"There is such a thing as effective international justice"

by Martha Heinemann Bixby

categories: Bosnian Genocide, Cambodian Genocide, Peace & Justice, Rwandan Genocide

Published June 29, 2009 @ 08:18PM PT

The wheels of post-genocide justice have been busily turning recently.  In Rwanda, Bosnia and Cambodia courts are trying the accused - 15 and 30 years later.

Rwanda

Rwanda's post-genocide Gacaca court system is set to finish its work tomorrow, June 30th [author's note - I have heard that they might be pushing back the end date until late July to attempt to finish trying the outstanding cases].  Although, as the UN humanitarian news service notes, the "jury is still out on effectiveness of 'Gacaca' courts" the process draws the active participation and interest of Rwandan society, even as it comes to a close.

Bec Hamilton reports from one of the last cases, the review of the sentencing of Béatrice Nirere, who was sentenced to life imprisonment in isolation for her involvement in planning the 1994 genocide against the Tutsi population in Rwanda.Last week, Bec

sat in an over-crowded stifling room (despite glassless windows, no fresh air made it through due to the number of people cramming to see inside) as her case was considered for review.

Throughout her post Bec notes the differences between the Gacaca courts and the trials she's attended at the Hague:

The ICC is the first of the international criminal law forums to have a mandated role for victims in the trial process. The victim participation elements in the Rome Statute are considered revolutionary. And in many ways they are. But the victims’ participation in the courtroom dialogue is mediated through their legal representatives. And while many of the victim’s counsel are skilled at bringing the reality of their client’s experiences into the courtroom, it is nothing like the direct, unfiltered participation of a Gacaca courtroom.

Cambodia

At the Kaing Guek Eav - "Duch" - trial in Cambodia, one of the only survivors of a Khmer Rouge torture center testified about the terrifying conditions there.  Kaing Guek Eav, known as "Duch", headed the S-21 prison in Phnom Penh from 1975-79

"The conditions were so inhumane and the food was so little," Vann Nath told the tribunal, tears streaming down his face. "I even thought eating human flesh would be a good meal."

For more information on the Duch trial, check out Michelle's post from back in February, just before the trial began.

Srebrenica

At the Court of Bosnia and Herzegovina, the second trial on Srebrenica finished with the presentation of evidence.  Milorad Trbic, former deputy head of security of the Army of Republika Srpska's Zvornik Brigade, is accused of genocide committed in 1995 in Srebrenica.

And a word from the former Secretary General

Kofi Annan has an Op-Ed in the New York Times this morning urging African leaders to support the work of the International Criminal Court.

In recent months, some African leaders have expressed the view that international justice as represented by the I.C.C. is an imposition, if not a plot, by the industrialized West.

In my view, this outcry against justice demeans the yearning for human dignity that resides in every African heart. It also represents a step backward in the battle against impunity.

Citing the successes of the Nuremberg trials and the tribunals for Rwanda and the Former Yugoslavia, Annan emphasizes:

"there is such a thing as effective international justice."