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Courts in ConflictInterpreting the Layers of Justice in Post-Genocide Rwanda$
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Nicola Palmer

Print publication date: 2015

Print ISBN-13: 9780199398195

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:oso/9780199398195.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 16 September 2021

Inside the United Nations International Criminal Tribunal for Rwanda

Inside the United Nations International Criminal Tribunal for Rwanda

(p.53) 2 Inside the United Nations International Criminal Tribunal for Rwanda
Courts in Conflict

Nicola Palmer

Oxford University Press

In Chapter 2, an empirical evaluation of the ICTR’s objectives, as understood inside the institution, highlights the court’s focus on the development of international criminal case law. Among the judges and lawyers at the court, this is the dominant understanding of their work, and it has shaped the ICTR’s formal interaction with Rwanda’s concurrent national and local transitional justice processes. Inside the Tribunal, the actions of the Rwandan national courts and gacaca are explained in a way that is consistent with the ICTR’s focus on building an international legal regime. The work of the Rwandan domestic courts is interpreted within this cultural context, better explaining the Tribunal’s Rule 11 bis decisions on the transfer of its remaining cases to Rwanda while offering a heuristic device to analyze the ways in which the ICTR deploys information generated by the gacaca courts in its Trial Chamber judgments.

Keywords:   international criminal law, Rule 11, bis, gacaca evidence, ICTR, Rwandan national courts

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