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

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.

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

About this Master's Thesis

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