Justice or Truth Antoine Ton Hol Justice Trials

Justice or Truth? Antoine (Ton) Hol

Justice: Trials • Problems o Legality o International law since World War II o Selection o Nuremberg Tribunals 185 suspects prosecuted o 120. 000 suspects imprisoned in Rwanda after genocide o Impartiality o Tribunal of victors o Tribunal of ‘the others’

Tribunals • Truth? o The right to remain silent o Legal evidence, or o History (remembering)? • Eichmann trial (1961 -1962) o 100 + witnesses o Tension between prosecutor and judges o Recognition of victims? • Right to speak in International Criminal Court • Compensation?

Truth: Truth (and Reconciliation) Commissions • Truth o Right to remain silent? • Amnesty if you confess o More stories • Healing? • Recognition • Therapeutic • Forgiveness? (reconciliation) • Justice? o Perpetrators left unpunished • (Not all) • https: //www. youtube. com/watch? v=Azz-F 0 mb. WP 8

Mix: Gacaca Courts Rwanda • Objectives o Reconstruction of genocide o Speeding up of the legal proceedings o Reconciliation of all Rwandans • Trial (village courts; sector courts; court of appeal) o Participation witnesses o Attended by survivors/ victims/relatives o Truth? • Confession • Witnessing: obliged o Punishment (imprisonment/works of public interest) • Less in case of confession (before or after having been put on the list)

Gacaca Courts • Problems? o Impartiality judges (representatives village)? o Evidence ( • Witnesses trustworthy? (remembrance; constraint) • burden witnesses: traumatization o Reconciliation? • https: //www. youtube. com/watch? v=Li. Dea-PNoyw