Journal articles on the topic 'Reparation (Criminal justice) Rwanda'
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1
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.
9
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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Campbell, Kirsten. "Gender Justice Beyond the Tribunals: From Criminal Accountability to Transformative Justice." AJIL Unbound 110 (2016): 227–33. http://dx.doi.org/10.1017/s2398772300009077.
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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?
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SADAT, LEILA. "Transjudicial Dialogue and the Rwandan Genocide: Aspects of Antagonism and Complementarity." Leiden Journal of International Law 22, no. 3 (September 2009): 543–62. http://dx.doi.org/10.1017/s0922156509990082.
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AbstractThe Rwandan genocide remains one of the most horrific atrocities of the twentieth century, resulting in the death of an estimated 500–800,000 human beings, massacred over a 100-day period. In the fourteen years since the genocide, attempts at justice and reconciliation in Rwanda have involved a delicate interplay between national legal systems and the international legal order. This article examines three fora in which Rwandans have been tried for involvement in the genocide: the International Criminal Tribunal for Rwanda, Rwandan courts including Gacaca tribunals, and French attempts to exercise universal jurisdiction. Using Rwanda as a case study, the article illustrates the issues, concerns, and difficulties that arise when multiple jurisdictions assert a right to exercise criminal jurisdiction over the perpetrators of serious atrocity crimes. Beginning with a discussion of the political context, this article considers what the competing narratives and litigation in various fora have meant for the project of international and transnational criminal justice. Cases involving the commission of atrocities pose unique challenges for the international legal order. As the normative structure of international criminal law has arguably been strengthened, political constraints increasingly come to the fore. As illustrated by Rwanda, universal jurisdiction or other bases of jurisdiction may remain necessary vehicles for justice and reconciliation, or, at the very least, they may serve as a catalyst for change in Rwanda itself.
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Eftekhari, Shiva. "International Criminal Justice, Rwanda and French Human Rights Activism." Human Rights Quarterly 23, no. 4 (2001): 1032–61. http://dx.doi.org/10.1353/hrq.2001.0047.
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Sarkin, Jeremy. "Reparation for Past Wrongs: Using Domestic Courts Around the World, Especially the United States, to Pursue African Human Rights Claims." International Journal of Legal Information 32, no. 2 (2004): 426–60. http://dx.doi.org/10.1017/s0731126500004248.
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Human rights have never received more attention than at present. All around the world there is new vigor in dealing with gross human rights abuse. As a result, the last ten years have seen major developments in international criminal processes to deal with these issues. Accountability for these violations, a major problem in the past, has improved to some degree. This is true at both international and domestic levels. With the establishment of the International Criminal Tribunal for Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR) and the International Criminal Court (ICC), the prospects for prosecuting those responsible for gross human rights violations are more likely than before.
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Perez-Leon-Acevedo, Juan-Pablo. "Victims at the Prospective International Criminal Law Section of the African Court of Justice and Human and Peoples’ Rights." International Criminal Law Review 17, no. 3 (June 14, 2017): 453–85. http://dx.doi.org/10.1163/15718123-01703005.
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The introduction of an International Criminal Law Section (icls) to the prospective African Union (au) African Court of Justice and Human and Peoples’ Rights (acjhr) has sparked academic debate. However, discussion of victims’ status at the acjhr-icls has been neglected. Victims’ status as participants and reparation claimants, as provided for in the acjhr Statute, is critically analysed. There are important gaps and limitations, especially concerning the victim participant status, and implementation challenges, particularly regarding the reparation claimant status. Recommendations to address normative problems and face future challenges are provided. The amended acjhr-icls Statute is comparatively tested against inter alia the legal framework and practice of the International Criminal Court (icc). The icc Statute is relevant because the acjhr Statute provisions on victims largely borrow from it. Additionally, despite some deficits, the icc Statute and practice arguably constitute guiding standards to tackle complex victim-related issues at international/hybrid criminal tribunals (ihcts).
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Warner, Kate, and Jenny Gawlik. "Mandatory Compensation Orders for Crime Victims and the Rhetoric of Restorative Justice." Australian & New Zealand Journal of Criminology 36, no. 1 (April 2003): 60–76. http://dx.doi.org/10.1375/acri.36.1.60.
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Increased recognition of the need for victims of crime to be integrated into the criminal justice system and to receive adequate reparation has led, in a number of jurisdictions, to legislative measures to encourage the greater use of compensation orders. The Sentencing Act 1997 (Tas) (which came into force on 1 August 1998) went further and made compensation orders compulsory for property damage or loss resulting from certain crimes. This article shows that this measure has failed victims and argues that they have been used in the service of other ends. Mandatory compensation orders are a token gesture repackaged as restorative justice to gain public support for the administration of the criminal justice system.Ways in which compensation orders could be made more effective and the possibilities of accommodating restorative compensation into a conventional criminal justice system are explored.
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Parmentier, Stephan, Marta Valiñas, and Elmar Weitekamp. "Restoring justice in Serbia: Reconciliation and restorative justice in a post-war context." Temida 13, no. 1 (2010): 23–41. http://dx.doi.org/10.2298/tem1001023p.
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The debate on how to deal with the past in Serbia is an ongoing one. Both the International Criminal Tribunal for ex-Yugoslavia and national criminal justice mechanisms have played an important role in prosecuting offenders. Other transitional justice approaches continue to be discussed. All in all, the Yugoslav and the Serbian cases are similar to other debates about 'dealing with the past' or 'transitional justice', as they are taking place between elites, political, economic, and within civil society, both in the country concerned and at the international level. Likewise the views and expectations of the local populations in any given country are very rarely taken into account. In this paper findings of a population-based research carried out by our research team in Serbia in 2007 are presented. The research was done by means of a quantitative survey across the country on several issues of post-conflict justice, including truth seeking, accountability, reparation for victims and reconciliation.
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Palou-Loverdos, Jordi. "Relaciones internacionales y justicia transicional: memoria, jurisdicción universal y el caso Ruanda/RD Congo." Deusto Journal of Human Rights, no. 13 (December 11, 2017): 15. http://dx.doi.org/10.18543/aahdh-13-2015pp15-62.
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<p>In the twentieth anniversary of the Srebrenica and Kibeho massacres, both executed under the presence of UN blue helmets, its timely to approach judicial and non-judicial mechanisms of transitional justice been used to face human right abuses of the past. Human tragedies of Rwanda and the democratic Republic of Congo are still devastating despite of developed initiatives about truth, justice and reparation. dialogue processes and universal jurisdiction initiatives inspired by international civil society depict a window of hope. National and international impacts of the Rwanda-DR Congo case judicial process, as the effects of the cancellation of universal jurisdiction in Spain, after ten years of open judicial inquiry, are presented to invite to a critical reflection.</p><p><strong>Received</strong>: 25 July 2015<br /><strong>Accepted</strong>: 30 November 2015<br /><strong>Published online</strong>: 11 December 2017</p>
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van den Wyngaert, Christine. "Remarks by Christine van den Wyngaert." Proceedings of the ASIL Annual Meeting 111 (2017): 327–30. http://dx.doi.org/10.1017/amp.2017.142.
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As you can see, I'm a veteran in the field of international criminal justice, having served on all these courts. I came to The Hague in the year 2000 for the Arrest Warrant case at the International Court of Justice (ICJ), and looking back at that period, it feels like these were the halcyon years of international criminal justice. The International Criminal Tribunal for the former Yugoslavia (ICTY) was up to speed, the International Criminal Tribunal for Rwanda (ICTR). The International Criminal Court (ICC) had been created. The Rome Statute was brand new. States were exercising universal jurisdiction. In the United Kingdom, we had the Pinochet case. So everything seemed to go in a very much forward, positive direction.
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Koko, Sadiki. "Implementing transitional justice in post-transition Central African Republic: What viable options?" African Human Rights Law Journal 21, no. 2 (December 31, 2021): 1–31. http://dx.doi.org/10.17159/1996-2096/2021/v21n2a38.
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The Central African Republic currently is in search of the most suitable approach to adopt in order to address serious crimes and human rights violations committed in the country in recent years. This article is a contribution to the ongoing debate relating to transitional justice options in post-transition CAR. It suggests a three-pronged policy; focusing on the perpetrators, the victims and on society generally. The proposed policy in respect of perpetrators refers to the International Criminal Court, the Special Criminal Court and the national judiciary. Amnesty could be granted to suspected perpetrators willing to cooperate fully with transitional justice institutions. Such individuals equally could be subjected to diverse forms of lustration in exchange for forgiveness. As far as victims are concerned reparation programmes should be adopted and the necessary skills provided in order to enable them, their relatives and communities to earn a living. Lastly, society-focused transitional justice initiatives could involve the effective operationalisation of the Truth, Justice, Reparation and Reconciliation Commission, the establishment of a permanent national peace and dialogue commission and the involvement of community-based mechanisms and religious leadership. Yet, in order to increase the likelihood of success for the proposed transitional justice policy, the overall capacity of the CAR state ought to be significantly improved. Furthermore, external polities will have to refrain from interfering in the country's internal affairs and, at the same time, the international community should increase its support of the CAR.
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Fasoli, Elena. "Declaratory Judgments and Official Apologies as Forms of Reparation for the Non-Material Damage Suffered by the State: the Djibouti-France Case." Law & Practice of International Courts and Tribunals 7, no. 2 (2008): 177–92. http://dx.doi.org/10.1163/157180308x373086.
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AbstractThe present article deals with the different manifestations of the non-material damage in inter-State legal relations. The recent decision rendered by the International Court of Justice on 4 June 2008 regarding certain questions of mutual assistance in criminal matters between Djibouti and France provides an opportunity to examine the intricate distinction between legal and moral damage and the consequences deriving therefrom, in terms of reparation. The judgment confirms a tendency emerging from legal literature as well as by international practice, that different types of non-material damage require different forms of reparation. Official apologies or public acknowledgment of the wrongful act – although also theoretically applicable as reparation for legal damage – are considered the most appropriate forms of reparation for the moral damage caused to a State. On the other hand, the judicial declaration of the unlawful character of an act appears an important reparatory result for the legal damage implicit in the breach of any international obligation.
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Ip, Ken Gee-kin. "Fulfilling the Mandate of National Reconciliation in the Extraordinary Chambers in the Courts of Cambodia (ECCC) – An Evaluation through the Prism of Victims’ Rights." International Criminal Law Review 13, no. 4 (2013): 865–94. http://dx.doi.org/10.1163/15718123-01304004.
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The central theme of this article is to assess whether the mandate of national reconciliation has been fulfilled in the ECCC. Recent retreats in the scope of victims’ participatory rights reveal a palpable gap between the Court’s rhetorical promises and the manifested reality. This article begins with providing some justifications for the primitive role given to national reconciliation. Then, in traversing the evolution of international criminal justice, this article highlights its departure from the traditional model of the exclusive retributive justice paradigm. Rather, there is a synergy of the retributive justice and the restorative justice paradigms within international criminal trials in the 21st century. The expanded role of victims in proceedings and the ECCC reparation regime will then be examined in this context. This article will thereafter emphasize the recurrent themes that could promote victims’ rights and herald the fulfilment of national reconciliation.
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Dusabe, Francis. "Rwanda." Journal of Money Laundering Control 19, no. 1 (January 4, 2016): 21–31. http://dx.doi.org/10.1108/jmlc-03-2015-0007.
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Purpose – This paper aims to assess the extent to which Rwanda is prepared to deal with the menace of money laundering, a threat that may well stunt its ambitions to build a strong economy. Design/methodology/approach – This paper used desktop research based on primary and secondary sources. It is based on a review of relevant conventions laws and policies constituting the anti-money laundering legal regime. Findings – Rwanda’s responses are not strong enough to curb the ever growing risk of money laundering. Rwandan economic structure may easily accommodate launderers, given the development policies relating to investments positive political will may help to pre-empt the increase in the crime. Originality/value – Neither academic, editorial or any work whatsoever have been conducted regarding Money Laundering in Rwanda nor has the prosecution ever submitted a case in the courts at least to pave the prosecutorial strategy in the cases of money laundering. This work is of its own and has been reviewed by well-known professors in the domain, namely, Prof Lovell Fernandez, the Director of South African Germany Center for Transnational Criminal Justice.
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Portinaro, Pier Paolo. "Transitional Justice. I conti con il passato." TEORIA POLITICA, no. 1 (May 2009): 5–26. http://dx.doi.org/10.3280/tp2009-001001.
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- Transitional justice refers to the admission of wrongdoing, the recognition of its effects and the acceptance of responsibility for those effects. It provides an alternative to vengeance and a measure of accountability for the perpetrators and justice for the victims by establishing truth. The article considers the different ways of taking account of the past (from direct retaliation to amnesty, from prosecution of perpetrators responsible for large-scale state brutality to public discussion about human rights abuse and shaping of collective memory) and focuses the emergence of the paradigma of restorative justice. In amending tragic historical immoralities, restitution, reparation, apology, and reconciliation replace a universal comprehensive standard of criminal justice with a negotiated justice among opposing parties in specific cases. Drawing on the discussion of some recent studies (Teitel, Elster, Barkan, Frei, Koenig) concerning the role of criminal trials, lustration policies and truth commissions in democratic transitions, the article attempts to outline even broader conclusions about a theory of transitional justice.
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Trindade, Antônio Augusto Cançado. "Reflections on the International Adjudication of Cases of Grave Violations of Rights of the Human Person." Journal of International Humanitarian Legal Studies 9, no. 1-2 (March 6, 2018): 98–136. http://dx.doi.org/10.1163/18781527-00901003.
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The coexistence of contemporary international tribunals has fostered the access to justice for the determination of international responsibility. There are approximations and convergences between the International Law of Human Rights, International Humanitarian Law, the International Law of Refugees, and contemporary International Criminal Law. The central place is of the human person. In addressing grave violations of the rights of the human person, international tribunals have a humanist common mission of rendering justice as a form of reparation. Jusnaturalism prevails over legal positivism, conscience stands above the “will”.
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Moffett, Luke, and Clara Sandoval. "Tilting at windmills: Reparations and the International Criminal Court." Leiden Journal of International Law 34, no. 3 (May 21, 2021): 749–69. http://dx.doi.org/10.1017/s092215652100025x.
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AbstractMore than 20 years on from the signing of the Rome Statute, delivering victim-centred justice through reparations has been fraught with legal and practical challenges. The Court’s jurisprudence on reparations only began to emerge from 2012 and struggles to find purchase on implementation on the ground. In its first few cases of Lubanga, Katanga, and Al Mahdi the eligibility and forms of reparations have been limited to certain victims, subject to years of litigation, and faced difficulties in delivery due to ongoing insecurity. This is perhaps felt most acutely in the Bemba case, where more than 5,000 victims of murder, rape and pillage were waiting for redress, and the defendant was not indigent, but where he was later acquitted on appeal, thereby extinguishing reparation proceedings. This article critically appraises the jurisprudence and practice of the International Criminal Court (ICC) on reparations. It looks at competing principles and rationales for reparations at the Court in light of comparative practice in international human rights law and transitional justice processes to consider what is needed to ensure that the ICC is able to deliver on its reparations mandate. An underpinning argument is that reparations at the ICC cannot be seen in isolation from other reparation practices in the states where the Court operates. Reparative complementarity for victims of international crimes is essential to maximize the positive impact that the fulfilment of this right can have on victims and not to sacrifice the legitimacy of the Court, nor quixotically strive for the impossible.
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Williamson, Jamie A. "An overview of the international criminal jurisdictions operating in Africa." International Review of the Red Cross 88, no. 861 (March 2006): 111–31. http://dx.doi.org/10.1017/s1816383106000075.
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Whilst the African continent has been beset with many of the modern- day conflicts, and with them violations of international humanitarian law, through the work of the International Criminal Tribunal for Rwanda, the Special Court for Sierra Leone and the International Criminal Court, African states have demonstrated their intent to hold accountable the perpetrators of the gravest international crimes. By the end of 2005, the International Criminal Tribunal for Rwanda celebrated its eleventh year, the Special Court for Sierra Leone will have completed its fourth year and the International Criminal Court will be more than three and a half years old. As the present review of their activities shows, the delivery of justice through international jurisdictions is a complex and often time-consuming process.
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Haynes, Stacy Hoskins, Alison C. Cares, and R. Barry Ruback. "Reducing the Harm of Criminal Victimization: The Role of Restitution." Violence and Victims 30, no. 3 (2015): 450–69. http://dx.doi.org/10.1891/0886-6708.vv-d-13-00049.
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Restitution is a court-ordered payment by offenders to their victims to cover the victims’ economic losses resulting from the crime. These losses can be substantial and can harm victims and victims’ families both directly and indirectly. But most victims do not receive reparation for their injuries, both because judges do not always impose restitution and because of problems with collecting restitution payments, even if there is a court order to do so. In this article, we review the literature on restitution and suggest that this compensatory mechanism is necessary to restore victims to where they were before the crime occurred. But monetary restitution alone is not sufficient. Making victims whole requires not only financial compensation from the offender but also procedural, informational, and interpersonal justice from the criminal justice system.
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Laucci, Cyril. "Juger et faire juger les auteurs de violations graves du droit international humanitaire." International Review of the Red Cross 83, no. 842 (June 2001): 407–38. http://dx.doi.org/10.1017/s1560775500105747.
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Abstract The establishment of the International Criminal Tribunals for the former Yugoslavia and for Rwanda, and the recent adoption of the Rome Statute of the International Criminal Court, are important steps towards ensuring that justice prevails. However, existing and future international criminal courts alone will never be able to try all cases of serious violations of international humanitarian law. Domestic courts have to step in and they must keep their role as the main agents for rendering justice. The rule according to which the ICC's jurisdiction is a complementary one is wise and also indispensable for guaranteeing the new court's success. The international courts should actively seek to establish cooperation agreements with national jurisdictions and facilitate the transfer of cases, in particular those of minor importance. In the authors'view the future of criminal justice lies in an invigorated domestic justice system
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ABDERREZAK, Ismahane. "MEDIATION AS AN ALTERNATIVE MECANISM FOR A PUBLIC LAWSUIT." RIMAK International Journal of Humanities and Social Sciences 03, no. 07 (September 1, 2021): 01–10. http://dx.doi.org/10.47832/2717-8293.7-3.1.
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Criminal mediation is one of the modern means that represents one of the most important legal mechanisms for resolving disputes in a way distinct from what is required by classic judicial procedures. Modern criminal policy has tended towards consensual solutions or consensual conciliatory justice in many cases as a reliable strategic option in reconciling the state’s right to punishment, And the right of the criminal to reform and reintegration, in an attempt to reduce the phenomenon of the criminal justice crisis and the increase in the number of cases before it, and the failure of short-term punishment, so it became necessary to search for better alternatives to gain effort and time and maintain social relations between members of society by introducing a mediator who works on bringing the points of view between the parties to the dispute, and the establishment of an agreement that guarantees reparation for the harm suffered by the victim and guarantees the rehabilitation of the offender under judicial supervision.
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Balta, Alina, Manon Bax, and Rianne Letschert. "Trial and (Potential) Error: Conflicting Visions on Reparations Within the ICC System." International Criminal Justice Review 29, no. 3 (November 15, 2018): 221–48. http://dx.doi.org/10.1177/1057567718807542.
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Twenty years ago, the International Criminal Court (hereinafter ICC or the Court) was established holding the aim of placing victims at the heart of international criminal justice proceedings and delivering justice to them through, among others, reparations. Article 75 of the Rome Statute lays out the reparations regime, and, in practice, court-ordered reparations are a means of delivering such justice. Focusing on Court decisions on reparations, our analysis takes stock of all developments before the ICC and attempts to highlight the mismatch between characteristics inherent to the objectives of international criminal trials such as providing accountability and punishment of the accused and delivering justice for victims of mass crimes—the so-called procedural challenges. We also submit that the Court is facing conceptual challenges, related to an apparent misunderstanding of the various concepts at stake: reparations as such and the various modalities and channels of enforcing them. We conclude that although the ICC’s reparation regime may not be the best reparative response to provide justice to victims in conflict situations affected by mass victimization, we suggest that improving the ICC’s approach includes, at a minimum, tackling these challenges.
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KELSALL, TIM. "Politics, anti-politics, international justice: language and power in the Special Court for Sierra Leone." Review of International Studies 32, no. 4 (October 2006): 587–602. http://dx.doi.org/10.1017/s0260210506007170.
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The Special Court for Sierra Leone (SCSL) is located in a fortified compound in central Freetown. Inside its militarised space a project of global significance is unfolding. Together with the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda, and the International Criminal Court, the SCSL is an experiment in bringing the rule of international law and governance to regions recently destabilised by war and conflict.
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Rodman, Kenneth A. "When Justice Leads, Does Politics Follow?" Journal of International Criminal Justice 17, no. 1 (March 1, 2019): 13–44. http://dx.doi.org/10.1093/jicj/mqz002.
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Abstract One of the arguments for international prosecution of criminal violence regardless of political context is the presumed normative pull of global justice, which can stigmatize targeted leaders to both international and domestic audiences, leading to their marginalization. However, the examples most closely associated with this argument — Radovan Karadžić and Ratko Mladić (arrest warrants issued in 1995), Slobodan Milošević (arrest warrant unsealed in 1999) and Charles Taylor (arrest warrant unsealed in 2003) — are false positives since they were empowered by a political commitment by powerful states to remove those actors from power. In contrast, when powerful third parties prefer to engage regimes whose leaders are subjected to criminal scrutiny — either because of shared interests or a diplomatic approach to conflict management — the stigmatizing impact of criminalization is limited, as demonstrated by the failure of the International Criminal Tribunal for Rwanda to prosecute commanders of the Rwandan Patriotic Front and the problems the International Criminal Court has encountered in its Darfur and Kenyan investigations. The findings point to the realist limits of the shaming function of international criminal tribunals, whose ability to sideline abusive leaders is dependent on parallel political strategies to achieve the same ends.
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Philpot, John. "Le tribunal pénal international pour le Rwanda - La justice trahie (Note)." Études internationales 27, no. 4 (April 12, 2005): 827–40. http://dx.doi.org/10.7202/703665ar.
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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.
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Zinsstag, Estelle. "Sexual Violence against Women in Armed Conflicts: Standard Responses and New Ideas." Social Policy and Society 5, no. 1 (January 2006): 137–48. http://dx.doi.org/10.1017/s1474746405002812.
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This article aims to assess ways in which different justice schemes may operate together for an improved legal and political response to victims of sexual crimes in the aftermath of armed conflicts. The article will briefly present the problem of sexual violence against women in armed conflict. It will then consider the evolution of criminal justice in regard to this crime, the results of recent attempts to implement truth and reconciliation processes, as well as briefly assess reparation schemes. Finally it will suggest a series of measures for coordinating the various schemes of justice in a way that guarantees women's rights in the aftermath of a conflict.
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Pérez, Moira, and Blas Radi. "Gender punitivism: Queer perspectives on identity politics in criminal justice." Criminology & Criminal Justice 20, no. 5 (July 14, 2020): 523–36. http://dx.doi.org/10.1177/1748895820941561.
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The article examines the convergence of identity politics and punitivism, two tendencies that profoundly affect current LGBT activism and state criminal policies. It considers the case of Argentina, a country often deemed exemplary in terms of gender-related legislation, and analyses a 2018 sentence that incorporates the concept of ‘travesticide’ in order to examine how the role of identity in political strategies, added to prevailing notions of gender, limits the possible approaches and answers to violence against gender non-conforming communities. It then takes this a step forward to understand how these answers are, in turn, often reduced to punitivist outcomes, narrowing the understanding of reparation and exposing the most vulnerable subjects in the community to further violence. As a contribution to Queer Criminologies, the article seeks to expose the limitations of identity politics, and in particular of its advocacy for gendered rights, showing how they can force gender non-conforming subjects to choose between rights, most notably between legal recognition of their gender identity, and safety vis-à-vis the state apparatus of criminal justice.
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Barbu, Denisa. "Remedy Action for Judicial Errors Committed in Criminal Proceedings in the Light of the Provisions of the European Convention of Human Rights and the Practice of the European Court of Human Rights." Logos Universality Mentality Education Novelty: Law 10, no. 2 (January 10, 2023): 01–12. http://dx.doi.org/10.18662/lumenlaw/10.2/72.
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In its desire to integrate into the European Union and to close chapter 24 of accession, entitled "Internal Affairs and Justice", Romania adopted a series of regulations in criminal matters aimed at ensuring the alignment of our legislation with that of the countries of the European Community. However, our country remained unable to openly recognize its gaps and mistakes in this field, as well as to take measures in the sense shown. Thus, the New Code of Criminal Procedure remained, further, very restrictive, not fully clarifying the hypothesis of persons sent to court in a state of freedom and who were unjustly convicted. This article deals with the issue of reparation for miscarriages of justice in criminal trials, as it has evolved in the light of the provisions of the European Convention on Human Rights and the practice of the European Court of Human Rights.
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Kouamo, Juliette. "The Biography of an Unlikely International Lawyer." Historia 67, no. 1 (June 22, 2022): 1–2. http://dx.doi.org/10.17159/2309-8392/2022/v67n1a7.
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The Trials of Richard Goldstone is a well written account of the life of Justice Goldstone. The author traces the life of Justice Goldstone (born in 1938) from his years as a young boy, then as a Wits University student, a lawyer, a Supreme Court judge in South Africa, and his role as the first Chief Prosecutor of two international criminal tribunals. The biography is divided into careful, distinct chapters which outline Justice Richard Goldstone's family background meticulously, discussing his upbringing, university life, legal practice, role on the bench and his most remarkable achievement - his appointment as a Chief Prosecutor of the International Criminal Tribunal for the Former Yugoslavia (the ICTY) in 1993 and the International Criminal Tribunal for Rwanda (the ICTR) in 1994.
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Olusanya, Olaoluwa. "The Statute of the Iraqi Special Tribunal for Crimes Against Humanity– Progressive or Regressive?" German Law Journal 5, no. 7 (July 1, 2004): 859–78. http://dx.doi.org/10.1017/s207183220001289x.
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The global effort to establish an effective system of international justice is at an important phase in its history. After close to 50 years of relative stagnation following the Nuremberg trials at the end of World War II, the field of international criminal law has been revitalised. The establishment of the International Criminal Court, the ad hoc tribunals for the former Yugoslavia and for Rwanda, “hybrid” or “internationalised” processes such as the Special Court in Sierra Leone, and national criminal justice systems exercising universal jurisdiction, have all lent substance and credibility to the assertion that the most grievous human rights crimes are subject to international scrutiny and legal action.
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Horovitz, Sigall. "How International Courts Shape Domestic Justice: Lessons from Rwanda and Sierra Leone." Israel Law Review 46, no. 3 (September 23, 2013): 339–67. http://dx.doi.org/10.1017/s0021223713000125.
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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.
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BYRNE, ROSEMARY. "Promises of Peace and Reconciliation: Previewing the Legacy of the International Criminal Tribunal for Rwanda." European Review 14, no. 4 (September 8, 2006): 485–98. http://dx.doi.org/10.1017/s1062798706000500.
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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.
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STAHN, CARSTEN. "The Geometry of Transitional Justice: Choices of Institutional Design." Leiden Journal of International Law 18, no. 3 (October 2005): 425–66. http://dx.doi.org/10.1017/s0922156505002827.
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Recent years have seen a proliferation of forms of transitional justice, ranging from pure truth and reconciliation formulas to various integrated approaches, combining international or internationalized trials with alternative forms of justice. Many of these phenomena have been examined in individual case studies. However, few attempts have been made to put the various pieces of the puzzle together and to analyze the merits and pitfalls of different institutional choices of transitional justice. This essay seeks to fill this shortcoming. It looks at different institutional designs of transitional justice from a comparative and impact-based perspective. It tries to identify some of the contextual parameters which may contribute to the success or failure of specific formulas of institutional design. Moreover, this contribution seeks to establish that international and domestic models of justice are not contradictory, but interdependent forces in the process of sustainable peacemaking, in areas such as criminal trials, victim's protection and reparation. It argues that transitional justice requires pluralist and complementary approaches, combining parallel mechanisms at the domestic and the international level, in order to succeed in practice, especially after the coming into operation of the International Criminal Court.
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Akhavan, Payam. "Beyond Impunity: Can International Criminal Justice Prevent Future Atrocities?" American Journal of International Law 95, no. 1 (January 2001): 7–31. http://dx.doi.org/10.2307/2642034.
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Although still in the early stages of their institutional life, die International Criminal Tribunals for the former Yugoslavia (ICTY) and for Rwanda (ICTR) provide a unique empirical basis for evaluating the impact of international criminaljustice on postconflict peace building. The pursuit of justice may be dismissed as a well-intentioned, but futile, ritualistic attempt to restore equilibrium to a moral universe overwhelmed by evil. Moreover, measuring the capacity of punishment to prevent criminal conduct is an elusive undertaking, especially when a society is gripped by widespread habitual violence and an inverted morality has elevated otherwise “deviant” crimes to the highest expression of group loyalty. Yet an appreciation of die determinate causes of such large-scale violence demonstrates that stigmatization of criminal conduct may have far-reaching consequences, promoting postconflict reconciliation and changing die broader rules of international relations and legitimacy.
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Benvenisti, Eyal, and Sarah M. H. Nouwen. "Leaving Legacies Open-Ended: An Invitation for an Inclusive Debate on International Criminal Justice." AJIL Unbound 110 (2016): 205–8. http://dx.doi.org/10.1017/s239877230000903x.
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As a response to the Symposium on the International Criminal Tribunals for the former Yugoslavia and Rwanda published by the American Journal of International Law on the occasion of the tribunals’ closure, this AJIL Unbound Symposium intends to broaden the debate on the “legacies” of those courts. The AJIL Symposium contains articles on the creation of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR); the ad hoc tribunals’ jurisprudential contributions; and their extra-legal impacts and legacies. The concept of “legacy” is itself contested and the appropriateness of the courts’ own efforts to consolidate it may be questioned, especially as they have barely ended (or are about to end) their work. Nevertheless, their over two decades of existence does provide an occasion to assess all they have done and not done, and have affected, intentionally and unintentionally. Against that background, we have invited a group of scholars to respond to the AJIL Symposium and to reflect upon the work of the tribunals with a view to enriching the debate with more voices, from different regions, from different interest groups, and from different disciplines.
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Namakula, Catherine S. "Reparations without reparation: A critique of the Germany–Namibia Accord on colonial genocide." African Yearbook on International Humanitarian Law 2021 (2021): 46–66. http://dx.doi.org/10.47348/ayih/2021/a2.
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Reparation is meant for effect: to make amends. The offer of EUR 1,100 million by the Federal Republic of Germany to the Republic of Namibia, in an agreement of June 2021, for the genocide committed during the colonial-era occupation encourages debate about the categorisation and effect of the payment in the fields of human rights and international criminal justice. The genocide was characterised by the loss of the lives of thousands of people among the Nama and Herero of Namibia between 1904 and 1908. In a pioneering analysis, this article reiterates the principles of reparation in international criminal jurisprudence as a yardstick for this significant gesture of remorse. Reparations must meet both procedural and substantive requirements: they must be proportional, appropriate, prompt and adequate, and they must culminate from a process that ensures the meaningful participation of victims and judicious regard for all relevant factors and circumstances. Reparations for the sake of it, without the remedial effect, make a mockery of justice. An agreement for development aid, however generous, cannot meet the standards of reparation for gross human rights violations. It does not oust the jurisdiction of a competent court on the matter and the pre-emptive clause intended to make the financial component in the Germany–Namibia Accord conclusive is unenforceable. This significant discourse must be guided by clearly set standards to avoid replicating the power dynamics which characterised the commission of the crimes that are intended to be addressed. Furthermore, the distinct treatment of victims on the basis of race and colonial history is repugnant and not defensible. A formidable institutional framework is needed for reparations for the trans-Atlantic trade and trafficking in enslaved Africans and colonial crimes, comprising a United Nations independent mechanism and a specialised committee of the African Union, supported by national committees of the respective countries.
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Abtahi, Hirad. "Types of Injury in Inter-State Reparation Claims: A Guide for the International Criminal Court." Canadian Journal of Law and Society / Revue Canadienne Droit et Société 30, no. 02 (July 23, 2015): 259–76. http://dx.doi.org/10.1017/cls.2015.18.
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Abstract In determining “the scope and extent of any damage, loss and injury to, or in respect of, victims” under article 75(1) of the International Criminal Court (“ICC”) Statute, the ICC will progressively lay the foundation of reparations in international criminal justice. In the process of establishing the typology of harms sustained by natural and—under some qualifications—legal persons, inter-state claims practice may prove to be of assistance to the judges in light of the particular circumstances of each case. In addition, such an exercise illuminates how the doctrinal methods adopted in public international law scholarship categorize and describe the harms that have given rise to reparation claims during both war and peacetime.
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Orentlicher, Diane. "Building Victim-Led Coalitions to Press for Justice Following Mass Atrocity." Proceedings of the ASIL Annual Meeting 112 (2018): 23–26. http://dx.doi.org/10.1017/amp.2018.7.
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Assurances of victim participation in proceedings before the International Criminal Court and Extraordinary Chambers in the Courts of Cambodia have been seen as a welcome corrective to the flawed model of earlier tribunals. The first such tribunal created since the postwar period, the International Criminal Tribunal for the former Yugoslavia (ICTY), was established by the UN Security Council in May 1993 without even consulting those who survived the atrocities that gave rise to its creation, the majority of which took place in Bosnia-Herzegovina. Nor were victims formally incorporated into the ICTY's work except for those who provided testimony and other evidence. (The same holds true for the International Criminal Tribunal for Rwanda, established by the UN Security Council in 1994; in the interests of brevity, my remarks will focus on the ICTY.)
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Barbu, Denisa. "The Evolution of the Regulations regarding the Right to Compensation for Judicial Errors in Criminal Trials - Based on the Influence of International Conventions, National and ECHR Jurisprudence." Jurnalul de Studii Juridice 17, no. 1-2 (October 10, 2022): 121–33. http://dx.doi.org/10.18662/jls/17.1-2/103.
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The legal institution regulated by art. 505-507 of the Criminal Procedure Code represents the last step of the complex of procedural guarantees subsumed by the notion of purpose of the criminal trial. The entire regulation in criminal procedural matters has in mind this axis, of finding out the truth, in the event that the mentioned finality would not be achieved by resorting to the procedural remedy of the ordinary and extraordinary appeals, so that, in the end, the court decision, once definitive, is considered the expression of the truth (res judicato pro veritate habetur). It was noticed, however, that the elimination of errors by means of the above-mentioned procedure does not always lead to the removal of all the consequences of an unjust act of justice, due to the consequences they generate, specifically, for on the person who was previously subjected to judgment. As a result, the legal provisions regarding the reparation of damage in case of false conviction or ilegal arrest are emerging as a complementary institution to the criminal process, necessary for the execution of justice and the restoration of the legal order.
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Wright, Adrian. "Reviews : Making Amends: Mediation and Reparation in Criminal Justice Gwynn Davis Routleage, 1992; £35 hbk." Probation Journal 39, no. 4 (December 1992): 213–14. http://dx.doi.org/10.1177/026455059203900416.
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Walther, Susanne. "Reparation in the German Criminal Justice System: What is, and what Remains to be Done." International Review of Victimology 7, no. 4 (September 2000): 265–80. http://dx.doi.org/10.1177/026975800000700404.
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