Browsing by Author "Kondi, Elijah"

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    International criminal tribunal and peace building in Rwanda
    (University of Dar es Salaam, 2015) Kondi, Elijah
    The last two decades of the twenty first century have witnessed an unprecedented proliferation of International Criminal Tribunals (ICTs). This study sought to examine and assess the two decades work of the International Criminal Tribunal for Rwanda (ICTR) with a view of understanding the extent of its contribution to the peace building process in Rwanda. The study used retributive justice theory of transitional justice as framework of analysis for exploring the contribution of ICTR in peace building in Rwanda. Based on data from documents reviews and interviews the study revealed that indeed ICTR has contributed to peace building process in Rwanda’s post genocide era. As much as ICTR cannot claim all the credit than the Rwanda’s government itself in respect to peace building efforts, the tribunal’s work without a doubt has much to do with it. This study uncovered that the architectural designs and jurisdictional mandate of ICTR provided it with objective retributive justice framework which not only rendered justice to victims of Rwanda genocide but also contributed to country’s efforts to peace building. The peace building contribution of the ICTR is found in its added and complementary value in filling the justice gap and support for domestic judicial responses to genocide. Without it, Rwandan government alone would not have managed to prosecute high ranking and powerful individuals who masterminded the genocide. In addition incorporation of extra-legal outreach programs to its retributive justice framework marked the intention of the ICTR in achieving its forward looking objective of peace building. The study noted obstacles and challenges of the ICTR peace building endeavour. Among others, the peace building framework of the ICTR suffered from slow pace in justice dispensation, deficiencies in restorative justice arm of the ICTR and one-side approach of its selective prosecution. In the light of these challenges and consideration for the future work of international tribunals, this study recommends that restorative justice element of international tribunals should be treated as part and parcel of the Tribunal’s institutional framework and therefore be funded by member states (UN). Critics of international tribunals including ICTR have pointed out weak link with peace processes taking place domestically. This study recommends that international judicial mechanisms in the aftermath of conflict should be partnered with local judicial mechanisms to ensure trickledown effect and synergy.