1994년 르완다 대규모 제노사이드 관련 被害者學의 應用 - 형사처벌에 의한 정의 對 회복적·공동체적 정의 -
Application of Victimology to the 1994 Massive Genocide in Rwanda - Retributive Justice v. Restorative·Community Justice
0
조회
0
다운로드
2
인용
0
참고문헌
키워드
초록
In searching for a methodology to resolve the vast number of genocide cases in the year of 1994 pending disposition, Rwanda has adopted a program called Gacaca, based on Rwanda's traditional customary dispute resolution system. Gacaca is one of the processes that Rwanda is utilizing to respond to the immediate need to move forward with genocide prosecutions, as well as deal with the long-term psychological need for national reconciliation and unity. Gacaca reinforces, but is not intended to replace, the formal justice system such as the International Criminal Tribunal for Rwanda and domestic criminal courts. As a system rooted in Rwanda's traditions, Gacaca takes advantage of Rwandan cultural characteristics and capitalizes on a historical unity of the collective Rwandan experience. Gacaca also gives the Rwandan people an opportunity to take part in shaping their own country, and is restorative in facilitating community reintegration process that is seen as necessary in addressing the fundamental causes of the genocide. Gacaca is also an experiment in utilizing traditional or customary justice processes to address vast peace and reconciliation issues. Gacaca is an important experiment in the field of human rights, as Rwandan citizens make a proactive attempt to build a better future for the country through healing the conflict which was one of the largest human rights catastrophes in the world history. Therefore, Gacaca system will give us a key in dealing with the aftermath of both Korea's human rights disaster in the past (such as Geochang Occurrence, Nogun-ri Occurrence and 5.18 Pro-democracy Fighting) and two Koreas' unification in the future.
Abstract
In searching for a methodology to resolve the vast number of genocide cases in the year of 1994 pending disposition, Rwanda has adopted a program called Gacaca, based on Rwanda's traditional customary dispute resolution system. Gacaca is one of the processes that Rwanda is utilizing to respond to the immediate need to move forward with genocide prosecutions, as well as deal with the long-term psychological need for national reconciliation and unity. Gacaca reinforces, but is not intended to replace, the formal justice system such as the International Criminal Tribunal for Rwanda and domestic criminal courts. As a system rooted in Rwanda's traditions, Gacaca takes advantage of Rwandan cultural characteristics and capitalizes on a historical unity of the collective Rwandan experience. Gacaca also gives the Rwandan people an opportunity to take part in shaping their own country, and is restorative in facilitating community reintegration process that is seen as necessary in addressing the fundamental causes of the genocide. Gacaca is also an experiment in utilizing traditional or customary justice processes to address vast peace and reconciliation issues. Gacaca is an important experiment in the field of human rights, as Rwandan citizens make a proactive attempt to build a better future for the country through healing the conflict which was one of the largest human rights catastrophes in the world history. Therefore, Gacaca system will give us a key in dealing with the aftermath of both Korea's human rights disaster in the past (such as Geochang Occurrence, Nogun-ri Occurrence and 5.18 Pro-democracy Fighting) and two Koreas' unification in the future.
참고문헌 (20)
- Zehr, Howard, "A New Focus for Crime and Justice: Changing Lenses", ~ (1990)
- Minow, Martha, "Between Vengeance and Forgiveness: Facing History After Genocide and Mass Violence", 91~ (1998)
- Fattah, Ezzat A., "Understanding Criminal Victimization: An Introduction to Theoretical Victimology", ~ (1991)
- Raper, Jessica, "The Gacaca Experiment: Rwanda‘’s Restorative Dispute Resolution Response to the 1994 Genocide", Pepp. Disp. Resol. L.J, 5(1) (2005)
- Carroll, Christina M., "An assessment of the role and effectiveness of the international criminal tribunal for Rwanda and the Rwandan national justice system in dealing with the mass atrocities of 1994", B.U. Int'l L. J, 18, pp.163~ (2002)
- Daly, Erin, "Transformative Justice: Charting a Path to Reconciliation", International Legal Perspective, 12, pp.73~ (2001)
- Day, Minh, Note, "Alternative Dispute Resolution and Customary Law:Resolving Property Disputes in Post-Conflict Nations, a Case Study of Rwanda", Geo. Immigr. L. J, 16, pp.235~ (2001)
- Drumbl, Mark A., "Punishment, Postgeonocide: From Guilt to Shame to Civis in Rwanda", N. Y. U. L. Rev, 75, pp.1221~ (2000)
- Ironside, Pernille, "Rwandan Gacaca: Seeking Alternative Means to Justice, Peace and Reconciliation", N. Y. Int'l L. Rev, 15(31) (2002)
- Morris, Madeline H., "Rwandan Justice and the International Criminal Court", ILSA Journal of International and Comparative Law, 5, pp.351~352 (1999)
- Werchick, Leah, "Prospects for Justice in Rwanda's Citizen Tribunals", Hum. Rts. Br, 8, pp.15~ (2001)
- Wippman, David, "Atrocities, Deterrence, and The Limits of International Justice", Fordham Int'l L. J, 23, pp.473~ (1999)
- Meyerstein, Ariel, "Between Law and Culture: Rwanda's Gacaca and Postcolonial Legality", Law & Soc. Inquiry, 32, pp.467~ (2007)
- Alvarez, Jose E., "Crimes of State", Crimes of Hate: Lessons from Rwanda, 1999, pp.24, 365~
- Prinz, Barrett, "The Treaty of Versailles to Rwanda: How the International Community Deals with War Crimes", Tul. J. of Int'l & Comp. L, 6, pp.553~ (1998)
- Hudson, Joe, "An Introduction to Restorative Justice" (1999), Law in Society
- Llewellyn, Jennifer J., "Institutions for Restorative Justice: The South African Truth and Reconciliation Commission", U. Toronto L. J, 49, pp.355~ (1999)
- Wierzynska, Aneta, "Consolidating Democracy through Transitional Justice: Rwanda’s Gacaca Courts", N.Y.U. L. Rev, 79, pp.1934~ (2004)
- Diane Marie Amann, "Prosecutor v. Akayesu. Case ICTR-96-4-T", Am. J. Int'l L, 93, pp.195~ (1999)