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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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