Dissertations / Theses on the topic 'Tribunal pénal international pour le Rwanda'
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Rovetta, Ornella. "Le Tribunal Pénal International pour le Rwanda comme source d'histoire?" Doctoral thesis, Universite Libre de Bruxelles, 2013. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/209561.
Full textLe fil conducteur de la thèse interroge la manière dont le Tribunal produit des archives. Comment une institution en devenir, produit-elle ses sources ?Cette interrogation entraîne deux questionnements :D’une part, comment analyser le devenir ou la constitution d’un Tribunal ?D’autre part, quelles sont, précisément, ces sources ?
Ces deux axes correspondent à la structuration de ce travail.
Dans la première partie, nous avons voulu mettre en exergue les débats et acteurs qui ont accompagné la création du Tribunal. En croisant les sources issues des archives des procès, des États, des organisations internationales ou des ONG, ainsi que par des entretiens, elle propose une entrée en matière concrète de l’histoire du Tribunal. Pourquoi crée-t-on ce Tribunal ?Quels sont les débats qui l’accompagnent ?Quels en sont les acteurs ?Ce retour sur les débats qui ont modelé le TPIR a permis de mettre en lumière un balisage du terrain judiciaire impliquant une grande diversité d’acteurs et de facteurs.
La deuxième partie, « Le procès Akayesu », propose une étude micro-historique du premier procès, débuté en janvier 1997 et clôturé en septembre 1998. Comment le procès a-t-il fonctionné au jour-le-jour ?Qui en sont les acteurs ?Comment s’est opérée la lecture judiciaire des faits qui se sont déroulés dans la commune de Taba, dont le bourgmestre, Jean-Paul Akayesu, était jugé ?Nous proposons dans cette deuxième partie un travail de contextualisation des sources issues du procès en interrogeant le dispositif et le formatage judiciaires qui sont à l’œuvre à tous les stades de la procédure. Par une approche fondée sur les archives judiciaires du procès, l’objectif est de mettre en lumière les différentes narrations et les dynamiques du procès. Si notre démarche a pris comme point focal ce premier procès, nous tentons constamment de le replacer dans un contexte élargi. Ce travail a voulu amorcer une ouverture vers l’étude d’autres procès, en mettant en exergue les ramifications de ce procès avec d’autres affaires. À travers cette contextualisation, nous avons également souhaité interroger, en historienne, la manière dont on peut se servir de ces sources. Nous avons en effet voulu aller au-delà de la critique des sources, afin de mettre en œuvre un essai d’histoire au plus près du terrain et portant sur la commune et la région concernées dans le procès.
Doctorat en Histoire, art et archéologie
info:eu-repo/semantics/nonPublished
Bizimana, Jean Damascène. "La contribution du Tribunal criminel international pour le Rwanda à l'édification de la justice pénale internationale." Toulouse 1, 2004. http://www.theses.fr/2004TOU10001.
Full textFourcans, Claire. "Les violences sexuelles devant les juridictions pénales internationales." Paris 10, 2007. http://www.theses.fr/2007PA100077.
Full textThis thesis concentrates on the treatment of sexual violence by international criminal courts. The International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda, the Special Court for Sierra Leone and the International Criminal Court are the subject of this study. Based on the feminist legal theory, this research questions whether the applicable law and the procedure before the international criminal courts make an end to the silences surrounding sexual violence committed during armed conflict and humanitarian crisis. International criminal rules should lead to restore the equality between men and women which has been broken by sexual violence. Definitions, qualifications, forms of liability, sentences pronounced to punish sexual violence are analysed in that perspective. Procedural rules related to the proving and to the protection, the participation and the reparation of victims are also studied. International Criminal Tribunals have only partially achieved the goal here addressed. The International Criminal Court may bring more results in the future
Baruani, Saleh José. "Le tribunal pénal international pour le Rwanda et l'accusé : la fonction juridictionnelle face aux objectifs politiques de paix et de réconciliation nationale." Reims, 2010. http://www.theses.fr/2010REIMD006.
Full textThe International Criminal Tribunal for Rwanda in appearance created to try to prosecute perpetrators of violations of international humanitarian law which were committed in Rwanda in 1994. The preamble of Resolution 955 of the Security Council United Nations, which is the source of that court, said that this main organ of the United Nations was convinced that the advent of international criminal justice for Rwanda would contribute to peace and national reconciliation. Fifteen years after its creation, the exercise of the judicial function, by protecting the accused in terms of fair trial, and the establishment of their international criminal responsibility, does not therefore allow these political objectives. The main reason lies in the fact that the architecture of international criminal trials takes part not much in the achievement of such a political design policy. Includes through the function of the penalty, which applies only to the retributive function and not rehabilitative, and the absence of the victim as a partner in a plan that was first created for her, and this, on behalf of human rights. In addition, the progressist approach, although present in the interpretation of rules, influenced moreover by political considerations (diplomatic) did not allow this Court to express itself as a real court, including through the protective function of the defendants. It shows well the challenges faced by the international criminal court to extricate formalism law enforcement due to its international character, without the risk of distorting the judicial nature, and therefore repressive
Ndayisaba, Edison. "Le Tribunal pénal international pour le Rwanda face à sa mission : Contribution à l'étude des limites des juridctions internationales répressives." Thesis, Antilles, 2017. http://www.theses.fr/2017ANTI0161/document.
Full textFollowing the resumption of hostilities after the air Strike on President Habyarimana's plane, there was a violation of the ceasefire signed in Arusha (Tanzania) on 4 August 1993 between the Rwandan government and the rebellion of the Rwandan Patriotic Front , and a war Civil war broke out in Rwanda. During this civil war, many serious violations of international law were committed. As the various United Nations investigations found that these violations could be characterized as genocide, crimes against humanity and war crimes, they recommended the establishment of an international criminal court to punish the perpetrators. Thus, the United Nations Security Council, having found that these crimes and the humanitarian crisis in Rwanda constituted a threat to the peace, created, at its meeting on 8 November 1994, the International Criminal Tribunal for Rwanda (ICTR). He assigned him the task of prosecute all those involved in these crimes in Rwanda and in neighboring countries in 1994, with a view to contribute to the maintenance of peace in the African Great Lakes region and to national reconciliation in Rwanda.The legality of the creation of a criminal jurisdiction under Chapter VII of the Charter for the United Nations Security Council was analyzed. As to the adequacy of this measure to the context, the punishment of perpetrators should contribute to the maintenance of peace and national reconciliation through deterrence and the pedagogical aspect of judgments.However, at the close of the ICTR's work in 2014, the Office of the Prosecutor had not prosecuted any member of the RPF despite well-documented reports involving the crimes committed. Accordingly, no investigation has been carried out to elucidate the circumstances of the attack on the Rwandan president's plane, which the UN recognized as the trigger for the genocide.The ICTR's work has had legal limitations, based on both basic texts and the inappropriate prosecution strategy of the Office of the Prosecutor, and on the interference of Political factors that limited the work of the Office of the Prosecutor. These factors have made the action of the ICTR criticized and regarded by some observers as a justice of the victor.As a result of this partial and selective repression, the ICTR has not made any contribution to the maintenance of peace in the Great Lakes region. Impunity granted to members of a party to the Rwandan conflict has favored the export of armed violence to the Democratic Republic of Congo, where serious crimes have been committed since 1996. As for the contribution to national reconciliation, partial repression Has served rather to crystallize the frustrations that could, in the future, generate another political crisis more important than that of 1994.In order to remedy the errors of the ICTR, it was recommended that the international community, without extending the jurisdiction of the ICTR ratione temporis, could create another ad hoc international criminal tribunal to punish the perpetrators of crimes committed in Rwanda and Congo, and whose impunity risks perpetuating instability and violence in the region
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
Al, Serhan Hakem. "La définition du crime contre l'humanité dans la jurisprudence des tribunaux pénaux et internationaux ad hoc. "Ex-Yougoslavie et Rwanda"." Poitiers, 2011. http://www.theses.fr/2011POIT3008.
Full textF crime against humanity is representative of the crimes committed during the last century still seems incredibly relevant today. It’s in the heart of International criminal law and judged by judicial authorities such as the ICT. The International Criminal Tribunal for the former Yugoslavia and Rwanda created by the United Nations Organization and institutionalized to judge all the persons having committed crimes in these two regions, have contributed to the development of the International law. The judges of these courts have, while referring to the existing legal authorities, in particular those resulting from exactions committed during the Second World War, have participated in the construction of a definition of crimes against humanity including the crime of genocide. Crime against humanity appears on articles 3 and 5 of the Statutes of the ICTR and the ICTY and the crime of genocide appears on articles 2 and 4 of the said Statutes. The offences related to crimes against humanity and crime of genocide have allowed the precedents of both courts to lead to precise definitions. On the contrary, some of these related offenses have led to debates which ended sometimes or not to a definition. The ICT judges showed their investment in the definition of each of these crimes and have allowed to establish solid basis to the Statute of the actual judicial authority that is the ICC
Hategekimina, Sylvère. "La justice pénale restaurative : essai de sa mise en oeuvre dans les juridictions Gacaca au Rwanda." Nantes, 2009. http://www.theses.fr/2009NANT4014.
Full textThe main missions of restorative justice are to establish common rules, dedicate time for a peacefull debate, adopt a common target, name all the particpants, give them the opportunity to testify, to present their evidence or their argument listen and talk to each other, to negociate reconcile and to deliver a verdict under well defined boundaries. It took strong political will to avoid what was inevitable after the genocide, the complete implosion of the country, and to bring back basic rules for life in common. The penal sytem was unprepared for these unprecedented events and had to put its decision into test or sometimes made mistakes. Gacaca jurisdictions are in their early stage and the the way they work is not beyond criticism or difficulties. It's obvious that justice must be delivered after a genocide because a new moral order has to be established back into Society. Law enforcement and to be law abiding citizens are two goals that must be shared by all Rwandans. Therefore, the survivors of this genocide are entitled to some kind of reparation for the loss, all the sufferings endured. The genocidaires also have to face up to all the consequences of their crimes, to be shown the full extend of these crimes. This overwhelming task of judging the genocide and theses crimes against humanity should not deter Gacaca jurisdictions from their duty to reconcile and to give all Rwandans, genocidaires and survivorsalike, the will and desire to live again together
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
Nguyen, Déborah. "Le statut des victimes dans la pratique des Juridictions Pénales Internationales." Thesis, Lyon 3, 2014. http://www.theses.fr/2014LYO30046/document.
Full textThe recognition of the right to participate and the right to reparation to the victimes is the most remarkable evolution of these last decades in the national laws and in the International Criminal Justice. The International Criminal Jurisdictions built the victims’ status. Confronted to innovative concepts, the judges have to create precedents and organise the modalities of the victim’s rights. They have to combine the coordination of the legal representation of thousands of victims with the necessity of justice. In view of the first decisions, the place of the victimes is established since the judges grant them the right to participate. However, their interpretation of the rules brings serious limitations to the rights of the victims in the practice. The victims’ participation is not fully applied and their reparation turns out to be exceptionnal. So, the interest of the jurisprudence study resides in the determination of the real status of the victims in the international trial and the importance of the granted rights. Positive evolutions can be made in favor of the recognition of the status of parties in the trial and the effectiveness of the rigths of the victims
Mouzer, Frédérique. "Les relations entre le gouvernement intérimaire rwandais et la communauté internationale (8 avril-18 juillet 1994)." Thesis, Normandie, 2018. http://www.theses.fr/2018NORMLH23.
Full textAn analysis of relations between the interim government of Rwanda and the international community during the genocide of 1994 demonstrates how political, even geopolitical, factors were given priority over strictly judicial and humanitarian considerations by the UN and the third-party states most implicated in this crisis (Belgium, France, the USA). The progressive marginalisation of the interim government on the international scene, at the time when it was soliciting external help to put a stop to the massacres, did not see a reinforcement of staff or of the mandate of the United Nations Assistance Mission for Rwanda (UNAMIR), which nonetheless constituted the principal demand of the Rwandan authorities to the Security Council.This disengagement on the part of the international community happened to the detriment of the security and protection of the civil population under threat. At the same time the criminalisation of this government contributed to the endorsement of a military outcome to the conflict ; the outcome desired by the rebellion of the Rwandan Patriotic Front (RPF), contravening the Arusha Accords signed in 1993. The presumption of guilt attached to the government camp subsequently had a strong impact on international justice, as the International Criminal Tribunal for Rwanda (ICTR) had failed in its mission of judging all the perpetrators of crimes committed in 1994, and of favorising national reconciliation, due to its lack of impartiality and independence as much at the level of investigation and prosecution as at the level of the delivery of the judgments and their enactment
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
Abass, Abou. "Les actions autoritaires du Conseil de sécurité en Afrique depuis la fin de la guerre froide : sanctions, activités à caractère militaire et action pénale." Aix-Marseille 3, 2007. http://www.theses.fr/2007AIX32032.
Full textAs the UN organ in charge of the primary responsibility for the maintenance of the international peace and security, the Security Council has important powers. It is competent to conduct two main types of actions : cooperative or consensual actions consisting in activities of the maintenance of international peace and security which the Council takes on a purely cooperative and consensual basis, from one hand, and authority actions whose main features reside in the facts that they are conducted in application of the coercive powers of the Council, on discretional and unilateral backgrounds, and that their validity does not depend on any recent consent of subjects external to the Council. As a result of the blockages the Council has experimented during the Cold War, recourse to the authority actions has been rather scarce in the its practice during this period. Since its reactivation at the beginning the 1990s, the Council has taken a big number of authority actions in different regions of the Word, especially in Africa which has become a privileged ground of action of the UN. Through this dissertation, we have tried to see whether the socio-political realities of the African regional order confer to the relevant UN actions some specificity, and thus verify if the application of the secondary law represented by the relevant resolutions of the Security Council related to Africa has some specificities directly resulting from the said realties. To answer these questions, we have first onceptualised the notion of authority actions, before identifying the African regional order and its particularities, showing the actuality of the subject and, particularly by making a detailed study of the relevant authority actions : sanctions, military activities and prosecution of international crimes. The final conclusion is that, if the authority actions of the Council are not totally deprived of originalities, these do not go as far as constitutingsubstantial legal specificities. Rather, they are only limited to some incidental specificities dictated by the necessity of adapting the UN operational actions to some socio-political realities of the African regional order : multiplicity of conflicts, complexity and increasing regionalisation of African conflicts; existence of an important demand for UN interventions; and the place occupied by Africa in the priorities of the Security Council. Hence, the specificities of the Security Council’s authority actions in Africa are rather marginal. They are incidental and not juridical. Last, the halftone balance of the relevant actions reflects the same tendencies as in the equivalent actions related to other regions of the globe, all of this contributing to make these actions relatively unspecific
Bu, Zubar Mohammed. "Le Tribunal pénal international pour l'ex-Yougoslavie." Poitiers, 1999. http://www.theses.fr/1999POIT3013.
Full textBelbenoit-Avich, Pierre. "Contribution au bilan des tribunaux pénaux internationaux pour l'Ex-Yougoslavie et le Rwanda : la responsabilité pénale internationale individuelle : les crimes de guerre." Montpellier 1, 2008. http://www.theses.fr/2008MON10002.
Full textThe international criminal tribunals for the Former Yugoslavia and Rwanda, created by the Security Council on the basis of Chapter VII, are intrusted with the responsibility to work towards peace building and security in the Balkans and the Great Lakes region. They constitute a crucial resurrection of the principle of international criminal law, fifty years after Nuremberg and Tokyo. Faced with the weakness of the legal sources, the judges had to put together a scheme in order to administer justice. Naturally, they turned down functional immunity as well as justifications connected with law authority and superior orders. Their case law follows a strict policy as for duress and state of necessity. The three configurations of joint criminal enterprise integrated by the Appeal Chamber in the TADIĆ case and the responsibilisation of superiors intend to target “true” responsibilities and to act as a deterrent at the same time. Furthermore, in order to define war crimes, the international criminal tribunals had to analyse – and affirm – the “state” of the customary international humanitarian criminalized law concerning international and internal armed conflicts. The purpose of this thesis is to emphasize the strong determination of their case law, which will inspire the International Criminal Court
Poullard, Axel. "L'autorité face à la force : le tribunal pénal international pour l'ex-Yougoslavie." Paris, EHESS, 2003. http://www.theses.fr/2003EHES0160.
Full textCarter, Raymond H. A. "La procédure devant le Tribunal pénal international pour l'ex-Yougoslavie : nature autonome ou copie d'un système." Poitiers, 2004. http://www.theses.fr/2004POIT3016.
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 textFall, 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?
Lorin, de la Grandmaison Geoffroy. "Enjeux éthiques et déontologiques de la participation du médecin légiste au tribunal pénal international pour l'ex-Yougoslavie." Paris 5, 2006. http://www.theses.fr/2006PA05N29S.
Full textScalia, Damien. "Le droit international pénal à l'épreuve de la légalité des peines." Paris 10, 2009. http://www.theses.fr/2009PA100074.
Full textThe principle of the legality of penalties, as formulated by Enlightenment Philosophers with reference to formal criteria, is a fundamental principle of criminal law. Nowadays, it is defined according to material criteria (predictability, accessibility and quality of the law) and its objective remains to guarantee individual freedoms and legal security. International criminal law as applied by international criminal jurisdictions (International Criminal Tribunals for former Yugoslavia and Rwanda and International Criminal Court) cannot escape the obligation to respect the legality of penalties, even more so as the sole penalty applicable at the international level (imprisonment) threatens a most essential protected legal good: individual freedom. The first Part of the present Thesis demonstrates how international jurisdictions do not respect the principle of legality of penalty. In the second Part, the author explains that this lack of respect has various causes, notably the fact that the sources of the law do not deal with penalties, an incoherent jurisprudence, but also the inadequate objectives that are currently attached to this law. Therefore, a new definition of the objectives and finalities of international criminal law and the implementation of an international criminal code that would list the penalty attached to every infraction are essential. These essential adjustments stem from the fact that the criminal tool applied in international law has sometimes served the objectives that some wanted to attach to it instead of those that should be its own
Stroh, Dagmar Patricia. "Die nationale Zusammenarbeit mit den internationalen Straftribunalen für das ehemalige Jugoslawien und für Ruanda /." Berlin : Springer, 2002. http://catalogue.bnf.fr/ark:/12148/cb392500120.
Full textMention parallèle de titre ou de responsabilité : State cooperation with the International criminal tribunals for the former Yougoslavia and for Rwanda. Textes en allemand, résumé en anglais. Bibliogr. p. [381]-394. Index.
Abou, Kasm Antonios. "Le Tribunal spécial pour le Liban : défis juridiques et enjeux stratégiques." Thesis, Grenoble, 2012. http://www.theses.fr/2012GREND006.
Full textThe Special Tribunal for Lebanon (STL) is created through a bilateral agreement concluded between the UN and the Lebanese Government; but its essential instruments didn’t come into force until the adoption of the binding resolution 1757 (2007) of the Security Council adopted under Chapter VII of the UN Charter. The STL, sitting in the Netherlands, composed of foreign and Lebanese judges, is an internationalized criminal tribunal sui generis. Its primary mandate consists on prosecuting those responsible for the 14th February 2005 attempt which caused the death of the former Lebanese Prime Minister Rafic HARIRI and 22 other people; nevertheless the STL’s jurisdiction can be extended to cover connected attacks. Many features distinguish the STL, since it is the first criminal tribunal that was created under the UN’s framework outside of the International humanitarian law’s discipline; it judges terrorism crimes in peace time under the Lebanese domestic law; moreover, it is the first international criminal tribunal which holds trials in absentia, establishes an Office for the Defense as an autonomous organ equally with the Office of the Prosecutor giving the defense counsel large powers. The STL works according to its proper Rules of Procedure and Evidence – adopted by its judges – associating the civil law system and the common law system. The STL’s functioning confronts legal challenges due to its combined funding mechanism, assured by the conventional contribution of the Lebanese Government as by the voluntary contributions of member States; or due to its restricted primacy limited only to Lebanese courts, arising a problematical horizontal cooperation. In addition, the STL’s Statute expresses reluctance on the immunities’ question. The implementation of the STL has created a large political controversy in Lebanon; its work in an unstable geopolitical framework triggers relevant strategic issues having impacts on the political scene in Lebanon and Middle-East. The STL incurs strategic challenges since its first indictment incriminates Hezbollah members – an armed resistance against Israel – ally of Iran and Syria. The Arab spring and its implications on the Syrian revolution generate instability to the political and security conditions of Lebanon, alerting a new series of terrorist attempts. The main mission of the STL consists to end impunity in Lebanon related first and foremost to political assassinations. The STL is considered as an instrument of selective justice since it is established only to judge a single attempt and a small number of connected crimes in a restricted spatiotemporal framework, whereas a large number of serious crimes of International humanitarian law and political crimes perpetrated in Lebanon are still unpunished. For its detractors, the STL embodies the dilemma between "civil peace" and "international justice", although its finality seeks to consolidate the national reconciliation through the discovery of the truth
Mbala, John Francis. "Un "Nazisme tropical" : le génocide des Rwandais tutsi." Amiens, 2004. http://www.theses.fr/2004AMIE0056.
Full text"Never again!" Does this slogan that emerged in the aftermath of the Second World War following the Holocaust still hold true with regard to the inability of the international community to prevent a drama, including a genocide, at the end of the 20th century? Indeed, despite the Convention of December 9, 1948 on the prevention and punishment of the crime of genocide between April 6 and June 1994, more than 800,000 Tutsi were horribly massacred for the simple fact of being born Tutsis during a civil war. This aspect, among others, opens a conversation on the comparative approach during which the Jews were victims of Nazism, Hitler having reproached them for being born Jewish. However, can we compare genocides? What exactly is genocide? What is the difference between a crime against humanity and genocide? Trying to respond to the question, into which theoretical framework the Rwandan Tutsi genocide fits, in regards to preceeding genocides and beyond the certain "dogma of the Holocaust's uniqueness. " Because of the Rwandan genocide, for more than a decade the African Great Lakes' régional disequilibrium contributes to a redistribution of the cards on the geopolitical map at the price of grave violations of human rights in countries such as the Democratie Republic of the Congo
Gemählich, Matthias. ""Notre combat pour la paix" : la France et le procès de Nuremberg 1945/46." Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01H075.
Full textThe dissertation examines the French contribution to the Trial of the Major German War Criminals before the International Military Tribunal (IMT) at Nuremberg in 1945/46 in its political and judicial dimension
Vukpaljaj, Anton. "Le Tribunal Pénal International pour l' ex-Yougoslavie (TPIY) et les acteurs politiques nationaux : la Serbie, la Croatie et la Bosnie-Herzégovine à l'épreuve du jugement des crimes de guerre." Thesis, Paris 10, 2009. http://www.theses.fr/2009PA100064.
Full textThis thesis constitutes a reflection on the co-operation of Bosnia-Herzegovina, Croatia and Serbia with the International Criminal Tribunal for the former Yugoslavia (ICTY). The unstable situation of this area posed a certain number of problems and difficulties to the Court to conclude its action in the observation of the infringements, the gathering of the evidence and research of the authors before their judgment. Serbian and Croatian nationalists will use the question of the co-operation with the Court to reinforce their influence on the institutions of their respective countries. In Bosnia-Herzegovina they delay the dismantling of the parallel structures which they had set up during the war. In Croatia, the Tudjman government refuses to cooperate with the Court by fear to see him associated with the crimes committed by the Croats in Bosnia. In Serbia, each election becomes an anti-ICTY plebiscite and makes it possible for the Radicals to become the first political force of the Country. The various political forces tear in connection with the co-operation with the Court. Thus, the arrest and the transfer in The Hague of Slobodan Milosevic, in July 2001, caused the bursting of the coalition of the DOS (Demokratska Opozicija Srbije) which had reversed the former president in October 2000. The murderer of the Serbian Prime Minister, Zoran Djindjic, a former paramilitary, declared on the day of his arrest that he had killed the Prime Minister by fear to see himself arrested and transferred to The Hague. The question of cooperating with the ICTY weighed like a sword of Damocles over the head of the successive Serbian and Croatian governments
Sarajlija, Sanja. "La Bosnie-Herzégovine et le juge international : Les individus de l'Etat face à la justice internationale." Strasbourg, 2011. http://www.theses.fr/2011STRA4008.
Full textFurther to serious violations of international humanitarian law committed in the territory of the former Yugoslavia, the Security Council established the International Criminal Tribunal for the former Yugoslavia. The jurisprudence of the tribunal concerning the territory of Bosnia and Herzegovina was particularly important for its contribution to international criminal law. Crimes committed in Bosnia and Herzegovina have not been treated only with regard to individual criminal responsibility, but also in relation to State responsibility. On 26 February 2007, the International Court of Justice issued its judgment regarding responsibility of Serbia for genocide committed in Bosnia and Herzegovina. The International Court of Justice has provided many details on the matter. Thus, for crimes committed in Bosnia and Herzegovina during the armed conflicts, international justice is faced with many complexities. Indeed, in this case, there is the relationship between individual criminal responsibility and State responsibility
Jovanović, Miloš. "Légitimité et légitimation du recours à la force dans l'après-guerre froide : Étude de cas : l'intervention militaire de l'OTAN contre la République fédérale de Yougoslavie (1999)." Paris 1, 2010. http://www.theses.fr/2010PA010325.
Full textShkurti, Ledina. "Les organisations internationales et la question des Balkans." Toulouse 1, 2011. http://www.theses.fr/2011TOU10007.
Full textThe Balkan crisis of the 1990s has revealed the need for the reunification of the European continent as well as the need for a full integration of the Balkans into the relevant regional organizations. Indeed, the absence of a comprehensive approach as well as the lack of coordination have been major obstacles to the effective cooperation between the different international organizations involved in the region, as illustrated by the failures in the former Yugoslavia. Therefore, a new strategic, comprehensive and coordinated approach was indispensable. The study aims to examine the contribution of international and regional organizations to the peacemaking and peacekeeping process in the Balkans and to the political and economic stabilization of these countries. The study also analyses the impact of the Balkans crisis on the legal architecture of international organizations, and the key role played by the relevant international organizations in the strategic, political and economic changes that have occured in the Balkan region. The perspective of a possible adhesion of the Balkan countries to the European Union and the North Atlantic Treaty Organization (NATO) dynamizes these developments and brings into prospect the achievement of the reconciliation between Europe and the Balkans. Thus, from the territorial changes in the Balkans to the development of international organizations, the dialectic of the Balkans remains a reflection of the changing nature of international law
Olavarria, Perez Maria Inès. "Les femmes et la question du viol en temps de guerre : le viol comme arme durant le conflit en Bosnie-Herzégovine et la façon dont la solidarité et le courage des femmes ont influencé le travail et les décisions du Tribunal pénal pour l'ex-Yougoslavie." Master's thesis, Université Laval, 2007. http://hdl.handle.net/20.500.11794/18817.
Full textLa, Rosa Aurélie. "Le concept d'enfant soldat et la Cour Pénale Internationale." Thesis, Lille 2, 2013. http://www.theses.fr/2013LIL20006.
Full textSince the end of the 20th century, the eyes of the international community have been focused on the utilization of child soldier in armed conflicts. The proliferation of small arms and light weapons, of poverty, and especially of non international armed conflicts, are crucial factors underlying the phenomenon. Numerous rights of the child protection instruments plan the ban on recruiting and using children as soldiers in hostilities. Despite the normative gaps that emerge, regarding in particular the hiring age of the child soldier, important efforts have been provided by the whole international community. These efforts are going to be completed by the International Criminal Court, in particular with the Thomas Lubanga case, first person brought before the Court, under the unique charge of war crime, namely enlisting or conscripting children under the age of fifteen years, and using them to participate actively in hostilities. This first historical verdict sets up a novel and founding case law regarding war crimes of enlistment and use of child soldiers, which legacy may make other proceedings easier on a national level. If the child soldier appears as a victim, he is also a player in hostilities. When dealing with the child soldier phenomenon, a confusion is quite often made between two antonyms : victim and executioner. How does the international law treat the criminal liability of the child soldier ? Are we witnessing the generalization of a status or, at least, a common denominator ?
Charles-Alfred, Christophe-Claude. "La justice transitionnelle face à la responsabilité de l'enfant associé aux forces et groupes armés âgé de plus de quinze ans auteur d'infractions graves." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1066.
Full textThe legal justice mechanism of the Child Associated with Armed Forces and Groups of more than fifteen years old of serious offenders is inconsistent. In fact, this kid's allowed to obtain the combatant status even if he never assumes automatically his responsibilities when he commits serious offences. It's because the international community is divided and considers him as a victim or a criminal. This uncertainty creates the effect of legal insecurity since he doesn't know how he'll be treated by Justice. This situation benefits to his recruiter who encourages him to commit the most serous crimes. The child feels almighty. But at the end of the conflict, he may probably rejected by this community who considers him as an executioner. So, his reintegration is compromise. To rectify this situation, harmonizing the age of the fighter should be a solution to clarity his accountability status. For the moment, fifteen years old appears as minimum standard. If the child isn't so youth to take arms, he can bear his accountability. But how? Whith Transitional Justice in general and more specifically the creation of a Special Court for Serious Violations which judge those who have the highest level of responsibility in the commission of the crime. For the others, we propose Restorative Justice that meet their needs, those of their victims and their entire community
Mpaka, Manzi-Serge. "Du Tribunal pénal international pour le Rwanda à la Cour pénale internationale : les limites de l'application du droit pénal international dans la région des Grands Lacs africains." Mémoire, 2012. http://www.archipel.uqam.ca/4679/1/M12475.pdf.
Full textDeshaies, Mélanie. "La contribution du tribunal pénal international pour l'ex-Yougoslavie au développement des sources du droit international public : le dilemme normatif entre droit international classique et droit international pénal." Thèse, 2004. http://hdl.handle.net/1866/2374.
Full textThis thesis studies the contribution by the International Criminal Tribunal for the former- Yugoslavia ("ICTY") to the development of Public International Law. Specifically, it analyses the normative dilemma between sources ofClassic International Law - correlated to the will ofStates, as wel/ as legal formalism - and the "International law ofsubstantial unity" - which codifies the Kantian myth of ''peace by law" and moves the classic idea of legality from formalism to legitimacy by using ethical references. The analysis assumes Law's retroactive effect on its sources and considers ideological movements of Contemporary International Law in the jurisprudence of the ICTY. The thesis concludes to a clash between ICTYabstractfindings related to sources ofInternationallaw and the actual "day-by-day" normative practices ofthe Tribunal. While the first brings into play Classic International Law and the rule of law, the second looks more like a neo-naturalism, fashioned by moral and ethical values.
"Mémoire présenté à la Faculté des études supérieures en vue de l'obtention du grade de Maîtrise en droit - option recherche(LL.M)"
Petrov, Martin. "Le Tribunal pénal international pour l'ex-Yougoslavie (TPIY) et les exigences systémiques d'équité: la confrontation d'une juridiction internationale aux standards du procès équitable établis par la Cour européenne des droits de l'Homme (CEDH)." Thèse, 2002. http://hdl.handle.net/1866/2764.
Full textOn May 25th 1993, the UN Security Council, by its Resolution 827, established an international criminal tribunal (ICTY) for the purpose of prosecuting persons responsible for serious violations of international humanitarian law committed on the territory of the former Yugoslavia since 1991. Thus, nearly fifty years after the Nuremberg trial, individuals are once again being prosecuted before an international criminal tribunal. However, the international legal order has changed a great deal since this memorable trial: the ICTY is not a carbon copy of the Nuremberg Military Tribunal and the international conventions on Human Rights have recognized to every accused a fundamental right to a fair trial. This thesis analyzes one aspect of the right to a fair trial - the systemic fairness requirement - which encompasses the right to be tried by a competent, independent and impartial court that is established by law. The study of the characteristics of the ICTY is done with a comparative law perspective. More particularly, this work is answering the fol1owing question: is this international judicial tribunal meeting the requirements of systemic fairness as set forth in section 6(1) of the European Convention on Human Rights (ECHR) and developed in the jurisprudence of the European Court of Human Rights? It concludes that the ICTY fulfils these requirements only in part; its independence and impartiality are much dubious with respect to the ECHR standard.
2002-10
Raymond, 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.