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27 results

Page 1 of 2

  • Speaking of Legacy: Toward an Ethos of Modesty at the International Criminal Tribunal for Rwanda

  • Sara Kendall, Sarah M. H. Nouwen
  • Journal:
    American Journal of International Law / Volume 110 / Issue 2 / April 2016
    Published online by Cambridge University Press:
    20 January 2017, pp. 212-232
    Print publication:
    April 2016

  • Pour qu’un héritage soit réellement grand, il faut que la main du défunt ne se voie pas.

    In 2014, a year of memorial ceremonies commemorating the twentieth anniversary of the Rwandan genocide, the International Criminal Tribunal for Rwanda (ICTR) marked its own twentieth year with the launch of a “legacy website.” With the closing of the Tribunal scheduled for December 2015, the question of its legacy had become increasingly pressing. The website premiered a video that “celebrates the accomplishments of the ICTR” in a “visually compelling” style. Blurring the distinction between documentary account and film trailer, the video begins with iconic images of the African continent: a boy rolling a hoop down a dirt road; laborers ferrying wares; women in colorful dresses tending children. These scenes of daily life are interrupted by images of men wielding machetes and corpses, interspersed with the figure of the radio, reminding the viewer that the 1994 genocide was encouraged through broadcasts inciting Hutus to take up arms against their Tutsi neighbors. The video lists the Tribunal’s contributions to international criminal law, but also describes a much broader impact: “a record of legal reform in Rwanda, and outreach, education, legal training, and healing.” Young boys leap into a body of water to punctuate the final term, suggesting the hope of a new Rwanda. The narrator proclaims, “today in Rwanda, it’s safe to listen to the radio again: the sound is of a nation rebuilding.” The film’s final words reach beyond the Rwandan context, affirming that ours is “a world pushing forward despite great imperfection, each day closer to a time when international law offers justice to all people, everywhere.”

  • ‘As You Set out for Ithaka’: Practical, Epistemological, Ethical, and Existential Questions about Socio-Legal Empirical Research in Conflict

  • SARAH M. H. NOUWEN
  • Journal:
    Leiden Journal of International Law / Volume 27 / Issue 1 / March 2014
    Published online by Cambridge University Press:
    24 January 2014, pp. 227-260
    Print publication:
    March 2014

  • This is the story behind another story. Inspired by the anthropological practice of reflexivity, it traces some practical, epistemological, ethical, and existential questions behind a book based on empirical socio-legal research into international criminal law in situations of conflict. The challenges involved in such research are at times impossible to overcome. Indeed, the challenges may be such that the researcher will never be able to answer her original question fully and confidently. However, challenges can be findings in themselves. They may reveal insights into the role of law in a society, the limitations of vocabularies, the overexposure of international criminal law, and inequalities in global knowledge production. Rather than merely obstructing research into a topical issue, challenges may shift the researcher's attention to other, more fundamental, questions. Nonetheless, understanding challenges as findings does not resolve the existential problem of the researcher's possible complicity in maintaining the very challenges that she analyses and perhaps ambitiously tries to overcome.

Complementarity in the Line of Fire
  • The Catalysing Effect of the International Criminal Court in Uganda and Sudan
  • Sarah M. H. Nouwen
  • Published online:
    05 November 2013
    Print publication:
    27 June 2013
  • Of the many expectations attending the creation of the first permanent International Criminal Court, the greatest has been that the principle of complementarity would catalyse national investigations and prosecutions of conflict-related crimes and lead to the reform of domestic justice systems. Sarah Nouwen explores whether complementarity has had such an effect in two states subject to ICC intervention: Uganda and Sudan. Drawing on extensive empirical research and combining law, legal anthropology and political economy, she unveils several effects and outlines the catalysts for them. However, she also reveals that one widely anticipated effect – an increase in domestic proceedings for conflict-related crimes – has barely occurred. This finding leads to the unravelling of paradoxes that go right to the heart of the functioning of an idealistic Court in a world of real constraints.

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