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Index
List of Acronyms
Introduction
PART I International Criminal Justice in the Eyes of Africans and African Americans
1 African Court and International Criminal Courts: Discriminatory International Justice and the Quest for a New World Judicial Order
Chief Charles A. Taku
Introduction
Selective and Discriminatory Justice in Context
The International Criminal Tribunal for Rwanda: A Victors’ Court
Backdoor Attempts to Eternalise Victors’ Justice
The Special Court for Sierra Leone
The ICC: The Price of Selective and Discriminatory Justice
The African Court, the ICC, Universal Jurisdiction, and the Challenges Ahead
Conclusion
Notes
2 The Ailing Empire’s Full Spectrum Dominance
Glen Ford
Note
3 Victoire Ingabire: Chronology of a Pinochet-style Case of Repression
Joseph Bukeye
Notes
4 The Fabrication of Evidence before the International Criminal Tribunal for Rwanda
Léopold Nsengiyumva
The Rwandan Law on Guilty Plea, Confession, and Forgiveness
Witness Protection
Witness Proofing
Notes
5 Charles Taylor: The Special Court for Sierra Leone and Questionable Verdicts
Chief Charles A. Taku
Introduction
Alleged Credible Examples for Future Trials
Questionable Legal Justification of Evidential Findings
Findings in Other Trials
Test of Judicial Scrutiny
Conclusion
Notes
6 The Seven Challenges for Truth and Justice in Rwanda
Théogène Rudasingwa*
Five Burdens
Seven Challenges
7 The ICC and Kenya: Going Beyond the Rhetoric
Chief Charles A. Taku
Introduction
Beyond the Rhetoric
Stepping on Sensitive Political, Ethnic, and Cultural Nerves
The Political Card
Conclusion
Notes
PART II The ad hoc International Criminal Tribunals
8 The Heart of Dark Jurisprudence
Philippe Larochelle
Highly Questionable Results
A Cloud of Secrecy
The Case for an Independent Review:II The East Timor Precedent
National Jurisdictions:II To Disclose or Not to Disclose
Acquittals: A Double Standard Prevails
Conclusion
Notes
9 Prosecutorial Failure to Disclose Exculpatory Material: A Death Knell to Fairness
Beth S. Lyons
Introduction
Rule 68: Does it “Level the Playing Field” Between Prosecution and Defence?
The “Military II” Case: Disclosure “As soon as practicable”??
Notes
10 Lessons Learned from the Bad Beginnings of The International Tribunal for Rwanda
André Sirois
Disorganisation and Causes of Conflict
Power Struggles
Racial and Ethnic Internal Conflicts
Absence of Working Tools
Complaints, Denunciations, and Requests for Investigation by Families of Victims
Problems of Language and Communication
Communications
Recruitment
Government Pressure
Financial Administration and Corruption
Waste
Embezzlement, Theft, and Corruption
Complaint to the Secretary General and Request for Investigation
Results and Consequences of the Investigations
And the Good Staff?
Notes
11 The Dubious Heritage of the International Criminal Tribunal for Rwanda
John Philpot
Impunity
Firing a Wayward Prosecutor
Referral to National Courts and Rwandan impunity
Myths and Lies
The War: An Internal or International Conflict?
Double Standard on Review Proceedings
Jean-Bosco Barayagwiza
Jean-Paul Akayesu
Lengthy Prejudgment Detention and Mistreatment of the Acquitted
The Behaviour of Judge Navanethem Pillay
Evidence and Defence
Conclusion
Notes
12 “The ICTR is war by other means” —Ramsey Clark
Phil Taylor
A Victory for the RPF and an Incitement to Further Crimes
Notes
PART III Universal Jurisdiction… in a Single Country
13 Transitional Justice in Rwanda and Democratic Republic of the Congo: From War to Peace?
Jordi Palou-Loverdos
Introduction
Transitional Justice Initiatives in Central Africa
Civil Societies, Justice Processes, and Peace Processes
The Spanish Two-Track Approach for Rwanda and the DRC
Criminal Charges: The Legal Approach
Justice and the Struggle against Impunity in Central Africa
Impact of the 2008 Spanish Court Decision
Universal Jurisdiction and Changes in Spanish Law
Dialogue among Rwandans
Notes
14 The Kuala Lumpur War Crimes Tribunal Interview with Professor Michel Chossudovsky
Notes
PART IV Justice for All?
15 And Justice for All? International Criminal Justice in the Time of High Expectations
Fannie Lafontaine and Érick Sullivan
Introduction
The Background: (Not) Living Up to Unrealistic Expectations
High Expectations for International Criminal Justice
An Unsurprising Mixed Legacy
The Way Forward: Pragmatic Justice as a Shared Responsibility
No Turning Back: An International Criminal Justice System Based on Unquestionable Foundations
A Shift Towards States
Conclusion
Notes
16 How the International Criminal Law Movement Undermined International Law — Michael Mandel’s Groundbreaking Analyses
David Jacobs
Notes
17 International Criminal Law: An Instrument of United States Foreign Policy
John Philpot
Introduction
Selective Prosecution: The Influence of the United States and Reconciliation
International Criminal Tribunal for Rwanda
The International Criminal Tribunal for the Former Yugoslavia
Special Court for Sierra Leone
No Appearance of Justice in the Charles Taylor Case
Extraordinary Chambers in the Courts of Cambodia
Special Tribunal for Lebanon (STL)
US War Crimes Ambassadors
International Criminal Court and Western Military Intervention
Kenya, the ICC, and the United States
Impunity at the ICC
Does World History Begin in 1990?
Notes
Conclusion
The International Criminal Tribunal for Rwanda and Trials
The International Criminal Court
War and Peace: Lessons
Only a Beginning
The Future
Notes
Contributors
Acknowledgements
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