Law is Cool – Podcast #4

By: Law is Cool · August 30, 2007 · Filed Under Podcasts · Comment 

Show Notes

(11:21 Total Running Time)

0:19 Omar Ha-Redeye introduces Jordan Furlong from the Canadian Bar Association

1:06 Jordan explains how the CBA helps students prepare for their future after graduation

1:54 Advocacy work undertaken by CBA explained, including access to justice (legal aid), lobbying and law reform, Supreme Court of Canada interventions on confidentiality and gay marriage, and the conflict of interest task force

6:24 Ways that students can get involved and professional development opportunities and information services discussed

9:10 CBA Practice Link and CBA Publications mentioned

 
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Wade Blasingame, Attorney At Law

By: Law is Cool · August 29, 2007 · Filed Under Humour · Comment 

Wade Blasingame, Attorney At Law

[youtube]http://www.youtube.com/watch?v=EBsKkV8hcLM[/youtube]

Preparing for the Socratic Method

By: Law is Cool · August 29, 2007 · Filed Under Administrative, Law Foundations · 4 Comments 

The Socratic Method was first used in law schools at Harvard, starting the 19th c., and is now employed in most major law schools around the world.

Joseph Bartosch describes to purposes for using the Socratic method:

  • strict classical approach to eliminating false philosophical presuppositions by exposing logical errors in thinking
  • utilizing the simple question and answer method in order to cultivate critical thinking in a broad variety of areas

The approach is used to “developing higher order thinking, conflict-resolution skills, and conceptual applications.”

Kemp provides some tips on how to develop this critical thinking in our everyday life:

THE SOCRATIC METHOD FOR THINKING

  1. Locate a statement confidently described as common sense.
  2. Imagine for a moment that, despite the confidence of the person proposing it, the statement is false. Search for situations or contexts where the statement would not be true.
  3. If an exception if found, the definition must be false or at least imprecise.
  4. The initial statement must be nuanced to take the exception into account.
  5. If one subsequently finds exceptions to the improved statements, the process should be repeated. The truth, in so far as a human being is able to attain such a thing, lies in a statement which it seems impossible to disprove. It is by finding out what something is not that one comes closest to understanding what it is.
  6. The product of thought is, whatever Aristophanes insinuated, superior to the product of intuition.

[youtube]http://www.youtube.com/watch?v=z2sMJwxLd-M[/youtube]

www.allaboulawschool.com discusses the Soctratic Method using interviews and experiences of real students.

macleish.jpg (14766 bytes)

Archibald MacLeish spoke of his experience at Harvard Law,

The Socratic spark which set insatiable fires where no flame was seen before…

Beyond the spark was a vision – the vision of the human mind, the great tradition of intellectual past which knows the bearings of the future.

[youtube]http://www.youtube.com/watch?v=FCzVhmkIzFk[/youtube]

The Trial of the Socratic Method features students from Harvard Law

Of course, using cases to critically analyze and discuss concepts of law is probably the best preparation of all. Within weeks we intend to start posting cases and anticipate your contribution.

Law is Cool – Podcast #3

By: Law is Cool · August 25, 2007 · Filed Under Podcasts · 1 Comment 

Show Notes

(19:04 total running time)

0:38 Thomas Wisdom and Omar Ha-Redeye mention the special edition podcast with Michael Bryant, the Attorney-General of Ontario, and the new international law content

3:10 The roundtable discussion featuring Amy Chua’s work, and the concept of the Daoist prosecutor are discussed

4:22 Preparations for law school, and anticipation of the rigors ahead are raised, including Jay Feinman’s Law 101

7:01 The Fisher v. Lowe case, where the decision is delivered in poetry, is briefly covered

9:46 Omar introduces Donna Walrond, a recent graduate of Osgoode Law currentlyImageShack articling in labour, who discussing getting involved in in clinic and mooting

10:34 Donna talks about the Mathews, Dinsdale and Clark Canadian Labour Law Moot

12:34 On campus interviews (OCIs) and the application process

14:36 Donna advises getting involved and talking to lots of people to get more information

15:51 Gender issues in law raised, and need for reform in international gender law

16:24 Article on centralized regulation of securities in Canada discussed

17:34 Blue Jays tickets giveaway for Sept. 16 explained

 
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UN Peacekeeping and the Democratic Republic of Congo

By: Adrian Di Lullo · August 23, 2007 · Filed Under International Law, Politics · 4 Comments 

Part of the International Conflicts series

Introduction

One of the only international instruments working in the DRC currently is the UN peacekeeping mission, MONUC.

According the UN’s peacekeeping website, this is the largest current UN peacekeeping mission, costing over 1/5th of the $5 billion peacekeeping budget, and featuring 16,000 armed troops along with another several thousand civilian staff.

The MONUC mission has, in some form, been in place since 2000, and has been at its current strength since 2004. In that time its mandate has changed from overseeing the 1999 Lousaka agreement cease-fire and engaging in human rights monitoring to maintaining an armed presence in key areas of volatility, protecting civilians in immediate danger, and facilitating arms collections from combatants.

Essentially, MONUC has evolved from being a facilitator, helping domestic groups end the conflict through advice and expertise, to an active participant in shaping the country.

MONUC and Corruption

With these facts taken into account, peacekeepers have been given an important role to play in ensuring that the future of the DRC is peaceful. However, recent events have shown that the MONUC mission may be impeded by factors both within, and outside, of its control.

For example, there is some concerns over corruption within the mission. Peacekeepers within the MONUC mission have been accused of gold and gun smuggling for armed groups. This was followed by an internal UN report, which confirmed some of the accusations, saying that some Pakistani peacekeepers had aided gold smugglers by protecting goods and personnel.

While I cannot speak to what motivated peacekeepers to help commit crimes they are supposed to stop, it does suggest a breakdown within MONUC. Perhaps these peacekeepers were disillusioned by a perceived lack of progress on the ground, as, seven years after the ceasefire agreement, violence and instability remain in large parts of the country.

Or perhaps these peacekeepers entered into the MONUC mission ready to act unethically, and the heads of the MONUC mission failed to engage in proper oversight in order to root out unethical behaviour or prevent it from happening. This is supported by the rather lukewarm response by the UN towards those Pakistani peacekeepers.

Human Rights Watch has stated that the UN has decided that the report confirming the gold-smuggling accusations was its final action.

Whatever the case, it is clear that these gold smuggling accusations bear an ill omen towards the success of the mission.

Unfortunately, this corruption accusation may only be a sign the MONUC mission faces serious difficulties.

MONUC and the Limitations of Peacekeeping

Besides these accusations of corruption, the most serious difficulties facing the MONUC mission are rooted in the particularities of UN peacekeeping in general.

The classical definition of peacekeeping is based on three principles: host-state consent, impartiality and minimum use of force (1).

These principles were established because peacekeeping was not designed as an international army, tasked with ending conflicts in the world, but to help enforce peace once it has already been established.

Peacekeepers are essentially third-party, multi-lateral, facilitators between two sides of a conflict who have decided to make a bid for peace.

However, the DRC, far from working for peace, is still embroiled in conflict. The MONUC mission was established after the 1999 Lousaka agreement, which included a cease-fire between all participants in the war that occurred after Laurent Kabila’s assent to power. This cease-fire did not last, as several rebel and armed groups have maintained violent campaigns across the country.

In 2006, Human Rights Watch noted that the national army attempted to rout out members of an armed insurgency through the use of terror tactics on civilians in the provinces of Katanga, Ituri, and North and South Kivu.

The actions of the government are mirrored by insurgency campaigns such as the Mai Mai rebellion, and the rebel group attached Gen. Nkunda, As well, the DRC continues to have problems with foreign rebel groups, notably from Rwanda and Uganda, who base themselves within the country.

In other words, while war would be an inappropriate term for the situation in the DRC, the country is far from peaceful.

Rather than withdraw the MONUC mission, which, of course, would be bad both morally and politically, the UN changed the mandate of the mission as the situation in the DRC changed.

In order to enforce peace, peacekeepers are now called upon to actively intervene in conflict in order to protect civilians. The most serious problem however is that by increasing the scope of MONUC’s mandate beyond the classical definitions of peacekeeping, its required tasks and goals become murky.

MONUC’s new mandate includes protecting civilians under immediate threat of violence. This brings up several questions.

Can MONUC peacekeepers protect civilians under threat from the DRC national government?

Could it even maintain host-state consent if it attempted to do so?

Can an armed force of 16,000 realistic protect the millions of people still under threat from violence in the country?

Are peacekeepers really trained and equipped in order to complete its mandate?

Peacekeeping and the DRC: An Improper Solution?

These new difficulties threaten to destabilize the MONUC mission, as well as attack its legitimacy as a positive force in the DRC.

Stories abound of attacks on civilians by armed groups close to MONUC centres, and yet peacekeepers did not intervene.

Recent refugees in Uganda have noted that villagers in Eastern Congo rioted “while protesting the failure of U.N. peacekeepers to protect them from militias.

Could peacekeepers really be called to intervene in these situations? They are not an army per se, as they are trained under the principles of minimum use of force, and they would likely not be able to stop the violence even if they tried to intervene.

By intervening, these peacekeepers would, by necessity, be placing themselves on a certain side of the conflict.

If they intervened against the national government, they could face expulsion from the country.

If they intervened against the rebel and insurgent groups, then they would be forced to align with the national government or face increased attacks against their operations.

With only 16,000 troops this is a frightening prospect, and would likely mean that MONUC would be forced out of the country. While it has been documented that UN peacekeepers have worked together to deal with armed insurgency groups, it cannot go too far down this path, otherwise it could face legitimacy issues, possibly being viewed across the country as a tool of the DRC government.

Therefore, once a cease-fire resumes within the country, the ability of the UN mission to fulfill the “classical” parts of its mandate may be hampered by distrust.

Not only is the MONUC mission complicated by its shifting mandate, but the situation in the DRC is preventing peacekeepers from fulfilling the original parts of its mandate in the country, tasks that peacekeeping missions normally engage in.

One of the most important tasks of any peacekeeping mission is to facilitate the disarming and demobilization of excess soldiers on both sides of a conflict.

This is of great importance within the DRC due to the widespread use of child soldiers on all sides of the conflict. While MONUC would be hard-pressed to take child soldiers from armed rebel groups, it also currently faces difficulty in obtaining child soldiers from the national military.

As part of its various cease-fire agreements, armed rebel groups were to be integrated into the national military in a process known as ‘mixage.’

As part of this agreement, these new army brigades were to give up their child soldiers. However, while MONUC has been able to set up centres for child soldiers, peacekeepers have recently had difficulty in obtaining child soldiers from army commanders.

This inability to obtain child soldiers is directly related to the continuing threat of violence within the country, as army brigades in the eastern part of the country have prevented peacekeepers from collecting their child soldiers.

In one case, army commanders in the province of North Kivu to the east continued to recruit child soldiers citing the need to “maintain sufficient soldiers to protect Tutsi living in North Kivu and enable the return of thousands of Congolese Tutsi refugees living in camps in Rwanda.”

Since peacekeepers are having difficulty demanding the release of child soldiers, they must rely on either the kindness of army commanders, or the ability of child soldiers to break away from army brigades and find refuge within MONUC centres on their own.

As well, AllAfrica.com has reported that UN peacekeepers have been having difficulty in fulfilling other aspects of their mission. Recently, peacekeepers were drawn into low intensity clashes while trying to investigate an assault on Congolese intelligence officers in North Kivu province.

If this trend continues, the MONUC mission could easily face violence and conflict as it tries to complete even its most basic tasks.

Overall, it appears that the MONUC mission in the DRC is in trouble. It simply boils down to the problem that the situation in the country does not match the optimal case for successful peacekeeping missions.

In order to create lasting peace in the DRC, it is the opinion of this particular writer that the MONUC mission must be reevaluated.
Solutions and Summary

What is the solution?

Simply eliminating the MONUC mission would also eliminate the most direct instrument that the international community has in effecting the outcome in the DRC.

What is necessary is a new type of force that can be called upon to take direct action to protect civilians and stop the violence in the country. While the UN should remain an important actor, it may be necessary to look towards other actors that can contribute.

For example, the UN mission to the Sudan is increasing its levels of armed troops, and the Organization of African Unity (OAU) has called upon its member states to provide the entire quota of 20,000 troops. This is part of a trend within Africa where regional powers, such as Nigeria, Senegal, and South Africa, take the lead in helping troubled neighbours.

Perhaps it is time for the DRC to embark upon an entirely “Made in Africa” solution. However, this solution may not be appropriate considering the simple fact that the DRC’s neighbours have been a significant part of its problems.

I don’t intend to find a solution here, but only suggest that the key to peace in the DRC will be complicated, and no single solution can cover every eventuality.

What is most necessary is that a frank dialogue is opened in order to find an appropriate solution. While peacekeeping itself is not necessarily a “broken” institution, it should not be relied upon in all situations.

Notes

(1) Mats Berdal, “Ten years of International Peacekeeping” in International Peacekeeping, 2003

Jays v. Orioles Giveaway!

By: Law is Cool · August 23, 2007 · Filed Under Administrative · Comment 

Toronto Blue Jays TicketsBlue Jays v. Baltimore Orioles

It’s not an obscure yet interesting case law that you missed.

We’re talking about the game on Sept. 16, 2007 at 1 p.m. at the Rogers Center in Toronto.

You could be going free, compliments of the Law is Cool website.

What do I need to do?

We know that you’re reading our site. But we don’t know exactly who you are.

So to get your participation, we’re asking you to answer a simple (or perhaps not so simple) question:

What are the major differences between tort law and criminal law?

Send your written or audio comment to admin@lawiscool.com by Sept. 8, 2007.

The most complete and precise answers will be placed under consideration for free tickets to the game.

Who is eligble?

Although we have readers from all backgrounds, we are looking for responses from first-year (incoming) law students at any accredited Canadian institution.

Winners must also be willing to pick up the tickets at a location in the GTA, to be specified.

Applicants are advised that their submissions may be duplicated on this site and identified by name.

Intl Law & Political Settlements – Roundtable

By: Law is Cool · August 22, 2007 · Filed Under International Law, Podcasts · Comment 

Part of the International Conflicts series

Cross Purposes? International Law and Political Settlements – A Roundtable Discussion with All Speakers

A panel of all the previous speakers collectively discussed the challenges with amnesty for war criminals.

The problem with the so-called hacienda model, where war criminals go into exile, is that eventually everyone wants to come home.

We return to the big question of what is the objective of international law. Is it transitional, with the goal of becoming a Western model of democracy? Or is it reconciliation, using the values of the people involved, instead of imposing our own?

How do we deal with tyrants? Threatening them just makes them fight on harder. But creating a tradition of granting impunity can encourage massive crimes.

Should we be developing incentive structures? A dichotomy exists between an economic model and conventional wisdom.

World on FireAmy Chua’s book World on Fire was introduced, which states that democracy often creates mass violence through ethnicization of politics. Market dominant minorities become targets of group violence, such as the Tutsis in Rwanda.

Chua, a professor of law at Yale University, says,

In the numerous countries around the world that have pervasive poverty and a market-dominant minority, democracy and markets — at least in the form in which they are currently being promoted — can proceed only in deep tension with each other. In such conditions, the combined pursuit of free markets and democratization has repeatedly catalyzed ethnic conflict in highly predictable ways. This has been the sobering lesson of globalization in the last twenty years.

We also need to start evaluating the cost/benefit of dictators. Iraq now has sectarian violence that simply did not exist before the invasion.

In a joint article in the Washington Post with Jed Rubenfeld, also of Yale Law, Chua says,

Given the conditions that exist today in Iraq — conditions created by colonialism, autocracy and brutality, not to mention the historical schism between Shiite and Sunni Muslims — rushed national elections could very well produce renewed ethnic radicalism and violence …an anti-American government determined to oust U.S. firms from Iraq’s oil fields. Any of these results would create, at best, an awkward moment for the Bush administration. Combined, they could be catastrophic for American interests, for the Middle East and for Iraq.

Nor is universal jurisdiction quite as robust as we normally assume. There is the complexity of individual situations that should be considered, and state sovereignty cannot always be easily dismissed.

Legalistic thinking tends to propose universal solutions for all problems. There is a distinction between international law, and inter-national law. But are there some universals? Perhaps the freedom from great evil?

Some form of accountability is needed. The method most often used (or imposed) is a Western proceduralized legalism, operating under the assumptions of infallibility and that it is the best method available. There is a need for a more pluralized process instead.

The panel asked, “What are the links between group violence, democratization, role of international criminal law?”

They then concluded by saying that the law exists because states believe in what is in their best interests.

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The Daoist Prosecutor – a New Model

By: Omar Ha-Redeye · August 21, 2007 · Filed Under International Law · 2 Comments 

Part of the International Conflicts series

Darryl Robinson: New Contexts, New Models – International Prosecutors in Pre-Transitional Justice Situations
University of Toronto - Faculty of Law
Darryl Robinson, who teaches international human rights at the University of Toronto, proposed a new model for prosecutors in international law.

He stated that we currently make laws based on past experiences, and apply this into the future. We are therefore necessarily retrospective in its perspective and prospective in application

However we do frequently operate on a lot of wrong assumptions, including how long we should wait before establishing a court, how many people should join, and the context of the operations.

States have previously acted with impunity or under transitional justice for decades. A permanent ICC is often ongoing while the conflict continues.

Instead, there is a need for pre-transitional justice. But the problem is that perpetrators are still protected by armies.

Current Models

Two current models of prosecution exist – the realist and the formalist.

The realist gets out if it gets complicated. It’s not really a prosecutor because it doesn’t uphold the law. But this model is often favoured by critics of the ICC.

The formalist prosecutor behaves like a Western national prosecutor. They assert the supremacy of law, issue orders, castigate failures, issue press releases. Any considerations lead to politicization.

Robinson suggests a new model is need as an alternative to these two, that of a sensitive prosecutor using a theory of inclusiveness.

A New Model

The current challenge is that there is too narrow a perspective among agencies involved. Everyone is following their own mandate and specialization.

This myopic approach is actually required by the Geneva Conventions to avoid jurisdictional issues. And although this creates expert organizations that assertively interpret mandates, it also produces conflicting obligations and efforts.

Robinson states there is a need for an inclusive necessity, a a symphony vs. a cacophony. He cited the turtle shrimp case as an example of conflicting interests of different entities resulting in a less than optimal outcome.

He also claims that to date we have been using Western model, and proposed we look to other sources of inspiration; a mystical (Eastern) route. When we cling to our own beliefs, we see rest of world as complex. If we relax our own fixations we will be able to work less and yet create more change.

The Eastern Daoist philosophy is detached and at one with all. They serve with humility, and see the mystery in life.

Some examples are “overcoming by yielding.” Or how the truth often sounds paradoxical.

Stiff and unyielding is the discipline of death, not of life, which is gentle and flexible.  Stiffness only creates grudging, sullen cooperation.

The Daoist Prosecutor

A prosecutor exemplifying the Daoist thought would speak to everyone. They would manage their activities to minimize their effects on others and perceive cooperation as organic, steadily growing their partnerships.

Challenges with this approach will likely are when organizations exceed their legal mandate, or when flashy confrontations occur.

One example of such flashy confrontation is the situation in Darfur.

The situation in Darfur is very complex, and some limited forms of cooperation were occurring. But these results were not broadcast or publicized well, in part because the optics of the conflict made for better coverage.

Everyone then assumed that because they had not heard anything that nothing was going on.

Contrasting the Daoist Approach

The Daoist only uses tough measures after everything else has been tried.

Weapons are not a wise man’s tools. Force leads to loss of strength. War is conducted like a funeral.

The Daoist also masks their brightness, for the person who makes is show is not bright.

Peace and justice, and the renunciation of wisdom is the goal.

The conflict in Uganda is one of a conflict between peace and justice. There is no incentive for the LRA to create peace before an investigation, and instead warrants were issues for their leaders.

The ICC did get cooperation between the states of Uganda, Sudan, and Congo. When the rebel forces and equipment began to degrade, it led to a negotiation between the parties. Only the warrants stand in the way of peace now.

The formalist would still state, “I don’t care, let justice be done though the world may perish.” The Daoist is more detached, and would renounce wisdom and not hold onto ideas.

This contrast exists because European law is still very Kantian in its structure. Commonwealth countries however seem to have more of a Utilitarian emphasis.

The Big Question

The question that stands as the divide between the different approaches is the goal of international criminal justice. Is it social transformation or transitional justice?

The formalists would respond to the negative, and claim the goal is to punish individuals who committed crimes.

No clear consensus has emerged over this issue, but it remains the underlying question between the different goals that various entities aspire to for international justice.

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Gender Issues in International Criminal Justice

By: Law is Cool · August 21, 2007 · Filed Under International Law · Comment 

Part of the International Conflicts series

Valerie Oosterveld: International Criminal Justice, Peace and Politics: Making Gender Matter

Valerie Oosterveld, of the Faculty of Law and the University of Western Ontario, started by asking if international courts are gender sensitive and if there are links between peace agreements and international justice.

There is a need for a broader range of gender crimes that encompass more than just rape. Institutions need to include more female staff and judge, with experts in gender prosecution.

The safety, comfort and dignity of victims should also be taken into account. Should women come forward to tell their stories in front of tribunals? It does allow direct accusation of those involved, but might not be appropriate for all circumstances.

The current system is still too flawed to treat victims well. It’s too narrow, and doesn’t quite understand the effect of testifying.

Conflicts are often characterized by the brutality of sex crimes, so rape can often be accompanied with a great deal of violence. Rape violates the personal autonomy of a woman, it goes beyond just her dignity.

Oosterveld also proposed a new crime against humanity for forced marriages, which is also seen in many war-torn areas.

HyperLink

She concluded that unfortunately we still see an inconsistent approach towards dealing with gender crimes.


Oosterveld is the author of a textbook on international law published by Irwin Law.

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LRA negotiations in Northern Uganda

By: Law is Cool · August 21, 2007 · Filed Under International Law · Comment 

Part of the International Conflicts series

 

Joanna Quinn: Getting to Peace? Negotiating with the LRA in Northern Uganda

Joanna Quinn

  • Joanna Quinn is the Co-Chair of the Nationalism and Ethnic Conflict Research Group at the University of Western Ontario.

She discussed the ongoing peace talks in Uganada, and began by providing some background to the conflict.

Milton Obote was in power for most of the time following the 1961 independence from Britain.

Image:Uganda-Amin-10-Shillings-cr.jpgHe was followed by Idi Amin, under whose rule between 300-500,0000 people were killed.

Obote came to power again in 1979, but was involved in a war in the Luwero triangle with Yoweri Museveni in which 3 million people died. Museveni himself came to power in 1986, and has ruled Uganada to this day.

However, Museveni also found himself in a conflict from 1984 with Joseph Kony, who lead the Lord ’s Resistance Army (LRA). This dispute displaced 1.8 million people, nearly 80% of the population of northern Uganda.

Even though the war is officially over, there are about 200,000 soldiers still active, and 1,000 people are dying every week.

After signing the Rome Statute in 1999 there was a split among the factions involved. The Lord’s Resistance Movement (LRM) is the political wing of of the LRA movement. They have little or no combat experience, are not extensively involved with the LRA.

The role of the International Criminal Court (ICC) is actually seen as a stumbling block to the Juba talks between Uganda and the LRA.

There is little incentive for the LRA to negotiate with threats of the ICC hanging over their head. The ICC and the International Bar Association have both insisted that Uganda arrest Kony and others for their involvement in the conflict according to the Rome Statute.

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Impact of Prosecution on International Impunity

By: Law is Cool · August 21, 2007 · Filed Under International Law · 2 Comments 

Part of the International Conflicts series

 

Joseph Rikhof: Fewer Places to Hide? The impact of domestic war crimes prosecutions on international impunity

Joseph Rikhof, law faculty at the University of Ottawa, discussed the effects of prosecution.

Romeo Dallaire said that importance of prosecution is not just in convictions, but also as a deterrent.

Augusto Pinochet, former Indonesian president, decided not to visit Switzerland due to concerns over prosecution, so prosecution can have a deterrent effect in some situations.

Victims of war crimes, such as  Srebenica survivors, often see the role that lawyers play as that of advocates.

Experts are still discussing how The Hague impacts mental health. The potential impact can be significant if people are punished, but if it takes a long time the delays can lead to disappointment.

One of the newer developments is the classification of terrorism as a war crime. This has led to language changes and changes in statutes to encompass this shift.

Ethiopia is an example of a country that has a special war crimes prosecutor, which convicted former rule, Mengistu Haile Mariam. This would have been impossible a decade ago.

There is however the danger of universal law meaning that western courts act as saviors, and potentially play the role the colonialism previously did.

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Impact of ICTR in Rwanda

By: Omar Ha-Redeye · August 21, 2007 · Filed Under International Law · 1 Comment 

Part of the International Conflicts series

Audrey Boctor: Impact of the ICTR in Rwanda

Audrey Boctor of Columbia Law School has shared that Rwandan civilians actually resisted the efforts of the International Criminal Tribunal for Rwanda (ICTR).Many of them wanted the death penalty enacted, and wanted proceedings to occur domestically.

As a result, there is a disconnect between national interests in Rwanda and the interests of the international community. Other complicating factors include issues around planners and organizers, the existence of intentional murders, complicity of parties involved, and numerous property offenses.

Interestingly, the Rwandan cabinet did propose an amendment to abolish the death penalty. Some speculate this to be a purely top-down pressure approach, but it could also be due to lack of use of these measures, which had not been implemented since the 80’s.

Furthermore, this political party actually came to power on a platform of repealing the death penalty.

A debate does exist over the utility of the death penalty after genocides. It does not seem to act as a deterrent.

It’s also irreversible, and does not meet the goal of rehabilitation. It’s difficult to look back on other cases and determine the role that the death penalty has played.

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