal for Rwanda (ICTR), the national Rwandan courts, and the gacaca community courts. The courts’ judges and lawyers have interpreted Rwanda’s transitional justice processes very differently. The ICTR has been principally concerned with developing international criminal case law. The national courts purport to have focused on domestic legal reform, while personnel inside gacaca view these local courts as having provided an account of the events and causes of the genocide. This thesis argues that the different interpretations offered within Rwanda’s post-genocide courts illuminate divergent legal cultures inside the institutions, leading to failures in effective cooperation and evidence gathering. The courts have pursued diverse means to try to establish their legitimate authority. However, among a group of Rwandan citizens, the practices of one court were routinely used as the basis to criticise the actions of the others, raising challenges for the legitimacy of transitional justice in Rwanda. The potential for similar competition between domestic and international justice processes is apparent in the current practice of the International Criminal Court (ICC). However, this competition can be mitigated through more effective communication between different justice systems which respond to the needs of the affected populations, fostering a legal culture of complementarity.
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Hurst, Alexandra. "Reconciling Rwanda? : (ir)reconcilable narratives of history, identity and justice at the International Criminal Tribunal for Rwanda." Thesis, University of Newcastle Upon Tyne, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.443021.

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Butera, Gerald. "Rwanda Gacaca traditional courts : an alternative solution for post-genocide justice and national reconciliation /." Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 2005. http://library.nps.navy.mil/uhtbin/hyperion/05Mar%5FButera.pdf.

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Thesis (M.A. in Stabilization and Reconstruction)--Naval Postgraduate School, March 2005.
Thesis Advisor(s): Douglas Porch, Nancy Roberts. Includes bibliographical references (p. 65-69) Also available online.
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McCarthy, Conor. "Reparations and victim support under the Rome Statute of the International Criminal Court." Thesis, University of Cambridge, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.609112.

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Ndzengu, Nkululeko Christopher. "A comparative analysis of aspects of criminal and civil forfeitures: suggestions for South African asset forfeiture law reform." Thesis, Nelson Mandela University, 2017. http://hdl.handle.net/10948/14267.

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In order for the proceeds of unlawful activities to be completely dislodged from the criminals’ hands, the latter should be effectively deterred from allowing their assets to be used to execute or facilitate the commission of offences. When properly exacted, in the interests of justice and within the existing constitutional framework, the legal process known as asset forfeiture should ensure that crime never pays. Asset forfeiture refers to both criminal forfeiture, which is conviction based following the United Kingdom asset forfeiture regime and civil forfeiture, which is non-conviction based following the United States of America one.2 Chapter 5 provisions of the Prevention of Organised Crime Act3 (hereafter POCA) provides for court, Basdeo M – Search, Seizure and Asset Forfeiture in the South African Criminal Justice System: Drawing a Balance between Public Utility and Constitutional Rights (2013) LLD, University of South Africa in Chapter 5 where a comprehensive comparative study of SA POCA and United States of America’s asset forfeiture and origin is undertaken. 3 Act 121 of applications for a restraint, confiscation and realisation for the recovery of proceeds of unlawful activities. The restraint is invoked when a suspect is to be charged or has been charged or prosecuted, there are reasonable grounds to believe that a conviction may follow and that a confiscation order may be made. Chapter 6 provisions of POCA provide for court applications for preservation and forfeiture order targeting both the proceeds of unlawful activities and removal from public circulation of instruments or assets used in the commission of offences where the guilt of the wrongdoer is not relevant. POCA has a Schedule with 34 items setting out examples of offences in relation to which civil forfeiture may be invoked. When the State discharges this noble professed task in the name of public safety, security and crime combating, legal challenges arise. This is more so within a constitutional democratic context where both individual and property rights are enshrined and protected. This study deals with some of these challenges. To the mind of a legal researcher, the law of asset forfeiture is, in this process, moulded and developed. South Africa (a developing country), Canada and New Zealand (developed countries in the north and southern hemispheres) have constitutional democracies. They also have asset forfeiture regimes, which attracted the attention of the researcher. The question is: can the developing country learn some best practices from the developed countries in this particular field? It would be interesting to establish this and the level of development of this field in the three countries under study. South Africa, with no federal government, has nine Provinces, single asset forfeiture legislation5 (combining both criminal forfeiture i.e. restraint, confiscation and realisation applications and civil forfeiture i.e. preservation and forfeiture applications), and a criminal statute6 applicable to all such Provinces. It also has, like Canada and New Zealand, pockets of asset forfeiture provisions embedded in various statutes. There is only one asset forfeiture office under the umbrella of the National Prosecuting Authority.7 It has branches8 in the Provinces, invoking the provisions of POCA, since 1999. It is not part of the police department. The researcher joined the South African Port Elizabeth branch in March 2003, Bloemfontein, Kimberly and Mmabatho branches from 2010 to 2011, July 2012 onwards in the Port Elizabeth and has practical experience in this regard. The Prevention of Organised Crime Act 121 of 1998. The Namibian POCA 29 of 2004 is almost a replica of the South African POCA except that the former makes express recognition of the victims of the underlying victims. The Criminal Procedure Act, 51 of 1977 (as amended). The Asset Forfeiture Unit (AFU) with its Head Office situated in Pretoria under the umbrella of the National Prosecution Authority, which Raylene Keightley in Young S Civil Forfeiture of Criminal Property Legal Measures for Targeting the Proceeds of Crime (2009) Cheltenham Edward Elgar Publishing, Inc.: Northampton, MA at 94 calls a specialist implementation agency. In Pretoria, Johannesburg, Cape Town, Port Elizabeth, East London, Durban, Bloemfontein, Kimberley, Mmabatho, Mpumalanga and Limpopo. It comprises of eleven Provinces to which the Criminal Code of Canada, the Controlled Drugs and Substances Act 1996 and a host of other statutes apply. Eight of the eleven Provinces have their own and distinct primary stand-alone asset forfeiture statutes introducing civil forfeiture10 as more fully explained in Chapter 2 of this study.
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N'dri, Maurice Kouadio. "Critical analysis of victims rights before international criminal justice." Thesis, University of Pretoria, 2006. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_7533_1183427953.

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History is regrettably replete with wars and dictatorial regimes that claimed the lives of millions of people. Most of the time the planners were not held accountable for their misdeeds. Fortunately in recent years the idea of people being prosecuted for mass atrocities was launched and debated. The purpose of this study was to propose avenues for promoting respect for victims rights. It examined the rationale of the victims reparation, its evolution, its denial and its rebirth. It canvass victims rights in domestic law especially in the civil law in comparison with international law. It proposed means whereby the international community may better address the issue of victims rights.

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Trouille, Helen L. "Rights, responsibilities and reform : a study of French justice (1990-2016)." Thesis, University of Bradford, 2017. http://hdl.handle.net/10454/16020.

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The principal questions addressed in this portfolio of eleven publications concern the reforms to French justice at the end of the twentieth and beginning of the twenty-first centuries. The portfolio is accompanied by a supporting statement explaining the genesis and chronology of the portfolio, its originality and the nature of the submission's distinct contribution to knowledge. The thesis questions whether the reforms protect the rights of the defence adequately. It considers how the French state views its responsibility to key figures in criminal justice, be they suspected and convicted criminals, the victims of offences or the professionals who are prosecuting the offences. It reflects upon the role of the examining magistrate, the delicate relationship between justice, politics and the media, breaches of confidentiality and the catastrophic conditions in which suspects and prisoners are detained in French prisons. It then extends its scope to a case study of the prosecution of violent crimes before the International Criminal Tribunal for Rwanda, and discovers significant flaws in procedures even at international levels. In concluding, it asks whether, given the challenges facing the French criminal justice system, French courts are adequately equipped to assure justice when suspects charged with the most serious international crimes appear before them under the principle of universal jurisdiction. The research, carried out over a number of years, relies predominantly on an analysis of French-language sources and represents a unique contribution to the understanding and knowledge of French justice for an English-speaking public at the turn of the twenty-first century.
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Books on the topic "Reparation (Criminal justice) Rwanda"

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Rwanda's Gacaca courts: Between retribution and reparation. Oxford: Oxford University Press, 2012.

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David, Eric. Le génocide au Rwanda: Les enquêtes officielles menées en Belgique, en France, à l'ONU et à l'OUA. Paris: L'Harmattan, 2015.

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Albrecht, Randelzhofer, and Tomuschat Christian, eds. State responsibility and the individual: Reparation in instances of grave violations of human rights. The Hague: M. Nijhoff Publishers, 1999.

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Why restorative justice?: Repairing the harm caused by crime. London: Calouste Gulbenkian Foundation, 2000.

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Restorative justice realities: Empirical research in a European context. The Hague: Eleven International Pub., 2010.

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Making amends: Mediation and reparation in criminal justice. London: Routledge, 1992.

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Heetderks, Strong Karen, ed. Restoring justice. 2nd ed. Cincinnati, Ohio: Anderson Pub., 2002.

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Heetderks, Strong Karen, ed. Restoring justice. 3rd ed. Newark, NJ: Anderson Publ., 2006.

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Heetderks, Strong Karen, ed. Restoring justice. Cincinnati, OH: Anderson Pub., 1997.

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Silveira, José Tadeo Sain. Los acuerdos reparatorios: Política criminal y marco normativo. Caracas: Universidad Central de Venezuela, Facultad de Ciencias Jurídicas y Políticas, 2010.

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Book chapters on the topic "Reparation (Criminal justice) Rwanda"

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Warner, Sue. "Reparation, Mediation and Scottish Criminal Justice." In Restorative Justice on Trial, 197–210. Dordrecht: Springer Netherlands, 1992. http://dx.doi.org/10.1007/978-94-015-8064-9_12.

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Rodman, Kenneth A. "International Criminal Tribunal for Rwanda (ICTR)." In Encyclopedia of Global Justice, 554–55. Dordrecht: Springer Netherlands, 2011. http://dx.doi.org/10.1007/978-1-4020-9160-5_718.

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Bernard, Antoine, and Karine Bonneau. "Punishment, Dissuasion, Reparation: The Scope of International Criminal Justice." In Making Peace, 165–84. New York: Palgrave Macmillan US, 2011. http://dx.doi.org/10.1057/9781137002129_10.

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Pamment, Nicholas. "Realizing the potential of community reparation for young offenders." In The Routledge Companion to Rehabilitative Work in Criminal Justice, 787–99. Abingdon, Oxon ; New York, NY : Routledge, 2019.: Routledge, 2019. http://dx.doi.org/10.4324/9781315102832-70.

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Girelli, Giada. "International Criminal Justice Revisited: The Ad Hoc Tribunals for the Former Yugoslavia and Rwanda." In Understanding Transitional Justice, 149–70. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-53606-4_7.

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Eltringham, Nigel. "‘When we Walk Out, What was it all About?’: Views on New Beginnings from within the International Criminal Tribunal for Rwanda." In Transition and Justice, 153–74. Chichester, UK: John Wiley & Sons, Ltd, 2014. http://dx.doi.org/10.1002/9781118944745.ch8.

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Jallow, Hassan B. "How The International Criminal Tribunal For Rwanda is a Crucial Element in The Re-Establishment of a New Situation of Peace and Security in Rwanda." In Beyond the UN Charter: Peace, Security and the Role of Justice, 187–99. The Hague: Hague Academic Press, an imprint of T.M.C. Asser Press, 2008. http://dx.doi.org/10.1007/978-90-6704-489-9_12.

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Clark, Phil. "The International Criminal Court’s Impact on Peacebuilding in Africa." In The State of Peacebuilding in Africa, 235–56. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-46636-7_14.

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Abstract This chapter examines the International Criminal Court (ICC) and its intersections with two widespread domestic conflict resolution processes in Africa: national amnesties and peace negotiations. In doing so, it connects to two overarching scholarly and policy debates, namely the appropriateness and legality of amnesties as opposed to prosecutions for suspected perpetrators of international crimes, and the “peace versus justice” debate over whether the threat of prosecution imperils peace negotiations that involve high-level atrocity suspects. This chapter focuses on the ICC’s first two—and therefore most developed—situations in northern Uganda and the Democratic Republic of the Congo (DRC), with secondary reference to Rwanda, South Sudan, and other conflict-affected states in Africa. The chapter concludes with some lessons from the ICC’s interventions for recrafting international criminal justice in support of the wider pursuit of peace.
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Lohne, Kjersti. "Penal Imaginations of Global Justice-Making." In Advocates of Humanity: Human Rights NGOs in International Criminal Justice, 125–54. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198818748.003.0005.

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The chapter analyses the cosmopolitan penal imaginary building on western domestic penality, delving into the relationship between human rights sensibilities and criminal justice mentalities in the ‘fight against impunity’. Through the fieldwork in Uganda and Rwanda, the chapter describes asymmetries between the international and national criminal justice systems. It shows how international criminal justice circulates transnationally between different geographical sites via human rights NGOs and is closely linked to human rights expertise, and how human rights NGOs turn international criminal justice into issues about social justice. Applying a sociology of punishment perspective, the chapter brings out the similarities and differences in ‘penal imaginations’ between domestic and international criminal justice, and argues that international criminal justice both echoes the national and departs from it. For example, while international criminal justice relies upon retributive and expressive undertones, it makes no appeal to punitive sensibilities: a fact that can be understood in light of the close relation between international criminal justice and human rights NGOs. Yet, it is argued that human rights NGOs rely too strongly on punitive answers, and that amnesties can be just a matter of pragmatism in situations of profound violence. Thus, while the ICC has both retributive and reparative aims, the situation in northern Uganda demonstrates how international criminal justice became an impediment to peace. Moreover, the chapter reveals how a lot of practical issues had simply not been ‘thought of’ when setting up the ICC, such as acquittals and asylum-seeking witnesses.
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"The International Criminal Tribunal for Rwanda." In Post-Conflict Justice, 487–98. Brill | Nijhoff, 2002. http://dx.doi.org/10.1163/9789004479579_024.

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