INTERNATIONAL JUSTICE? A CRITICAL REFLECTION OF CHRISTIAN RECONCILIATION AND THE INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA Open Access

Hernandez, Jenny Reed (2013)

Permanent URL: https://etd.library.emory.edu/concern/etds/t435gd264?locale=en
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Abstract

INTERNATIONAL JUSTICE?
A CRITICAL REFLECTION OF CHRISTIAN RECONCILIATION
AND THE INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA



This thesis challenges, from a Christian perspective, whether the work of the International
Criminal Tribunal for Rwanda (ICTR) fosters and promotes national reconciliation. Drawing
from Christian theologians and ethicists, it develops a model of Christian reconciliation, one that
is process-oriented and includes confrontation, acknowledgment, accountability, and
forgiveness. It is a process seeking to restore alienated relationships. It argues that in this
relational process, justice and reconciliation are intimately intertwined within the Christian
tradition. It then considers how this model may have relevance to international criminal law and
its institutions, such as the ICTR. It proposes that through a process of civic reason, the
Christian tradition and the liberal tradition that the international justice system is founded upon
may engage with each other. It postulates the connection between the Christian tradition to the
ICTR is its utility to offer an ontological sense of a "way of being" in the world that can inform
the ICTR as to the deep principles of justice and reconciliation it seeks to realize. Having
established the means with which the two can engage with each other, this thesis turns to
evaluating three aspects of the ICTR against the Christian model of reconciliation. This
evaluation finds that these features of the ICTR work against reconciliation as understood by the
Christian tradition. It concludes with offering how these lessons from the ICTR may inform the
future of international criminal law.


INTERNATIONAL JUSTICE?
A CRITICAL REFLECTION OF CHRISTIAN RECONCILIATION
AND THE INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA


B.A.
University of Virginia
2006
Thesis Committee Chair: Dr. Elizabeth Bounds
A thesis submitted to the Faculty of the
Candler School of Theology
in partial fulfillment of the requirements for the degree of
Master of Theological Studies
2012

Table of Contents



Table of Contents




INTRODUCTION
1


CHAPTER 1

POLITICAL-HISTORICAL CONTEXT OF THE RWANDAN GENOCIDE AND THE
ESTABLISHMENT OF THE INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA
7


CHAPTER 2

JUSTICE AND RECONCILIATION WITHIN THE CHRISTIAN TRADITION

15


CHAPTER 3

ENGAGING THE CHRISTIAN TRADITION WITH INTERNATIONAL LAW

30


CHAPTER 4

RECONCILIATION AND THE INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA

38

CONCLUSION

60



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