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J ustice or Truth?. Antoine (Ton) Hol. Justice: Trials. Problems Legality International law since World War II Selection Nuremberg Tribunals 185 suspects prosecuted 120.000 suspects imprisoned in Rwanda after genocide Impartiality Tribunal of victors Tribunal of ‘the others’.

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J ustice or truth

Justice or Truth?

Antoine (Ton) Hol


Justice trials
Justice: Trials

  • Problems

    • Legality

      • International law since World War II

  • Selection

    • Nuremberg Tribunals 185 suspects prosecuted

    • 120.000 suspects imprisoned in Rwanda after genocide

  • Impartiality

    • Tribunal of victors

    • Tribunal of ‘the others’


  • Tribunals
    Tribunals

    • Truth?

      • The right to remain silent

      • Legal evidence, or

      • History (remembering)?

        • Eichmann trial (1961-1962)

          • 100 + witnesses

          • Tension between prosecutor and judges

      • Recognition of victims?

        • Right to speak in International Criminal Court

        • Compensation?


    Truth truth and reconciliation commissions
    Truth: Truth (and Reconciliation) Commissions

    • Truth

      • Right to remain silent?

        • Amnesty if you confess

      • More stories

    • Healing?

      • Recognition

      • Therapeutic

  • Forgiveness? (reconciliation)

  • Justice?

    • Perpetrators left unpunished

      • (Not all)

  • https://www.youtube.com/watch?v=Azz-F0mbWP8


  • Mix gacaca courts rwanda
    Mix: Gacaca Courts Rwanda

    • Objectives

      • Reconstruction of genocide

      • Speeding up of the legal proceedings

      • Reconciliation of all Rwandans

    • Trial (village courts; sector courts; court of appeal)

      • Participation witnesses

      • Attended by survivors/ victims/relatives

      • Truth?

        • Confession

        • Witnessing: obliged

      • Punishment (imprisonment/works of public interest)

        • Less in case of confession (before or after having been put on the list)


    Gacaca courts
    Gacaca Courts

    • Problems?

      • Impartiality judges (representatives village)?

      • Evidence (

        • Witnesses trustworthy? (remembrance; constraint)

        • burden witnesses: traumatization

      • Reconciliation?

      • https://www.youtube.com/watch?v=LiDea-PNoyw


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