The principal questions addressed in this portfolio of eleven publications concern the reforms to French justice at the end of the twentieth and beginning of the twenty-first centuries. The portfolio is accompanied by a supporting statement explaining the genesis and chronology of the portfolio, its originality and the nature of the submission's distinct contribution to knowledge. The thesis questions whether the reforms protect the rights of the defence adequately. It considers how the French state views its responsibility to key figures in criminal justice, be they suspected and convicted criminals, the victims of offences or the professionals who are prosecuting the offences. It reflects upon the role of the examining magistrate, the delicate relationship between justice, politics and the media, breaches of confidentiality and the catastrophic conditions in which suspects and prisoners are detained in French prisons. It then extends its scope to a case study of the prosecution of violent crimes before the International Criminal Tribunal for Rwanda, and discovers significant flaws in procedures even at international levels. In concluding, it asks whether, given the challenges facing the French criminal justice system, French courts are adequately equipped to assure justice when suspects charged with the most serious international crimes appear before them under the principle of universal jurisdiction. The research, carried out over a number of years, relies predominantly on an analysis of French-language sources and represents a unique contribution to the understanding and knowledge of French justice for an English-speaking public at the turn of the twenty-first century.

'by product' ern in 1990's, in the fallout of both the Yugoslavian Civil War ternational media, in producing a "norm of change" in regards to sexual violence jurisprudence in the 1990's. In order to do so, this thesis explores the role of the tribunals and

The principal questions addressed in this portfolio of eleven publications concern the reforms to French justice at the end of the twentieth and beginning of the twenty-first centuries. The portfolio is accompanied by a supporting statement explaining the genesis and chronology of the portfolio, its originality and the nature of the submission's distinct contribution to knowledge. The thesis questions whether the reforms protect the rights of the defence adequately. It considers how the French state views its responsibility to key figures in criminal justice, be they suspected and convicted criminals, the victims of offences or the professionals who are prosecuting the offences. It reflects upon the role of the examining magistrate, the delicate relationship between justice, politics and the media, breaches of confidentiality and the catastrophic conditions in which suspects and prisoners are detained in French prisons. It then extends its scope to a case study of the prosecution of violent crimes before the International Criminal Tribunal for Rwanda, and discovers significant flaws in procedures even at international levels. In concluding, it asks whether, given the challenges facing the French criminal justice system, French courts are adequately equipped to assure justice when suspects charged with the most serious international crimes appear before them under the principle of universal jurisdiction. The research, carried out over a number of years, relies predominantly on an analysis of French-language sources and represents a unique contribution to the understanding and knowledge of French justice for an English-speaking public at the turn of the twenty-first century.

No description available.

Mémoire numérisé par la Division de la gestion de documents et des archives de l'Université de Montréal.

Mémoire numérisé par la Division de la gestion de documents et des archives de l'Université de Montréal

M.A. (French) / This thesis investigates the collective literary Project entitled Rwanda: écrire par devoir de mémoire, written by nine Francophone, African intellectuals in response to the genocide of the Tutsi in Rwanda. Six of them are fictional novels or travel diaries by non- Rwandans, based on the stories and adaptations of the stories of survivors. There is one poetry anthology and two texts by Rwandans: a survivor’s testimony and an essay by a Tutsi who was in exile during the genocide. A comparison of the literary strategies, used by the authors to respond both individually and collectively to the difficulty of writing the ‘inexpressible’, forms the basis of this analysis. It explores trauma theory and its application to literature and fiction, focusing on how signs of traumatic memory are made visible in the texts. Based on Ricoeur’s notion of triple mimesis, it considers the interaction between victim, writer/text and reader/listener which re-establishes the communication interrupted by the trauma of genocide. The thesis considers the initiation, aims and challenges of the Project. It provides an overview of the origins and consequences of the genocide as observed by the writers. A literary analysis of each of the nine texts separately allows the reader to appreciate the variety of approaches: collective/individual; witness-survivor/indirect witness; fact/fiction, and the blending of these opposites. A synthesis of the recurring motifs, lieux de mémoire and emblematic characters foregrounds tensions that emerge in the postgenocide society between memory and forgetting, identity and alterity, survivors and exiles, forgiveness and justice, survival and the death experience. These elements create an intertextual, fictional world that is nevertheless anchored in the reality of genocide, a polyphonic narrative which contributes to a deeper understanding of the collective horror of the genocide.

[pt] Entre 06 de abril a 20 de julho de 1994, após a queda do avião que transportava, dentre outros passageiros, o então presidente de Ruanda, Juvenal Habyarimana, ocorreu um dos maiores genocídios da história contemporânea, o genocídio em Ruanda. De forma organizada e sistemática, estima-se que entre 800.000 a 1.000.000 pessoas, tutsis em especial, tenham sido exterminadas. Através da Resolução número 955/94, o Conselho de Segurança da ONU demonstrou preocupação com as graves violações do Direito Internacional Humanitário, ocorridas no território ruandês. Nesse sentido, foi criado o Tribunal Penal Internacional para Ruanda (TPIR), com mandato para apurar os crimes praticados durante o genocídio daquele país e punir os responsáveis por estes crimes. O presente estudo tem por objetivo verificar as contribuições do TPIR para o Direito Internacional Penal e a Justiça Penal Internacional. Verificou-se que o TPIR auxiliou na definição e elaboração de diversos conceitos sobre os crimes internacionais centrais previstos no Estatuto do TPIR e na Convenção de Genocídio de 1948. Ainda, produziu farta jurisprudência e grande corpus de direito material e processual, e efetuou a responsabilização dos grandes líderes do genocídio em questão. Desta forma, contribuiu para a evolução do Direito Internacional Penal e também para a criação de um Tribunal Penal Internacional Permanente. / [en] Between April 6 and July 20, 1994, after the plane crash carrying, among other passengers, the then president of Rwanda, Juvenal Habyarimana, one of the greatest genocides in contemporary history took place, the genocide in Rwanda. In an organized and systematic way, it is estimated that between 800,000 and 1,000,000 people, Tutsis in particular, were exterminated. Through Resolution number 955/94, the UN Security Council expressed concern about the serious violations of international humanitarian law that occurred in Rwanda. In this sense, the International Criminal Court of Rwanda (ICTR) was created, with a mandate to investigate the crimes committed during the genocide of that country and punish those responsible for these crimes. This study aims to verify the contributions of the ICTR to International Criminal Law and International Criminal Justice. It appears that the ICTR assisted in the definition and elaboration of several concepts on the central international crimes provided for in the ICTR Statute and in the 1948 Genocide Convention. Furthermore, it produced abundant jurisprudence and a large corpus of substantive and procedural law, and effected the accountability of the great leaders of the genocide in question. In this way, it contributed to the evolution of International Criminal Law and a creation of a permanent international criminal court.

In 1948 the international community in reaction to the horrors of the holocaust sought to eradicate genocide forever by creating the 'Convention on the Prevention and Punishment of the Crime of Genocide'. This Convention criminalised the preparation and act of genocide by international law, making all individuals accountable irrelevant of status or sovereignty. But the Convention has not been enough to deter the act of genocide from occurring again, and again, and again. Worst, the international community has been slow to react to cases of genocide. The problem with preventing and punishing genocide is hindered by the power and right of veto held by permanent members of the UNSC. The UNSC has been given the responsibility to maintain international peace and security and is the only entity that can mandate an intervention that overrides the principle of non-intervention. The aim of this thesis is to show that the veto has been a crucial factor in stopping the prevention of genocide, thus it is imperative that the veto change. This study argues that to effectively prevent and punish genocide the veto needs to be barred from use in cases of genocide. It looks at different cases since the Armenian genocide during WWI through to the Darfur genocide which is still in process. The case of Armenia is significant because for the first time, members of the international community were prepared to hold leaders of another state accountable for their treatment of their own citizens. However the collective will to bring justice to those accountable waned coming to an abrupt end in 1923. The holocaust followed in WWII; six million Jews died, and numerous other groups were targeted under the Nazi's serial genocide. The shock of the holocaust led to the Genocide Convention. But thirty years later during the Cold War, Cambodia became embroiled in a genocide perpetrated by the Khmer Rouge. The international community silently stood by. The USSR, China, and the US all had their reasons to stay out of Cambodia, from supporting a regime with a likeminded political ideology to war weariness from Vietnam. In the 1990s, genocides in Rwanda and the former Yugoslavia (Bosnia and Kosovo) followed. The former was neglected by the US's unwillingness to be involved in another peacekeeping disaster. The two genocides in the former Yugoslavia were affected by Russia and China's reluctance to use military force even after the clear failure of serial negotiations. Finally, in 2003 Darfur became the latest tragedy of genocide. Again, Russia and China have been timid of calling the conflict genocide thus avoiding any affirmative action to stop it. These cases all show that where one state is unwilling to be involved in stopping genocide, their right and power to the veto stops or delays the international community from preventing and punishing genocide, regardless of whether the veto is used or merely seen as a threat. Therefore, for future prevention of genocide, the veto needs to be changed to prevent its use in times of genocide.

Le 22 juin 1994, le Conseil de sécurité de l’ONU vote la résolution 929 autorisantle déploiement d’une force multinationale humanitaire, neutre et impartiale au Rwandaayant pour mission de mettre fin aux massacres. Concrètement, c’est la France, àl’initiative de ce projet, qui va assurer le commandement de la mission dénomméeOpération Turquoise. Celle-ci se heurte à l’opposition des rebelles tutsis du FrontPatriotique Rwandais, aux réserves des organisations humanitaires mais elle reçoit lesoutien appuyé du gouvernement intérimaire rwandais hutu. L’Opération Turquoisesuscite surtout une vague d’accusations dans la presse française, le président FrançoisMitterrand et les militaires français étant accusés de « complicité de génocide », voire de« participation au génocide ». Ces accusations perdurent et reviennent régulièrementdepuis plus de vingt ans, relayées par des journalistes qui disent avoir découvert puisrévélé « l’inavouable » rôle de la France au Rwanda.Cette étude analyse les enquêtes journalistiques menées de 1994 à 2014 et lesconfronte aux documents confidentiels et secret-défense issus des archives américaines,françaises, rwandaises et onusiennes, ainsi qu’à la stratégie militaire mise en oeuvredurant l’Opération Turquoise. Elle permet ainsi d’identifier les sources sur lesquellesreposent ces accusations et d’en évaluer le bien-fondé. Ce faisant, elle met en évidence lafaçon dont la recherche s’est concentrée sur le génocide au détriment de la lutte arméeinitiée par le FPR de 1990 à juillet 1994, laissant de côté des aspects essentiels à lacompréhension de la tragédie rwandaise. / On the 22nd June 1994, the UN Security Council passes the resolution 929authorising the deployment of a multinational humanitarian, neutral and impartial force toRwanda having as its mission to put an end to the massacres. In concrete terms, it isFrance, on initiative of this project, who goes to carry out the command of the missionnamed Operation Turquoise. This comes up against the opposition of the Tutsis rebels ofthe Rwandan Patriotic Front, to the reservations of the humanitarian organisations but itreceives the backup support of the acting Rwandan Hutu government. OperationTurquoise incites above all a wave of accusations in the French press, with the PresidentFrançois Mitterand and the French military soldiers being accused of 'complicity ingenocide', even of taking part in the genocide. These accusations have endured and havebeen regularly coming back for more than twenty years, relayed by journalists who claimto have discovered then revealed the shameful role of France in RwandaThis study analyses the journalistic inquiries led from 1994 to 2014 and comparesthem with confidential secret defence documents stemming from American, French,Rwandan and UN records, as well as the military strategy put in place during OperationTurquoise. It also allows identification of the sources on which these accusations lie andevaluation of their validity. In so doing, it brings to the fore the way in which the researchhas focused on the genocide to the detriment of the armed struggle initiated by the RPFfrom 1990 to July 1994, leaving aside essential aspects in the comprehension of theRwandan tragedy.