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How can retributive justice foster reconciliation? : on the impact of international and hybrid criminal tribunals, the ICC as a potential successor and arising consequences for Europe

Schuttenberg, Fabian (2008) How can retributive justice foster reconciliation? : on the impact of international and hybrid criminal tribunals, the ICC as a potential successor and arising consequences for Europe.

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Abstract:In the first part of this work, the impact of international and hybrid tribunals (as instruments of Retributive Justice) on reconciliation after internal armed conflicts will be examined by performing a case study on four tribunals. The cases examined are the International Criminal Tribunal for the former Yugoslavian (ICTY), the International Criminal Tribunal for Rwanda (ICTR), the Special Court for Sierra Leone (SCSL) and the Special Panels for Serious Crimes (SPSC) in East Timor. Attention will be given to the preconditions under which those tribunals where held, to the benefits and problems connected to their implementation and to their outcome. The purpose of the case study is to learn about predominant factors (generalizations) that enabled, respectively prevented the tribunals to contribute to reconciliation. Part II will deal with the International Criminal Court (ICC) that can be seen as a successor to international tribunals. Taking into consideration the generalizations of part I, it will be examined if it is likely that the ICC will, in its present form, contribute to reconciliation in societies after an internal conflict. Differences, advantages and disadvantages the ICC may have compared to international or hybrid tribunals shall be described. In the last part of the work it will be identified how European governmental and non-governmental actors can, in the light of the findings of part I and II, enhance the impact of the ICC on reconciliation. First, concrete measures that would foster the ICC's contribution to reconciliation will be named. Thereafter, European actors appropriate to implement these measures will be identified and recommendations for those actors will be given.
Item Type:Essay (Bachelor)
Faculty:BMS: Behavioural, Management and Social Sciences
Subject:85 business administration, organizational science
Programme:Public Administration BSc (56627)
Link to this item:http://purl.utwente.nl/essays/57962
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