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Justice or Truth?: Exploring Trials, Legality, and Reconciliation in International Law

This video delves into the complex intersections of justice, trials, legality, and truth in the context of international law since World War II. From the Nuremberg Tribunals to the Gacaca Courts in Rwanda, it considers the challenges and outcomes of legal proceedings involving perpetrators and victims. The exploration of themes such as impartiality, the right to remain silent, the role of legal evidence versus historical remembrance, and the pursuit of truth and reconciliation through commissions and courts forms the core of this thought-provoking analysis.

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Justice or Truth?: Exploring Trials, Legality, and Reconciliation in International Law

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Presentation Transcript

  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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