LLM / Department of Public Law / Since the birth of international criminal justice, the imposition of individual criminal responsibility has been expanded as evidenced by the instruments establishing the institutional mechanisms, at least, from Nuremberg to the Rome Statute of the International Criminal Court. The prescriptions of the imposition of criminal responsibility in international criminal law take cognizance of the fact that both top civilian and military personnel commit heinous crimes. However, until the establishment of the International Criminal Tribunal of Rwanda (ICTR), such prescriptions covering individuals who find themselves within informal civilian relationships had not earned much focus, be it at the identification of responsible individuals to their prosecution and conviction. Events in Rwanda during the 1994 genocide that led to the establishment of the ICTR revealed the involvement of this category of individuals. While their involvement took diverse forms, at different times, only some of them were identified and successfully prosecuted and convicted for the offences over which the ICTR has jurisdiction. This category of individuals (those falling under the rubric of informal civilian relationships) has not been addressed by scholarship on international crimes. This dissertation identifies such individuals, examines the allegations against them, the factual findings of the different Trial Chambers and develops a set of rules as well as lessons to be learnt from the trial and appellate proceedings

International criminal tribunals rely on international support. However, in the case of the ICTY and the ICTR, international support has been uneven. I argue that this uneven support is related to the post-atrocity status of the domestic governing authority. In cases where the governing authority retains the status of victim, as in Rwanda following the 1994 Tutsi genocide, the international community has been reluctant to back the ICTR in its attempts to prosecute all participants of the 1994 genocide. In cases where the governing authority retains the status of perpetrator, as in Serbia following the Bosnian genocide of the 1990s, the international community has been more supportive of the ICTY. In cases where the post-atrocity status is mixed, as in Croatia, the backing of the international community of the ICTY has been similarly mixed.

Die vorliegende Arbeit beschäftigt sich mit dem Neutralitätsbegriff beim Dolmetschen. Sie gliedert sich in einen theoretischen und einen empirischenTeil. Ersterer stellt den Versuch einer dolmetschspezifischen Definition des Neutralitätsbegriffs dar. Grundlage hierfür ist die Analyse von Neutralitätskonzepten in anderen wissenschaftlichen Disziplinen (z. B. Philosophie, Politikwissenschaft). In Anlehnung an das von Rodigast (2015) für die Mediation entwickelte Neutralitätskonzept wird ein Fragebogen zur Evaluation von Neutralität beim Dolmetschen entwickelt, dessen Anwendbarkeit im zweiten Teil der Arbeit geprüft wird. Gegenstand der Analyse ist das Dolmetschsetting am Ruanda-Tribunal (ICTR). Die qualitative Datenerhebung erfolgt basierend auf Prozessakten, Video- und Audiomitschnitten der Verhandlungen sowie Aussagen von ehemaligen Dolmetscherinnen und Dolmetschern des ICTR.:Einleitung ................................................................................................................ 1 1 Das Rollenverständnis der Dolmetscherin im Umbruch – neutrale „Übersetzungsmaschine“ oder aktive Kommunikationsteilnehmerin? ................... 2 2 Ursprünge des Neutralitätsparadigmas beim Dolmetschen und Gründe für seine Etablierung ............................................................................................................. 4 3 Aktuelle Beiträge zur Debatte um die Neutralität im Dolmetschberuf .................. 9 3.1 Melanie Metzger und ihre „Dekonstruktion des Mythos Neutralität“ ................ 10 3.2 Aus der Germersheimer Konferenz zur Neutralität im Dolmetschen 2013 ..... 12 4 Auf der Suche nach der Neutralität. Eine interdisziplinäre Recherche zu Neutralität, Objektivität und Unparteilichkeit .......................................................... 19 4.1 Neutralität in der Politik ................................................................................... 19 4.2 Neutralität und Objektivität in der Soziologie ..................................... ............ 20 4.3 Unparteilichkeit als philosophisch-ethischer Begriff ........................................ 22 4.4 Schlüsse aus der Betrachtung des Neutralitätsbegriffs in anderen Wissenschaftsfeldern ............................................................................................ 23 5 Entwicklung eines fachspezifischen Neutralitätskonzeptes am Beispiel des Berufsfeldes Mediation .......................................................................................... 24 6 Zusammenfassung der bisherigen Erkenntnisse über Neutralitätskonzepte ..... 28 7 Neutralität auf dem Prüfstand. Fallanalyse des Dolmetschens am Ruanda-Tribunal .................................................................................................................. 32 7.1 Historische Situierung des Völkermords in Ruanda ........................................ 34 7.2 Das Ruanda-Tribunal – Gründung, Funktion, Struktur .................................... 35 7.3 Der Sprachendienst des ICTR ........................................................................ 36 7.4 Verwendete Quellen für die Fallanalyse .......................................................... 37 8 Anwendung des Fragebogens ........................................................................... 38 8.1 Fragen zur Neutralität im Vorfeld der Dolmetschsituation und in Bezug auf das Setting ................................................................................................................... 38 8.2 Fragen zur Neutralität während des Kommunikationsprozesses .................... 50 9 Auswertung ....................................................................................................... 59 9.1 Zur Neutralität des Dolmetschsettings und der Dolmetscherinnen am ICTR .. 59 9.2 Zur Anwendbarkeit des Fragebogens zur Überprüfung von Neutralität .......... 63 9.3 Fazit ................................................................................................................. 65 10 Quellenverzeichnis .......................................................................................... 66

Yes / During the first trial before the International Criminal Tribunal for Rwanda (ICTR), that of Jean-Paul Akayesu, it became evident that many Tutsi and moderate Hutu women had been raped, that “rape was the rule and its absence was the exception”.1 Although, initially, not a single charge of sexual violence was proffered against Akayesu, presiding judge Navanethem Pillay interrupted the proceedings, allowing ICTR prosecutors to amend the indictment and include counts of rape and sexual violence. Akayesu subsequently became the first case to recognise the concept of genocidal rape. However, post-Akayesu, comparatively few defendants appearing before the ICTR have been convicted of sexual violence. An analysis of the recent case of Ndindiliyimana et al2 reveals that major shortcomings beset the investigation and prosecution procedures, so that crimes of sexual violence go unpunished, although research suggests that adequate legislation is in place at the ICTR to prosecute rape and sexual violence successfully.

The International Criminal Justice System (ICJS) has received criticism for lacking a nuanced understanding of culture. This has presented itself as interpretational issues and ignored socio-cultural norms and beliefs about justice. Through the lens of Recognition theory, this thesis takes on a single case study approach of the International Criminal Tribunal for Rwanda (ICTR). Through a qualitative content analysis of the trial transcripts, the thesis investigates the tension between two types of recognition within the ICTR to uncover how the court has managed to recognise the distinctiveness of Rwandan culture in its proceedings as well as the genocide itself as a form of radical non-recognition that needs to be comprehensively addressed. The thesis concludes that, on the one hand, the ICTR succeeded in recognising the distinct aspects of Rwandan culture and language, the formation of distinct identities in Rwanda, and the victims of the genocide. It also succeeded in recognising the genocide itself as a form of radical non-recognition in its proceedings and legal interpretations. However, on the other hand, the lack of clarity and detail in some of the court’s explanation of its consideration might leave it open for criticism in terms of ensuring the equal legal worth of all people, especially in terms of its evaluation of cultural differences and whether some of the observations are misinterpreted as inferiorities or simply assumptions of individual judge.

Approved for public release, distribution is unlimited / Initially, many Rwandans placed their hopes in the well-funded International Criminal Tribunal for Rwanda (ICTR) but it has been plagued by inefficiencies and delays. Although the Rwandan national courts have tried a significantly larger number of cases than the ICTR, they are also criticized as being too slow. Therefore, the government of Rwanda has proposed using the "Gacaca" traditional courts to accelerate post-genocide justice. The purpose of this thesis is to determine whether, and under what conditions, the Gacaca courts can be an effective mechanism of justice and national reconciliation. / Captain, Rwanda Army

The International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) established by the UN Security Council in the early 1993 and 1994 respectively in the wake of mass atrocities commented in the Balkans and in Rwanda are arguably the first truly international criminal tribunals (ICTs). While the Nuremberg and Tokyo tribunals set up by the Allies to prosecute the Germans and Japanese responsible for atrocities committed during World War II provided some precedent, much of the ICTs’ substantive law had never been litigated. In addition, differences in the circumstances surrounding the two sets of prosecutions meant that the ICTs’ procedural system was effectively brand new. In this context, the role of the ICTs’ judges in progressively developing international criminal law and the international criminal justice system assumes great importance. Since the establishment of the ICTs, a permanent international criminal court and several ‘hybrid’ international courts have been created. Each of these has drawn heavily on the jurisprudence and procedural law, practices and norms of the ICTs. This further underscores the importance of understanding the development of international criminal law by ICT judges. / Studies of factors influencing the behaviour of judges have generally focused either on micro-level factors, primarily the policy position of judges, or macro-level factors, primarily the relationship between States and international courts. This thesis argues that the exploration of factors influencing judicial behaviour on both levels is important. This thesis uses a broad institutional perspective to identify the types of factors likely to be salient influences on judicial behaviour and the way in which those factors operate, in particular the way in which the ICTs as organisations operate to mediate exogenous influences. / The thesis uses a range of data sources, including interviews with judges and defence counsel to empirically explore two micro level and three macro level influences. The micro-level influences explored are judges’ national system and professional backgrounds. The macro-level influences explored are the reliance of the ICTs on States, the need for the ICTs to establish and maintain legitimacy and the broader expectations directed towards war crimes tribunals. / The thesis findings show that exploring both the micro and macro-levels provide important insights into judicial behaviour at the ICTs. The findings on the influence of the micro-level factors explored in the thesis reveal that both national system background and professional background do influence some aspects of judicial behaviour. The findings also suggest the importance of understanding the process of institutionalisation when exploring judicial behaviour and the organisational factors that facilitate or impede this. The findings on the influence of the macro-level factors explored in the thesis suggest that each of these factors do influence judicial behaviour at the ICTs in certain ways, but that the level to which the factors influence behaviour is context-contingent.

"This study will demonstrate how the ICTR is developing and enforcing international humanitarian law (IHL). Already it has successfully sent out a clear message to leaders worldwide that gross human rights violations of this nature will no longer go unpunished, providing a form of deterrence. The ICTR continues to develop a rich jurisprudence on IHL that will be examined in this study. Being the first international tribunal to convict a person of genocide, the first to recognise rape as an element of genocide, and to try a woman for the crime of genocide, the ICTR jurisprudence will prove invaluable. The rules of procedure adopted by the ICTR that have greatly facilitated bringing to justice high ranking officials shall also be examined. The study will contribute to the ongoing discussion on the role of the ICTR in developing and enforcing IHL. The study will specifically give insight on how the ICTR helps the development of IHL from an African perspective, thus contributing to ending impunity not only in Rwanda but in Africa as a whole. ... Chapter two will give a background to the 1994 genocide in Rwanda, which led to the establishment of the ICTR. This section will discuss the jurisdiction, structure, and procedures of the ICTR. Chapter three will examine the development and nature of IHL and the problems regarding its enforceability. Chpater four will address the contribution made by the ICTR to the development and enforcement of IHL. Chapter five will offer some concluding remarks." -- Chapter 1. / Supervised by Mr. Emmanuel Yaw Benneh at the Faculty of Law, University of Ghana / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2001. / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

Gender-based violence (GBV) has been used as a tool of instilling fear, hatred and persecution during conflict situations. It is a fact that GBV takes place pre-conflict situations. Moreover, conflicts and wars only accelerate the rate at which GBV is committed. In the 1990s and early 2000s, there was conflict in the Former Yugoslavia, Rwanda and Sierra Leone. These conflicts went down in history as conflicts where horrendous crimes were committed. As a result of the atrocities committed and the magnitude of victims, the international community with the assistance of the United Nations formed the International Criminal Tribunal for the Former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR) and the Special Court for Sierra Leone. These international tribunals were given the task of prosecuting the perpetrators of these crimes. Prior to the formation of these tribunals, the international community had experienced other wars whereby international tribunals were also formed to deal with the atrocities committed. However, this research only aims at comparatively analysing the ICTY, TCTR and the SCSL because these new tribunals were the first in experiencing the development of the prosecution of GBV. The former international tribunals did not effectively deal with gendered crimes therefore there was no precedent set in international law regarding the prosecutions of these crimes. The conflicts that occurred in the Former Yugoslavia, Rwanda and Sierra Leone also saw the introduction of more brutal forms of GBV. These forms of GBV that developed forced the tribunals to change the way they prosecuted gender-based crimes because the nature and the magnitude at which the crimes were committed was massive. Forms of GBV that were earlier recognised such as rape and sexual violence were now being used as a means through which the perpetrators committed war crimes, crimes against humanity and genocide. The comparative analysis between the ICTR, the ICTY and the SCSL also aims at showing how the different challenges and hurdles that these courts faced when prosecuting these crimes. The pitfalls that the tribunals experienced at the pre-trial phase are also investigated and critically analysed with the aim of drawing lessons about mistakes that should not be repeated in newer international tribunals. A comparative analysis will also be done on the different precedents that were set by the cases that were heard in these tribunals with the aim of showing how these tribunals have indeed contributed to the development of the prosecution of these types of crimes. Finally, recommendations will be made regarding how future international tribunals better deal with these crimes. The research paper also aims at creating awareness that these types of crimes must be treated differently and with caution because the effects that the victims suffer from last way after the conflicts and trials are over. Lessons must be carried from past prosecutions in order to correct and better improve the way in which the prosecutions are carried out and also the way in which the different victims are treated even after the prosecutions have been completed. / Dissertation (LLM)--University of Pretoria, 2011. / Public Law / unrestricted

<p>This paper is about the reparations regime of the International Criminal Court and reparations possibilities for victims of sexual violence. It will contain a legal analysis of the reparations system of&nbsp / the Court, including the Trust Fund for Victims of the International Criminal Court. In a second step, the needs of women who experienced conflict related violence will be examined. The central&nbsp / &nbsp / question, which this paper will try to answer, is whether the ICC reparations regime has the ability to provide gender-sensitive reparations and thus make a contribution to the improvement of&nbsp / women&rsquo / s lives in post-conflict societies.</p>