[영문 비평] ICTR (International Criminal Tribunal for Rwanda) 르완다 국제 형사 재판소

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르완다 국제 형사 재판소를 성과와 취약점을 영문으로 비평한 글입니다.

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Nowadays, the processes of globalization have led the international community to having more negotiations and decisions among states that affect domestic policy and legislation. As globalization expands, governance at global level, which can be called ‘global governance,’ is demanded more. Simply, global governance is doing internationally what governments do at home. The rule of law is to government in every State what the `international rule of law` is to global governance in international community.
It is no longer sufficient to dismiss international legal claims on the grounds that international law is not really law.
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Numerous accomplishments of the ICTR with its modest contribution to postconflict peace building against the backdrop of the 1994 genocide and the killing and mass expulsion of tens of thousands in its aftermath, it has palpably improved the postconflict situation by impeding the resurrection of the former government and enhancing the political attraction of criminal justice as an alternative to anti-Hutu violence. Its effort of eradicating international crimes should be notably commended. However, excessive expense of the tribunal as well as the dragging process of considerably many cases would have to remain as essential points that demand immediate remedies. To fulfill the purpose of its foundation it would also take into serious consideration the protection of the rights of those not privileged, if not seriously impaired, by the presence of the tribunal in Rwanda. Women who suffered from the negligent process of the tribunal and the extra-judicial killings and so many more should be properly addressed and taken as one of the serious setbacks of the development of the ICTR. That way the ICTR would stand as a more necessary and effective court to the region, as well as the international community.
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참고 자료

Reference
Akhavan, P. (Jan., 2001). Can international criminal justice prevent future atrocities? Journal of International Law, Vol. 95, No. 1 (Jan., 2001), pp. 7-31, American Society of International Law
Danner, M. A. & Martines, S. J. (Jan., 2005). Joint criminal enterprise, command responsibility, and the development of international criminal law. California Law Review, Vol. 93, No. 1, pp. 75-169. California Law Review, Inc.
Mundis, A. D. (Oct., 2000). Improving the operation and functioning of the International criminal tribunals. The American Journal of International Law, Vol. 94, No. 4, pp. 759-773. American Society of International Law
Nowrojee, B. (2007). A lost opportunity for justice: why did the ICTR not prosecute gender propaganda? Retrieved November 21, 2009 from http://www.idrc.ca/en/ev-108296-201-1-DO_TOPIC.html
Vokes, R. (Oct., 2002). The Arusha tribunal: Whose justice? Anthropology Today, Vol. 18, No. 5, pp. 1-2, Royal Anthropological Institute of Great Britain and Ireland
Harvard Law Review (May, 2001). Developments in the law: International criminal law. Vol. 114, No. 7 (May, 2001), pp. 1943-2073, The Harvard Law Review Association