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J ustice or Truth?

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?

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  1. Justice or Truth? Antoine (Ton) Hol

  2. 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’

  3. 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?

  4. 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

  5. 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)

  6. 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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