ABSTRACT
Aim of paper
This paper deals with the effectiveness and achievements of ICTR that can be viewed in light of aims set out in the UN Resolution 955, 1994. In the Resolution UN is determined to: 1) have effective application and enforcement of restrictions against the warfare perpetrators; 2) bring justice and ensure that violations are halted; 3) have fair trials; 4) contribute to criminal justice and process of reconciliation and restoration and maintenance of peace.
Hypotheses
In the present paper author put forward two hypotheses. The first hypothesis is that creation of ICTR was a logical, but moderate step, which would have not been necessary if global society would have appropriately reacted to previous warnings about possible genocide in Rwanda. The second hypothesis is that ICTR was merely a vehicle of justice, but it is hardly designed as a vehicle for reconciliation.
Analytical framework
Author has discussed the work of ICTR and refer to particular aims, possibility of their achievement and assess outcomes. Author used three tools of analytical framework: legal, political and economical, as from these different standing points it is possible to assess the work of ICTR in its entirety. Legal aspects of work of ICTR extend from mere procedural points to ICTR’s contribution to legal tradition and legal developments. Author depicted which of legal aspects have undermined the authority and image of ICTR, as well as could be deemed as actual shortcomings, and how these aspects influence achievement of justice as the ultimate goal of legal authority. Financial aspect shows the costs of ICTR, but political aspect deals with assessment of set goals in the Resolution and bringing justice as a prerogative, as it is expected to be effective and appropriate.
Main conclusions
The paper shows that while making a significant contribution to the law of genocide and international criminal justice and establishing historical record (achievements), ICTR was incapable in reconciliation of witnesses and survivors and was described as “job creation for foreigners” (shortcomings).
Table of Contents
ABSTRACT
Aim of paper
Hypotheses
Analytical framework
Main conclusions
1. INTRODUCTION
2. ANALYSIS OF GENOCIDE
Genocide characteristics
Humanitarian intervention
Ignorance of genocide
3. THE INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA (ICTR)
Creation of ICTR
Landmark Cases of the International Criminal Tribunal for Rwanda
4. LEGAL, FINANCIAL AND POLITICAL ASPECTS
Evaluation of ICTR
Analytical framework
4.1. LEGAL ASPECT
Significant contribution: law of genocide and international criminal justice (achievement)
Procedural novelty (achievement)
Extension of legal concepts: universal liability, genocide, rape (achievement)
Internal misconduct and administrative proficiency (shortcoming)
Procedural justice. Role of victims. Definition of victim (shortcoming)
Length of trials. Procedural effectiveness (shortcoming)
4.2. FINANCIAL ASPECT
High costs rather than investing in social programs (shortcoming)
4.3. POLITICAL ASPECT
Establishing historical record (achievement)
National reconciliation and maintenance of peace as an aim (achievement)
Need for reconciliation of witnesses is not achieved (shortcoming)
CONCLUSION
Achievements and shortcomings
Suggestions
TABLE
Evaluation and suggestions (legal, financial, political aspect)
BIBLIOGRAPHY
ENDNOTES
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Laden Sie Ihre eigenen Arbeiten hoch! Geld verdienen und iPhone X gewinnen. -
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