Dissertations / Theses on the topic 'Crime de génocide'
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Fall, Astou. "Le traitement juridictionnel du crime de génocide et des crimes contre l'humanité commis au Rwanda." Thesis, Clermont-Ferrand 1, 2014. http://www.theses.fr/2014CLF10451.
Full textThe Tutsi genocide in Rwanda is singular in consider genocides of the XXth century. It is true by the number of victims, the speed and methods of implementation and, above all the number of the authors. These are more than one million Rwandan (Hutu) who participated directly in the massacres. Punishment of the massive crimes in a society in search of reconstruction, run into problems of group crime and individual responsibility. The scale and the speak of human tragedy needed specific treatment. Rwandan ordinary courts (replace by customary Courts called Gacaca), International Criminal Tribunal for Rwanda (created by United Nations Security Council) and lastly, national foreign jurisdictions are also begin simultaneously in application of the principle of universal jurisdiction. The interest of our scientific approach lies in the study of multilevel constitutionalism. This raises two obvious questions: What is the relevance of this justice model twenty years after the Rwandan tragedy? What has been the interim review of all the judgments handed down by the different jurisdictions?
Arzoumanian-Rumin, Naïri. "Le droit et la prévention du génocide." Aix-Marseille 3, 2009. http://www.theses.fr/2009AIX32069.
Full textThe legal approach to genocide developed since 1945, remains focused to a scope, namely the prosecution. Although the legal framework entails allows to comprehend the dynamic dimension of genocide, by taking into account various forms of participation and the multitude of perpetrators involved, the definition of genocide remains centered on the constitutive element of the crime of genocide and unable to grasp its complexity. Beyond a destructive act, genocide is an institutional process targeting a group. Acknowledging that, the prevention of genocide shall be renewed. On one hand, because resorting to and manipulating law is a recurring element within the genocide process, legal prevention is appropriate. On the other hand, genocide prevention shall be organised around both immediate/operational and structural response. While immediate/operational response aims to change the behaviour of the perpetrator(s) at an advanced stage of the genocidal process, the structural response aims to avoid the emergence and conjunction of a genocidal plan and the means to implement it. By acting specifically against this conjunction of will and means, structural prevention allows to address the dynamic of the crime of genocide, in both its substance (multiplicity of perpetrators and forms of participation) and its sequencing dimension (from the emergence of genocidal project to its implementation). It is, as such, the most effective way of preventing
Jurovics, Yann. "Le crime contre l'humanité : tentative de définition à la lumière du droit international et des droits internes." Paris 1, 2001. http://www.theses.fr/2001PA010251.
Full textBenages, Thomas. "La Convention pour la prévention et la répression du crime de génocide à l'épreuve du tribunal pénal international pour l'ex-Yougoslavie." Phd thesis, Université d'Auvergne - Clermont-Ferrand I, 2005. http://tel.archives-ouvertes.fr/tel-00662579.
Full textBardet, Marie. "La notion d'infraction internationale par nature : essai d'une analyse structurelle." Electronic Thesis or Diss., Bordeaux, 2020. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247218820.
Full textThe notion of international crimes by nature appeared with the post-war trials and has strengthened along with the development of international criminal law. If today the notion is fully recognized, it is still ill defined. It is generally recognized that the notion contains the most serious crimes but this criterion is much too elusive to be the basis of the notion’s definition. The purpose of the study is to clarify the contents and outlines of this particular legal category, by identifying stable criteria from the category’s crimes, that is to say crime of aggression, war crime, crime against humanity and genocide. Their legal structure provides a suitable starting point for the study. Indeed, all the crimes are organized around two elements : one contextual element and one individual element. The systematization of the crimes through these two components is conclusive. Such a systematization enables the identification of criteria to cover all the crimes considered and to gather them under a unitary notion. Therefore, the systematization reveals the originality of the conduct punished by the notion of international crimes by nature
Dumas, Hélène. "Juger le génocide sur les collines : une étude des procès gacaca au Rwanda (2006-2012)." Paris, EHESS, 2013. http://www.theses.fr/2013EHES0040.
Full textBased on an analysis of gacaca trials recordings, the thesis aims to reconstruct the mechanisms of the execution of the 1994 genocide of the Rwandan Tutsi at a micro-local level. The narratives of the experiences of the different actors, called together within a totally new judicial scene, where judges themselves are survivors or eye-witnesses to the events, form the core material of this work, which first explores the conditions of the elaboration of the testimonies, and then analyses their content. Rooted in the social and emotional worlds, the gacaca tribunals reveal the intimacy of the massacres, carried out in the heart of the vicinities of hills and neighbourhoods. The confessions of the killers, as well as the other narratives unfolding through the audiences, unveil the diversity and the complexity of the forms of engagement in the violence, making it possible to give an account of the fulgurating efficiency of the 1994 spring massacres. At the same time, the trials render the experiences of survival, at the moment of the event, and in the aftermath. For survivors, « that time» of the genocide (icyo gihe) represents the time of the cruel reversal of the neighbourhood, and sometimes, of their family. For the killers, on the other hand, the time of the massacres belongs to the continuity of the time of the war, off arming work or of cabaret sociability. The narrative of the micro-local history of the killings relies on a critical examination and on a long-term perspective of social actors' accounts, such as they were unfolded during the trials in their original language, kinyarwanda
Yankulije, Hilaire. "Le contentieux international pénal dans les pays inter-lacustres d’Afrique : de la guerre froide a la cour pénale internationale." Thesis, Perpignan, 2017. http://www.theses.fr/2017PERP0058.
Full textThis thesis aims at making an update compilation of the all crimes perpetrated in Democratic Republic of Congo, in Burundi in Uganda and in Rwanda. The above said crimes are those related to the international law judged and those to be judged by international criminal courts and tribunals. Our thesis articulates around four main sub topics. The first consist of studying the high moments of international criminal law and the place of this branch of law in international law arena. The second studies the high moments of mass killings in the inter-lacustrine region of Africa while the third identifies the crimes against the peace and security of humanity perpetrated in the above-mentioned region. These crimes include genocide, crimes against humanity and war crimes. The fourth and final area of focus demonstrates the forms of international criminal responsibility developed by Law case in International Criminal tribunal for Rwanda and in International criminal court as well. The present research explores broadly the genocide perpetrated against Tutsi in Rwanda and focuses on the elements of the massacres perpetrated against the hutu communities in Burundi, Rwanda and Democratic Republic of Congo on which genocide hypothesis is highly advanced by international community and some scholars. Moreover, this research has analyzed the jurisprudence of international courts and tribunals to study contextual elements and additional infractions to war crimes, and crimes against humanity. It provides a typical and comprehensive understanding of the groups protected by the international humanitarian law conventions and the scenarios in which this right has been violated. At the end, this work examines the liability in the crimes against the peace and security of humanity that have triggered the responsibility of criminals. The collective types of participation including joint criminal enterprises and command responsibility by taking the cases of study the massacres perpetrated in the above-mentioned region
Atbaiga, Faraj. "Les crimes contre l'humanité : entre droit et politique." Thesis, Paris 5, 2012. http://www.theses.fr/2012PA05D002.
Full textThe notion of crimes against humanity asserted itself after the Second World War. It took a new dimension in the bend of the 90's, after the Rwandan genocide, then the crimes committed against the Albanian civil populations in ex-Yugoslavia. Those events fed the debates, raised anxieties, and seem to have woken the " humanitarian consciousness " of the " international community ". This awakening also coincides - and it is not a fate - with the end of a bipolar world (fall of the Berlin Wall, collapse of the USSR and dislocation of the countries of the east block). So, the resurgence of the concept of crimes against humanity intervenes in a world in deep break; a break which produce its effects on the sense, the definition and the impact of the concept. In other words, the idea of crimes against humanity spreads in an unstable world where the right, more than ever, collides with the sovereignty of States and with the strategic and geopolitical interests of "Powerful", as shows of it the difficult gestation of the International Criminal Court (CPI). More concretely, the balance of power holds an important place and continue to rule the international relations, even in a domain which, in theory, should be consensual: the crimes against humanity. In this context, it is not surprising to see certain countries accused of crimes against humanity (Sudan, Somalia, Serbia, Libya), wheras others crimes and tortures (those committed in the Palestinian territories or by the American army in Iraq...) remain unpunished. This theme, basing on the idea that the power of right collides with the law of the strongest, could justify the idea according to which the concept of crimes against humanity is far from being a completely neutral concept. From there ensues the formulation of our hypothesis: while the crimes against humanity appear as a concept in search of identity, its application turns out difficult and seems to vary according to circumstances (variable-geometry)
Kaliski, Aurélia. "Pour une histoire culturelle du testimonial. De la notion de "témoignage" à celle de "création testimoniale"." Thesis, Paris 3, 2013. http://www.theses.fr/2013PA030179.
Full textThe status of testimony in knowledge has become a subject of questions, causing clashes between different disciplines through the use of distinct paradigms. From the observation of the recent "emergence" of the category of "testimony" in the literary field, this thesis attempts to describe its expansion and extension in several disciplines (law, history, philosophy, and critical literary theory), and examines the hypothesis that the progressive flooding of this concept in humanities and social sciences corresponds to a deep "crisis of witnessing". In an attempt to define the concept of "testimony" in literature as it appears during the twentieth century, this work aims at laying the foundations for a "cultural history" of testimonial gestures and notions of "testimony" in order to define an appropriate category for literary theory and criticism. Its goal is to understand how "testimony" became both a nebulous and central category in cultural life in the West, and highlights the specificity of testimonial forms in the twentieth century in the aftermath of the Holocaust, which must ultimately help clarify the concept of "testimony" and re-establish its complexity by introducing the notions of "testimonial literature", "testimonial work of art" and "testimonial creation". This thesis aims therefore primarily to recover the historical understanding of the concept, in order to make a fully operational category out of it for critical discourse, and to build the foundations of a "cultural history of testimonial gestures" which traces the encounter between art and testimony and explains the emergence, in literature, of a new form called "testimonial creation"
Naslednikov, Wladimir. "Naissance et développement du concept de crime contre l’humanité." Artois, 2009. http://www.theses.fr/2009ARTO0301.
Full textThe concept of crime against humanity cannot be understood as a simple legal notion. The study of this concept passes through five terms : Psychology, Law, History, Politics, Philosophy. Ciceron, saint Augustine, Vitoria, Erasmus, Grotius, built up a millenary doctrine about Humanitas, introducing the future concept of crime against humanity. The absolute vulnerability of human being is expressed in the 14th century by the concept of Summa paupertas. The negation of the very high poverty of Christ, by the pope claming an absolute power upon mankind, is understood by Guillaume d’Ockham (1285-1347) as a crime against humanity of Christ. A second meaning of the concept is given by Maximilien Robespierre in his writings “ Sur les événements du 10 août 1792 ”. Clemency towards royalty means a crime against people humanity. The King Louis XVI is called a “ criminel envers l’humanité ”. The third meaning of the concept becomes a legal incrimination during Nuremberg Trials (1945-1946). The legal and philosophical concept of crime against mankind humanity means at this moment the fall of Nazism. Stalingrad remembrance and Treblinka remembrance are linked in the concept of crime against humanity. Turkish trials (1919) about armenian genocide, Eichmann trial (1961) in Jerusalem about jewish genocide, and french trials (Klaus Barbie, 1987, Paul Touvier, 1994, Maurice Papon, 1998), express connection between the State criminality against civilian population and the crime against humanity. The creation of an International Criminal Tribunal (1993) for ex-Yougoslavia and for Rwanda (1994), and the constitution of a permanent International Criminal Court decided in Rome (1998), mean the worldwide institutionalization of the concept of crime against humanity
Sidoit, Véronique. "Du réel en question, entre effacement et mémoire après un crime de masse : le Cambodge." Thesis, Toulouse 2, 2016. http://www.theses.fr/2016TOU20020.
Full textAfter a mass crime or genocide, the work of memory may start from the regime’s fall, or after a certain latency. It articulates with what is called the duty of memory. In Cambodia, everyone agrees that forty years after the fall of the Khmer Rouge regime, there is no question of duty of memory, as an omerta seems to weigh on the events. The trial allowed a word to be released, and silence rises slightly. First, we will question the memory processes supported by the political and effects of appropriation of history by the subjects, and then the process of symbolization, inscription and treatment of the real by the symbolic. We will extract a tension between division (of the subject) and castration which we will find throughout this work. The question of the real is at the forefront, a real that has taken the form of jouissance of a fierce Other that destroyed methodically everything participated of symbolic landmarks : the destruction of the family, relationships, social institutions, and destruction of the language. It is through the testimony of victims but also actors in this drama we will discuss essential concepts to understand the processes of that genocide such as belief, ideology, and the ideal of purity. We will make a second wire of the braid we will keep all along the thesis, that of denial.Harm of the language, as many lalangue that the chain of signifiers, will have effects of destructuring that is still true nowadays. From Lacan’s theorization of discursive structures that organize the social link, we will verify our hypothesis, namely that the Capitalist Discourse thrives on the real of Khmer Rouge, that the real is preparing the way of this discourse. The current endemic corruption will be our ground of analysis, and we will check and confirm our hypothesis, with a small turning effect. We will complete this work with a hope for Cambodia, the practice of art, a way for a subjectivation of the real, and an obstacle for capitalist discourse
Casiez-Piolot, Lenaïg. "La responsabilité de prévenir." Thesis, Aix-Marseille, 2017. http://www.theses.fr/2017AIXM0329/document.
Full textThe responsibility to protect is a concept that is often associated with intervention, understood as the use of force against the State sovereignty. In reality, the responsibility to protect is divided into three distinct components: the responsibility to prevent, react and rebuild. While most studies focus on the reactive element of the responsibility to protect, this study will focus on the preventing aspect of this concept. Built on the report of the International commission on intervention and state sovereignty and the 2005 World summit outcome, the responsibility to prevent proposes a model for the prevention of mass crimes. This is based on a specific process within which operators are in charge of prevention, and act according to an identified mechanism. This formal model of the responsibility to prevent makes it possible to foresee it as a true tool of an international law of prevention. A review of the assessment of the responsibility to prevent highlights both the apparent successes and also the more discreet achievements. Even more than a visible factual result, the responsibility to prevent is a real addition to the existing law. It provides a complementary approach to prevent and reinforce the obligation to prevent genocide, as it appears in the 1948 Convention on the prevention and punishment of the crime of genocide
Tonetto, Fernanda Figueira. "Pilares para umnovo direito internacional." reponame:Biblioteca Digital de Teses e Dissertações da UFRGS, 2018. http://hdl.handle.net/10183/185087.
Full textComo resultado da Segunda Guerra Mundial, as instituições internacionais criaram um conjunto de direitos relacionados à essência da condição humana que são tão intuitivos quanto difíceis de sistematizar. Dessa emergência tem origem a estreita relação entre o direito internacional e a tutela de um núcleo intangível de valores da comunidade humana em seu conjunto, engendrados à luz das construções filosóficas e jurídicas do conceito de humanidade até o momento em que a mesma passou a ser protegida pelo direito internacional costumeiro e convencional. Essa proteção deu-se, de um lado, pelo direito internacional penal a partir da edificação do conceito de crime contra a humanidade e de genocídio, de modo a possibilitar a identificação do sentido de graves violações e, de outro lado, pelo direito internacional dos direitos humanos, naquilo em que se ocupou da salvaguarda do indivíduo enquanto ser ao mesmo tempo singular e coletivo, assim como dos direitos essenciais à preservação de sua condição humana. O problema maior que se apresenta diz respeito às difíceis interações do direito internacional com o direito nacional, agravado pela herança deixada pelos paradigmas do direito internacional clássico, o que nos leva a buscar responder à pergunta de como se comportam ou devem se comportar os Estados quando o direito internacional tem por objeto resguardar esse núcleo duro de valores humanos. Na presente tese, buscamos demonstrar que a proteção exercida sobretudo sob a base de proibições aporta ao direito internacional uma posição de supremacia que se liga ao seu caráter de jus cogens, de modo a impor obrigações tanto aos Estados quanto aos indivíduos.
Because of World War II, international institutions have created a set of rights related to the essence of the human condition that are as intuitive as they are difficult to systematize. The close relationship between international law and the protection of intangible values of the human community as a whole has its sources from this emergence. Indeed, these values were identified in the light of philosophical and legal constructions about the concept of humanity until the moment when it became protected by the customary and conventional international law. On the one hand, this protection came from the international criminal law and its enlightenment about the conception of crime against humanity and genocide, in a manner that it enabled the identification of the meaning of serious violations. On the other hand, this protection came likewise from international human rights law, in which it took care to safeguard the individual either as a singular and collective human being, as well as of the fundamental rights to the preservation of its human condition. The hardest problem that is presented here is about the difficult interactions between international law and national law. This problem is aggravated by the heritage left by the classic international law paradigms, which leads us to seek the answer concerning how the States react or how States must react when international law aims to safeguard these core human values. In this thesis, we seek to demonstrate that the protection exercised, especially on the basis of prohibitions, places international law in a position of supremacy linked to its character of jus cogens, in order to impose obligations over both States and individuals.
Figueira, Tonetto Fernanda. "Pour une suprématie du droit international dans la protection de valeurs intangibles de l’humanité." Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020031.
Full textBecause of World War II, international institutions have created a set of rights related to the essence of the human condition that are as intuitive as to systematize. The close relationship between international law and the protection of intangible values of the human community as a whole has its sources from this emergence. Indeed, these values were identified in the light of philosophical and legal constructions about the concept of humanity until the moment when it became protected by the customary and conventional international law. On the one hand, this protection came from the international criminal law and its enlightenment about the conception of crime against humanity and genocide, in a manner that it enabled the identification of the meaning of serious violations. On the other hand, this protection came likewise from international human rights law, in which it took care to safeguard the individual either as a singular and collective human being, as well as of the fundamental rights to the preservation of its human condition. The hardest problem that is presented here is about the difficult interactions between international law and national law. This problem is aggravated by the heritage left by the classic international law paradigms, which leads us to seek the answer concerning how the States react or how States must react when international law aims to safeguard these core human values. In this thesis, we seek to demonstrate that the protection exercised, especially on the basis of prohibitions, places international law in a position of supremacy linked to its character of jus cogens, in order to impose obligations over both States and individuals
Rahong, Séverin. "La cour penale internationale et les etats africains." Thesis, Perpignan, 2015. http://www.theses.fr/2015PERP0046.
Full textTwenty-one year after the creation of the International Tribunal for Rwanda and seventeen years after the signing of the Treaty of Rome giving rise to the International Criminal Court, the whistleblower fever that knows this institution is still not appeased. Is the ICC hostage ideals that justified its creation and antagonistic political forces which it nevertheless remains bound? African they commit more crime prosecuted before the Court that the national of other continents? If the study of legal proceedings arising from crimes committed in conflicts taking place on the African continent and in the analysis of the party proceedings of some African Heads of States stress the very important work to fight against impunity that makes the International Criminal Court, the outcome of this work, however, shows the collision of legal proceedings with international political imperatives. This research shows that if the ICC is an expansion of collective security, the effectiveness of its action and universalism are now in doubt, as to crystallize the reports of the international judicial body with the mainland African
Ukelo, Catherine. "Les prémices du génocide rwandais : Crise sociétale et baisse de la cohésion sociale." Caen, 2009. http://www.theses.fr/2009CAEN1557.
Full textOnce terror induced by crime resulting from genocide has faded, one can depict this crime as a slow growing process. Genocide is embedded in conditions particularly difficult on a social, economical as well as political level. It ends a slow growing process, where its instigators bring fear and suspicion from a particular group in the local population. This particular group will become its victims. Hence, instigators strive to loose the existing bonds between the local population, which features a majority of people, and the group that will be victimized. Taking the example of Rwanda, this study shows how a given situation ends up in the declining of social cohesion. Concentrating on the years 1990 to 1991, this study demonstrates how the “October war” started in 1990 is used by a group close to political power as a threshold. This group, fearing to loose its prerogatives as well as a source of income, targets the Tutsi population, disparaging it continually, what will progressively create a distance between Hutu and Tutsi. This distance ends in the massacres of the genocide, in 1994, to which a large amount of Hutu citizens take part. This study does not analyze the situation from the point of the instigators. It investigates rather the average citizens and how they socially related before and after the outbreak of the “October war”. It demonstrates that the destruction of social cohesion – how Sémelin asserts – occurs not after, but before the onset of the genocide
Edrosa, Martine. "L’inhumanité de l’humain : psychogenèse de la violence du tueur en série." Thesis, Lyon 2, 2014. http://www.theses.fr/2014LYO20084.
Full textHow shall we understand that a new born baby full of life and ready to embrace humanity might become one day a serial killer ? The purpose of this thesis is to study the psychogenesis of the serial killer violence through the analysis of the five key stages which are structuring human devel-opment : archaic stage, childish stage, latency stage, teenage & adult stages. This work is based on a clinical case and experts’ documents.My work is starting with a comparison with the clinical analysis of a genocide, which is de-fining serial killers’ criminality as a crime against humankind, and therefore leading us to rebuilding the different steps of their humanity breakdown process. The context, in which this criminality is emerging, lays in the confluence with a ruthless parental environment which has disorganized both the baby’s ownership of the genetically inherited human identity and the construction of a subjective identity. The serial killer criminality is considered as a “defense organization” aimed at protecting against a specific “primitive agony” (or “unthinkable anxiety”) which has “offended” the baby’s potential to humanity – in line with D.W. Winnicott’s theories.The serial killer’s violence is studied using a custom made theoretical and clinical construction, but it is also considered in the wider scope of human inhumanity. More importantly, this thesis aims at providing analysis and understanding which are accessible to neophyte readers looking for answers (victims and their families, field experts not used to psychoanalytic terminology)
Iyakaremye, Jean-Bosco. "La prévention du génocide: un défi possible à relever." Thesis, Université d'Ottawa / University of Ottawa, 2016. http://hdl.handle.net/10393/35233.
Full textWeisers, Marie-Anne. "Juger les crimes contre les Juifs: des Allemands devant les tribunaux belges, 1941-1951." Doctoral thesis, Universite Libre de Bruxelles, 2014. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/209269.
Full textDoctorat en Histoire, art et archéologie
info:eu-repo/semantics/nonPublished
Khalifa, Ahmed Fathy. "Les techniques d'imputation devant les juridictions pénales internationales : réflexion sur la responsabilité pénale individuelle." Thesis, Poitiers, 2012. http://www.theses.fr/2012POIT3017.
Full textThe establishment of International criminal tribunals raises the question of techniques of attributing criminal liability. Having the individual as « subject », the principle of individual criminal responsibility is at issue. On the one hand, International criminal law borrows traditional techniques of imputing liability from national law. Not only those techniques that depend on the completion of an international crime; as forms of perpetration and complicity, but also those that attribute responsibility independently of the completion of international crime; as attempt and specific incrimination of some forms of complicity. Individual criminal responsibility in its traditional connotation is confirmed. On the other hand, International criminal law forges new techniques of imputing liability to accommodate the collective nature of international crimes. Based on the idea of « group » action, associative techniques are introduced. As such, the responsibility for membership in criminal organisation, or even the responsibility for group crimes through notions like « joint criminal enterprise » or « joint control » are applied. In the meanwhile, the structural aspect of entities committing international crimes is taken in consideration. Superiors who manipulate organisations under their control are considered as indirect perpetrators. Also, superiors who fail to stop or to punish crimes committed by their subordinates are held responsible. Each one of these new techniques of imputing responsibility metamorphoses one or more aspects of what is generally intended by the principle of individual criminal responsibility. Reconstructing the notion seems due
Tavoso, Marie-Aude. "La définition des éléments constitutifs des crimes contre l'humanité, du génocide et des crimes de guerre : la nature de l'infraction internationale." Aix-Marseille 3, 2004. http://www.theses.fr/2004AIX32048.
Full textDuring the last ten year, international criminal law been characterized by a rapid evolution that raises some important questions. Despite the adoption of new rules incriminating crimes against humanity, genocide and war crimes and the exercise of jurisdiction over these crimes at the international and national level, the concept of international crime remains uncertain. A comaprative analysis between the heterogeneous sources of law and the different definitions of actus reus and mens rea is necessary to establish a practical criterion that distinguishes international crimes stricto sensu from common crimes. It appears in this study that there is a recognition of the collective nature of international criminality and a common evolution in crimes against humanity law and war crimes law towards a particular conception of culpability and criminal conduct and major specificity
Makpawo, Marc Essodomdoo. "La répression universelle des crimes internationaux. Études sur la compétence universelle des États et la compétence des juridictions pénales internationales." Thesis, Poitiers, 2016. http://www.theses.fr/2016POIT3018.
Full textThe principle of universal repression means that perpetrators of certain crimes must face justice, no matter where they are and regardless of where they committed their crimes, their nationality and that of their victims. This principle has nevertheless suffered in the wake of World War II, a mutation in both its foundations in its scope. First, introduced in international law in the eighteenth century for reasons related to the need to protect public spaces, it is now based on the requirement to protect common values, violations of these universally accepted values threatening the very foundations of the international legal order. Second, two factors are driving the evolution of the principle: the emergence, from 1990, a criminal justice with universal vocation, and increased at the same time, state claims in the application of universal jurisdiction. These two factors, linked by a dialectical relationship, therefore suggest a rereading of principle. This must indeed now be considered as being two-fold, both narrow and broad. Strictly speaking, it concerns the universal jurisdiction of States. Broadly, the principle refers both to universal jurisdiction states that the jurisdiction of international criminal courts, namely the ICTY, ICTR and the ICC. States and international criminal courts are part of the universal punishment, a framework marked by a normative interdependence, which will evolve into a functional complementarity
Dakessian, Rodney. "Les effets juridiques des massacres commis contre les Armeniens en 1915 et leurs modes de resolutions judiciaires et extrajudiciaires possibles." Thesis, Lyon 3, 2012. http://www.theses.fr/2012LYO30096/document.
Full textThe main purpose of my thesis is to study all the legal issues concerning the 'Armenian question'.First, the existence of the elements of the crime of genocide in 1915 at the conventional international law, made our first question to consider. Then, it was necessary to study the nature of the crime committed against the Ottoman Armenians in 1915.In addition, can Turkey be responsible for a crime committed by the Ottoman Empire, according to the principle of succession of States in international law, especially that the Turkish state was created in 1923?And in case of such responsibility, has Armenia the right to maintain a lawsuit against Turkey, especially at the time of the crime, there was no Armenian state?The victims were citizens of the Ottoman Empire but of Armenian descent.Also, the quality of Armenia to take legal action, by judicial or extrajudicial processes, must be studied, regarding especially to the principle of non-retroactivity of treaties, especially that in our case, the crime was committed in 1915, while the Genocide Convention was enacted in 1948.In fact, our thesis aims ultimately to bring the two countries closer and actually try to help reach the end of the conflict between them, perceive what gather them and not what divides them, and find a fair and objective solution for both countries, in order to help put an end to their historic dispute, and that through a realistic and impartial study, based on logic and the nature of things and the circumstances of the existing
Skoko, Andrej. "Le capitalisme de guerre : le droit pénal canadien face à la participation des compagnies aux crimes de guerre, crimes contre l'humanité et génocide." Thesis, Université Laval, 2011. http://www.theses.ulaval.ca/2011/28482/28482.pdf.
Full textTrichet, Florie, and Florie Trichet. "La spécialisation de la poursuite du génocide, des crimes contre l'humanité et des crimes de guerre : étude comparée des systèmes canadien et français." Master's thesis, Université Laval, 2017. http://hdl.handle.net/20.500.11794/27463.
Full textLe présent mémoire propose une analyse comparée des systèmes canadien et français relativement à la poursuite des crimes internationaux. Ces deux États ont adapté leur législation et mis en place, à des années d'intervalle, des unités spécialisées dans la poursuite de ces crimes. De telles poursuites portant sur des faits commis dans un État étranger plusieurs années auparavant, des questions principalement liées à leurs coûts ou aux impacts sur les relations internationales sont prises en compte par l'autorité nationale que ce soit au stade de la décision d'engager des poursuites ou ensuite lors de l'exercice de celles-ci. Ce mémoire se propose donc d'étudier les diverses mesures qui ont été prises par le Canada et par la France dans l'organisation de la spécialisation de leurs poursuites tout en composant avec les difficultés inhérentes à la nature des crimes commis. Les questions de l'existence d'un modèle commun et des évolutions à envisager permettront de nous guider dans les développements de cette étude.
Ternon, Yves. "Étude sur les génocides du 20e siècle (thèse sur travaux)." Paris 4, 1996. http://www.theses.fr/1996PA040045.
Full textThe following have been elaborated in three successive phases of ten years each. The work includes: - a history of German medicine under the national socialist regime: perversion of the medical profession by the concept of racial hygiene and antisemitism; laws of debarment and sterilization; physical elimination of patients in the psychiatric wards of the third Reich; and consequently, during the Second World War, subjection of concentration camp prisoners to criminal experimentation and collaboration of SS physicians in the implementation of the Jewish genocide. - a history of the Armenian genocide perpetrated during the First World War in the ottoman empire: Armenians, their past history, the Armenian problem during the ninetieth century; the Hamitic massacres; the young Turk revolution; the ideology of pan-turkism; the genocide of nineteen fifteen; the Armenian diaspora, consequences resulting from the negation of the genocide; the concepts of genocide and of the criminal state. A multidisciplinary approach: first legal, but also sociological, philosophical, psychological and foremost historical; a comparative analysis of five genocidal situations during the twentieth century: the Jewish, Gipsy, Armenian, Cambodian, and Rwandese genocides; considerations on criminality in the USSR; a description of genocidal massacres: crimes against humanity
Jacquelin, Mathieu. "L'incrimination de génocide : étude comparée du droit de la Cour pénale internationale et du droit français." Paris 1, 2010. http://www.theses.fr/2010PA010318.
Full textLiwerant, Sara. "L'aporie du droit face à la logique meurtrière des crimes contre l'humanité et des génocides : approches criminologique et anthropologique." Paris 10, 2004. http://www.theses.fr/2004PA100172.
Full textThis research articulates a criminological analysis perpetrators act of crimes against humanity and genocides with an anthropological analysis of international penal law's response. The analysis of collective "execution of the act" is carried out on the basis of the marks of the crime and of the discourses of the criminals. The mechanisms of the criminal process reveal that the suppression of the prohibition is institutionalized : law is confronted to a genuine "norm of murder". Confrontation with the crime unveils the representations that impose themselves on law. Confronted to an "unsayable" which is not that of the murder, law reconstructs the references, paradoxically on the premises of the logic of murder itself. The emergency to reinstaure the prohibition by international penal law leads to the necessity to renew a concept of law whose implicits are at the core of the paradox of collective murders. International penal law's explicit mission to restaure peace must be in line with the conceptions of law of its addresses
Sebuhoro, Célestin. "Quête de l'identité chez l'adolescent rwandais rescapé du génocide: approche développementale et différentielle." Doctoral thesis, Universite Libre de Bruxelles, 2005. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/210928.
Full textAshnan, Almoktar. "Le principe de complémentarité entre la cour pénale internationale et la juridiction pénale nationale." Thesis, Tours, 2015. http://www.theses.fr/2015TOUR1004/document.
Full textThe purpose of this research is to analyse the principle of complementarity, to show the specific character of the notion and to study its implementation in the light of the practice of the International criminal court (ICC) in order to highlight the political and legal obstacles. In accordance with Article 1, the Court is complementary to national criminal jurisdictions for crime of genocide, crimes against humanity, war crimes, and crime of aggression. Under this principle, national jurisdictions have priority over ICC but the Court’s jurisdiction takes over when a State lacks the technical or legal means, which are necessary to try and punish the perpetrators of such crimes, or if a rigged trial took place. Therefore, complementarity aims to bring an end to impunity for those responsible for the most serious crimes of international concern. The Rome Statute, namely with the provisions of Article 17, indicates how to implement complementarity according to the criteria for admissibility which are inability, unwillingness and seriousness. Articles 18 and 19, for their part, provide the mechanism of preliminary ruling regarding admissibility and challenge. Furthermore, the role of the Security Council regarding complementarity is also considered as essential to understand the effectiveness and the legal impact of this Court. Powers which are conferred under the Rome Statute and chapter VII of the United Nations Charter allow the Security Council to refer a situation to the ICC, to suspend an ICC investigation, to require States to cooperate with the ICC, or to qualify a crime as aggression, and this despite the fact that the independence of the investigation and of the trial is the backbone of criminal justice ensuring it is efficient
St-Michel, William. "Le lien entre les actes incriminés en tant que crimes contre l'humanité et l'attaque généralisée ou systématique : qui trop embrasse peut mal étreindre." Master's thesis, Université Laval, 2013. http://hdl.handle.net/20.500.11794/24614.
Full textActs penalized as crimes against humanity under the statutes of the international criminal judicial bodies can be distinguished from crimes punished under national law by the fact that they form part of a widespread or systematic attack directed against a civilian population and that they are committed with knowledge of such attack. Though crucial, the requirement relating to the nexus between the underlying act and the attack has been scarcely addressed by the case-law of the international criminal judicial bodies. This thesis aims to delineate the nexus requirement. In the first two chapters, we will analyze the material and mental aspects of the nexus requirement. Considering that crimes against humanity involve a plurality of participants, we will determine in the third chapter whether the guilt of an accused who is not a material perpetrator depends on the proof that his / her own conduct and knowledge were related to the attack.
Moyen, Ngnia-Ngama. "La répression, par les juridictions pénales internationales, des crimes de droit international commis dans les Grands lacs africains." Toulouse 1, 2011. http://www.theses.fr/2011TOU10009.
Full textThe repression of the most serious crimes regarding international law has been of continual interest. The trials in Nuremberg and Tokyo undertaken by the Charter of London in 1945 allowed the definition of war crimes, crimes against peace and crimes against humanity which led to establishing the premises of an international penal justice system. The idea of an international justice system is based on, in part, forbidding the recourse to force in international relations and/or internal. It is, therefore, the attempt to rectify the failings of internal judicial systems regarding repression that will be set up by the International Penal Tribunal in the former Yugoslavia in 1993 and the International Penal Tribunal in Rwanda in 1994 and then in 1998 with the International Penal Court. After briefly being used in Arusha in the Penal Tribunal in Rwanda, the situation is quite critical in Africa. Multiple dubious practices (mixing politics and law) used by governments in power and the tightening of internal law underline the limits of the legal structures in international justice. The principle of individual penal responsibility and the fight against impunity are at the heart of this work. The questions asked today are without a doubt the same that were asked in the 1940s : does the legal mechanism created by the international penal courts concerning the repression of serious crimes function ? What are the principle obstacles to applying this system of law ?
Dinguenza, Nzietsi Conchita. "L'ONU face à la crise rwandaise de 1990 à 1996." Thesis, Université de Lorraine, 2012. http://www.theses.fr/2012LORR0037/document.
Full textBefore the outbreak of hostilities between the RPF and the FAR in 1990, the United Nations became directly involved after both parties asked it to arbitrate the conflict. But the intervention of the UN and the deployment of peacekeepers that came after the agreement of Arusha in 1993 in order to accompany the agreements did not stop violence and the rise of Hutu extremism yet. The various resolutions of the UN Security Council, far from granting more power to peacekeepers, instead created a situation of stagnation favoring the resumption of fights in 1994 and the genocide of Tutsi and moderate Hutu. The humanitarian tragedy facing Rwanda during and after the clashes and massacres appeals us on the proper role of the United Nations in the management of this conflict in particular, and in the post-cold war world in general
Kulali, Yeliz. "Le noyau dur des crimes internationaux (core international crimes) commis envers les individus, particulièrement contre les membres des minorités : l'une des variables de l'essor du nouveau système international." Thesis, Strasbourg, 2015. http://www.theses.fr/2015STRAA019.
Full textCrimes against humanity, crimes against peace, war crimes and genocide constitute the hard core of most threatful acts to human and international security. They have been codified through the statutes of international criminal tribunals. Transnational crimes or treaty crimes are not codified in these statutes or they are narrowly codified. Examples of such crimes include the apartheid, torture, slavery, maritime piracy, and terrorism. According to the rules of international system transformation as defined by Morton Kaplan, one variable of the international system entails transformations and plays a role in the emergence of international systems. In this study, the hard core of international crimes is considered as one of the variables of the system. Thus, the bipolar system (1945-1991), the new world order (1991- 2001) and the new system after September 11 attacks are analysed. International Tribunals such as Nuremberg, Tokyo, for the former Yugoslavia, Rwanda and the International Penal Court constitute case studies
Coret, Laure. "Traumatismes collectifs et écriture de l' indicible : les romans de la réhumanisation (Afrique noire francophone, Amérique latine, Antilles)." Paris 8, 2007. http://octaviana.fr/document/135519926#?c=0&m=0&s=0&cv=0.
Full textThe novels and testimonies studied in this thesis were all produced or created as a response to a shared experience of terror and to a common experience, from the onesuffered in the postocolonial era to the specific experience of thegenocides of the XXth century. Our reading put them into dialogue because they collectively indicate the coming of an extreme violence and of its representation. We have identified the emergence of a literary field and evaluated its formal coherence. Collective Traumas and The Writing of the Unspeakable : Novels of Becoming Human Again (Francophone Africa, Latin America, Caribbean) is a comparatist analysis of the literatures of the South related to the triangular slave trade. We have then confronted this corpus to the writings of genocides reenvisioned through the Holocaust. Adopting postcolonial, sociological, psychoanalytical, and literary theoretical frameworks, we have envisioned the conditions of possibility and invariability of a literature of the After representing crimes against humanity from torture to genocide
Ngameni, Herman Blaise. "La diffusion du droit international pénal dans les ordres juridiques africains." Thesis, Clermont-Ferrand 1, 2014. http://www.theses.fr/2014CLF10457.
Full textToday, Africa is undoubtedly part of the world most affected by the commission of the most serious international crimes. Yet for decades, there are legal mechanisms to punish those responsible for crimes that shock the conscience of humanity. But the relative failure of these mechanisms can push the viewer to wonder if it is possible to ensure the dissemination of international criminal law on the African continent. This question is far from being incongruous, because even if a significant number of African states have ratified the Rome Statute that governs the fight against genocide, crimes against humanity, war crimes and the crime of aggression even, the fact remains that the application of the Statute in the different legal systems involved is often compromised. The main reason for this is that international criminal law does not necessarily take into account the legal peculiarities of the states that have yet the primacy of jurisdiction under the subsidiarity principle, to sanction the commission of international crimes by the conventional rules devolution of powers. In addition, it should be noted that Africa is the stomping ground of legal pluralism that promotes juxtaposition of the modern legal system and traditional law. If the first is normally receptive to criminal international standards, the second whether Muslim or customary with the example of the Rwandan Gacaca is based on a different legal philosophy from that of international criminal law. In all cases, the articulation of international criminal law with African legal systems is one of the conditions of release. This link could also be encouraged by the dialogue between national and international judges who must work in harmony to build an international criminal system; hence the need for African states to promote effective cooperation with international criminal courts. It goes without saying that all this will be possible only in democratic political systems which can waive the rules and legal practices anachronistic to press a criminal policy that can promote in a more or less distant future, a true universalism of international criminal law
Djimasde, Nodjioutengar Evariste. "Réflexions sur la contribution de la Francophonie dans la mise en oeuvre du statut de la Cour pénale internationale." Thesis, Lyon, 2017. http://www.theses.fr/2017LYSE3003.
Full textOn the basis of the Rome Statute and the reference or authoritative text from bodies or instances of Francophonie, this dissertation aims to highlight the contribution of this author in the fight against impunity. In fact, this is necessary to demonstrate that extremely serious offences laid down or defined and punishable by the Rome Statute are the clear opposite of humanistic values promoted by the International Organization of the Francophonie (IOF).The IOF consists of 56 states and governments, as well as 23 observers, 3 associates and 54 members in 5 continents. With 55 of members being states parties to the Rome Statute, sharing a wide institutional network and having 274 millions of people speaking a common language. The IOF, in spite of its imperfections, is equally legitimate and has the capacity to provide fresh momentum for the Rome Statute implementation process.To overcome the shortcomings of the present system of Francophonie, this dissertation particularly insists on the need or the importance to create in member’s states authorities or departments in order to mobilize and involve actors or partners to the implementation of the Rome Statute
Diop, Mamadou Falilou. "Essai de construction de poursuites d’auteurs de crimes internationaux à travers les mécanismes nationaux et régionaux." Thesis, Aix-Marseille, 2012. http://www.theses.fr/2012AIXM1066.
Full textInternational crimes constitute offences whose dramatic consequences affect the international community as a whole. This international community has committed itself to prosecute alleged perpetrators of these crimes through various legal mechanisms created by international criminal justice. The States are primarily responsible for ensuring the effective implementation of international criminal law. Consequently, when alleged perpetrators of international crimes are on the territory or under the jurisdiction of a given State, national authorities must prosecute them in their own national courts or extradite them to others States or international criminal courts when necessary. Since the Second World War, some States implement these international obligations by prosecuting international criminals. The national prosecution of international crimes faces many barriers related most of the time to a lack of financial resources or political will. This can also result from the inadequacy of some national legal systems, realpolitik, the need to safeguard inter-state relations... In addition to this, a supranational body compelling States to respect their international obligations to prosecute international crimes has not yet been created. Therefore, the legal involvement of regional human rights courts in the implementation of national prosecution of international crimes is necessary. This is the consequence of international requirements related to the pursuit of international criminals reminding the States of their legal duties
Sardachti, Marie-Jeanne. "La preuve et la responsabilité pénale des supérieurs hiérarchiques devant les juridictions pénales internationales." Thesis, Paris 11, 2011. http://www.theses.fr/2011PA111014.
Full textThis thesis deals with the study of the relationship between evidence and criminal responsibility of high ranking officers before international criminal courts. These courts judge the persons responsible for having committed mass crimes. The question is how they proceed, on which evidence they rely and which mode of participation is the most adequate to do so
Rutayisire, kibaki Aristide. "Interculturation des jeunes issus des viols génocidaires perpétrés sur les femmes tutsies en 1994 : approche interculturelle d’une construction identitaire complexe." Thesis, Amiens, 2017. http://www.theses.fr/2017AMIE0014/document.
Full textRWANDA was the worst scene of Tutsi genocide. Women have been victims of genocidal rape and from those rapes come children, bearing the brunt of maternal suffering, perhaps also the hope of their families. The initial trauma since their conception and their brutality in an indescribable cultural environment have placed these young people in a very difficult situation, even impossible, with a problematic identification characterized by the reference to both the genocidal rapist, the father, and to the survivor of the genocide, the raped mother. These young people are and become the materiality of crime, a product of unspeakable cruelty. How do they take-on their problematic intercultural identity ? How do they assume cleavage and tearing ?
Devouèze, Nelly. "Le droit à l'intégrité physique et mentale dans la jurisprudence internationale pénale." Thesis, Paris 5, 2012. http://www.theses.fr/2012PA05D008.
Full textThe roots of international criminal law may be found in the individual criminal liability of the major criminals of the Second World War. The Nuremberg and Tokyo International Military Tribunals were followed in the 1990's by the two ad hoc Tribunals for Former Yugoslavia and Rwanda, created by the United Nations Security Council, and then in 1998 by an independant and permanent tribunal with a universal vocation : the International Criminal Court. Among the underlying acts of war crimes, crimes against humanity and genocide, a leitmotif stands out : physical and mental integrity. Without a uniform definition in national legal systems, this notion is defined on the basis of statutory provisions and becomes clear in the international criminal tribunals' case law. Establishing an autonomous right to physical and mental integrity in terms of genocide and war crimes, the case law of ad hoc tribunals alsouses the notion to complete the liste of underlying acts of crimes against humanity and to define some other crimes. Chambers are also protecting this integrity without any incrimination. Because beyond physical and mental integrity of victimes, arises the question of the physical and mental integrity of other actors of conflicts and proceedings : soldiers, humanitarian workers, witnesses and accused.Studying the right to physical and mental integrity in international criminal case law uncovers the emergence of a right unknown to national legal systems as such. This right raises questions of legal certainty as much as demonstrates the autonomy of international criminal law
Hassan, Kamal. "Le statut des tribunaux ad hoc en droit international pénal." Thesis, Tours, 2015. http://www.theses.fr/2015TOUR1005/document.
Full textThe purpose of this thesis is to examine the ad hoc tribunals by analysing their definition in international public law, their founding legal principles, their jurisdiction over international crimes and their goals to determine wether there is a common international status for these tribunals.The implementation of the first ad hoc tribunals on the international stage after World War II, the IMT of Nuremberg and Tokyo, was due to the inability or unwillingness of the internal judicial system in the countries concerned to bring the perpetrators of war crimes to justice.Subsequently, nine ad hoc tribunals were established (either unilaterally by the Security Council or through an international agreement) with a view to prosecute the most monstrous crimes, such as crimes of genocide, crimes against humanity and war crimes. In this respect, we can say that the ad hoc tribunals benefit from all the mechanisms required to be efficient, such as individual criminal responsibility, primacy over nation courts and the obligation of States to cooperate,and they have succeeded to achieve the purpose of justice.However, in addition to their natural function to ensure justice, these tribunals had been given a further aim : to achieve international peace and security. They were not able to achieve this aim, because a legal body cannot reach a goal whose motives are political.After studying the status of the ad hoc tribunals and thus necessarily analysing all the texts which organise the function of these tribunals, we are in a position to confirm that the ad hoc tribunals will not be replaced by other judicial bodies, such as transitional justice or universal jurisdiction.Moreover, despite the entry into force of the ICC as a permanent court in 2002, new ad hoc tribunals will be established. Their status could be based on the common status and on our proposals
Bounda, Sosthène. "Le Comité international de la Croix-Rouge en Afrique centrale à la fin du XXe siècle : cas du Cameroun, du Congo Brazzaville, du Congo Kinshasa et du Gabon de 1960 à 1999." Thesis, Bordeaux 3, 2015. http://www.theses.fr/2015BOR30053/document.
Full textThe International Committee of the Red Cross ICRC abstract is a humanitarian organization founded in 1863 by the Committee of five Swiss citizens: Moynier, Henry Dunant, Guillaume Dufour, Louis Appia, ThéodoreMaunoir. Creates the basis for the relief and assistance to victims of war, an initiative of Henry Dunant from a memory of the War of Solferino, the ICRC will extend its scope after the Geneva Convention of 1949. In Indeed, the ICRC is the NGO most represented in the world and it is appropriate that it was price-Nobel Peace Prize in 1901 awarded to Henri Dunant, in 1917, 1944, 1963 for his effort during the different conflicts, but also the Balzan Prize for humanity, peace and brotherhood among peoples in 1996. It was established gradually in all continents after the Second World War. Before that, she was a mostly European NGOs. In Central Africa, the delegation of the International Red Cross is based in Yaounde, Cameroon and includes the Central African countries such as Congo, DR Congo, Gabon, Equatorial Guinea and Sao Tome. In these countries the work of the ICRC varies Humanitarian needs of each other. The more a country is at war, most of the ICRC's intervention is important. This procedure is done in accordance with the rules established in the various Geneva Conventions, the Hague and many others. Of these conferences was born on international humanitarian law that codifies the ICRC's work in the field, especially in time of war, but also those of other NGOs, including UN entities. International law is respect for human rights and the environment in times of armed conflict. Thus the ICRC's work in Central Africa was greater in Democratic Republic of Congo and Gabon, which remained without military conflicts since 1960, starting date of our chronological terminal. The countries that are the subject of our study experienced various vicissitudes: Bakassi war for Cameroon, the civil war in Congo Brazzaville and war multifaceted ending in the Democratic Republic of Congo. The intervention of the ICRC in time of peace is often left to National Societies must train rescuers dissemination of international humanitarian law, including their daily activities to beg governments in their health missions, hygiene. Even the ICRC mission in peacetime is damage limitation in time of war
Matignon, Emilie. "La justice en transition. Le cas du Burundi." Thesis, Pau, 2012. http://www.theses.fr/2012PAUU2015.
Full textAs an answer to cycles of mass violence in Burundi, a transitional justice process has been opened. The Burundian case study presents some particularities among this kind of process. Whereas the Arusha peace and reconciliation agreement for Burundi in 2000 decided setting up two transitional justice instruments, a special court and a Truth Reconciliation Commission, the transitional justice process has not begun yet. Only National Consultations were organized in 2009. The negotiations and the mediation occurred during the ongoing war. There were no winners and no losers but just armed men who decided to discuss in order to conquer the power and then to keep it. That may explain why negotiations were so longer and staggered. A sort of consociativisme system was set up in Burundi as the model organization of power-sharing. Inside the politic game of power-sharing the peace-justice dilemma appears through instrumentalization of retributive justice which is assimilated to justice and the truth and pardon which claim referring to peace. Another particularity is found regarding numerous judicial and legal reforms relatively to children rights, lands conflict, electoral law or Criminal Code. On the eve of the implementation of the Truth Reconciliation Commission, the global nature of the transitional justice process is obvious. The Burundian context appears as an illustration of the extensive meaning of transitional justice which represents a justice in transition. The global nature of the matter is emerging through its temporal and disciplinary versatility. On one hand, transitional justice seems to be past justice, currently justice and future justice at the same time and on the other hand it may take several forms out of the official one, initially predicted. In a legalist and normative view, global nature of justice in transition might cause deadlock regarding the case of Burundi. In a systemic and multidisciplinary perspective, global nature of justice in transition reveals change capacities according to the case of Burundi. What really matter in such transitional justice process is relieving victims and perpetrators’sufferings which are undeniably linked and bringing answers to each protagonist of the crime as to the society with the permanent and ambitious aim of reconciliation
Duro, Valérie. "Les questions contemporaines se rapportant au génocide et aux modes de participation au crime de génocide : application à la question du Darfour." Mémoire, 2010. http://www.archipel.uqam.ca/3396/1/M11507.pdf.
Full textDakuyo, Aboubacar. "Justice transitionnelle et responsabilités pour crimes de génocide : complémentarité ou contradiction?" Mémoire, 2014. http://www.archipel.uqam.ca/5942/1/M13237.pdf.
Full textRaymond, Émilie. "Justice pour les crimes contre l’humanité et génocides : point de vue et attentes des victimes." Thèse, 2010. http://hdl.handle.net/1866/4752.
Full textHuman rights violations cause thousands of victims every year. Justice mechanisms, such as the International Criminal Court, have been developed to respond to these crimes, but victims remain under consulted. In this study, semi-structured interviews were conducted with Rwandan and Cambodian victims of crimes against humanity. Using social justice theories as a theoretical framework, this study examines victims’ perceptions of justice. The results show that while criminal justice is central in victims’ definition of justice, reparation and truth also are essential components. However, the criminal court’s ability to achieve truth is criticized by respondents creating a gap between the truth that they seek and the truth that they obtain. The quality of decision-making as well as how victims are treated also contribute to victims’ perception of justice. However, victims’ justice objectives vary according to the social and historic context.
Drouin, Marc. "La guerre contre-insurrectionnelle guatémaltèque : sa généalogie, le déni des responsables et les sources historiques." Thèse, 2012. http://hdl.handle.net/1866/9696.
Full textCentral America, said to have harboured the Cold War’s last pitched battles, is the world’s most violent place today, according to the United Nations. This dissertation studies the form of irregular warfare that the Guatemalan state waged against its own population during the second half of the twentieth century. Through an analysis of a few extant perpetrator accounts as well as military and police sources, this study sheds light on the three main modes by which the Guatemalan government acted against individuals justly or falsely suspected of conspiring against an exclusionary status quo: kidnapping, torture and summary executions. Combined, these three separate acts constituted a covert apparatus of repression which, beginning in 1966, proved immensely efficient. As the weapon of choice for the practitioners of counterinsurgency warfare for over twenty years, the apparatus, not unlike a production line, allowed for the accumulation of intelligence that was essential for the prosecution of this kind of war, as well as the bodies that, in their perpetual absence or desecrated presence in the public domain, served as a deadly warning to the entire social body. Yet, what are the origins and history of this apparatus of state terror? Starting with the cited references in the Guatemalan military’s counter-insurgency field manual, the answer to this question led to French paratroopers for whom military defeat in Indochina and Algeria in the 1950s was not an option, and for whom victory justified all means necessary. The penchant of the pioneers of this form of no-holds-barred warfare for lectures, interviews and articles allowed us to study the methods they encouraged and to identify their tell-tale signs in Guatemala. While the war that justified the existence of this apparatus has ended, its reputable efficiency has allowed it to persevere among those who can afford to pay for its services today. In this sense, if the war has been formally over in Guatemala for over fifteen years, the counter-insurgency continues. This dissertation traces the roots of irregular warfare and how it played out in Guatemala. Historical sources, including state records and perpetrator accounts, make denial of the crimes committed in urban and rural settings, including genocide in 1982, ring hollow. Finally, present warning signs indicate that on-going violence and impunity in the country could lead to the repetition of such crimes in the future.