Accountability for International... | Buy

The book is a critical review of accountability conducted under the authority of the United Nations Security Council, by the International Criminal Tribunal for Rwanda (ICTR), and the United Nations Transitional Administration in East Timor (UNTAET). It is centred on two case studies: the 1999 events in Rwanda, which constituted genocide, "the crime of crimes", and the 1999 mayhem in East Timor. The books subjects to testing cross-examination tools to hold accountable persons with "the greatest responsibility" for serious international humanitarian law violations.A detailed expose is made of conspiracy to commit genocide. Comparison is also made whether joint criminal enterprise, and the forms of co-perpetration embodied in the Statute of the International Criminal Court provide effective alternatives in the case of atrocity crimes. A unique aspect of the book is its high-light of lessons learn in prosecution strategies; approaches in profiling perpetrators, particularly those with the highest level of responsibility for international humanitarian law violations; victor's justice; superior responsibility; guilty pleas, and the effectiveness of the East Timor and the Indonesian Ad Hoc Human Rights Court processes. In the final analysis, the book offers a Matrix on Accountability.

Mohamed Othman is currently Senior Legal and Justice Sector Reform Adviser with UNDP, Cambodia. His previous assignments included that of Prosecutor General of the United Nations Transitional Administration in East Timor (UNTAET) in 2000-2001; Chief of Prosecutions of the International Criminal Tribunal for Rwanda (1998-2000), and Senior Legal Adviser in the Office of the Prosecutor of ICTR, since 1996. He served as a lead prosecuting counsel in the case involving the former Prime Minister of Rwanda, Jean Kambanda. Mr. Othman holds a LLB (Hons) from the University of Dar es salaam, and a MA from Webster University in Geneva. He has published numerous scholarly works on International Humanitarian Law.

Chapter 1 Introduction

1

(6)

Chapter 2 Rwanda and East Timor: Pattern of Violence

7

(46)

Rwanda

8

(42)

Identifying the Enemy

10

(5)

Arusha Peace Agreement

15

(5)

Genocide: Its Beginnings

20

(10)

Response by the International Community

30

(6)

Operation Turquoise

36

(2)

Violence: An Inquiry

38

(12)

Conclusion

50

(3)

Chapter 3 Accountability Arrangements: Rwanda

53

(36)

Accountability Demand

54

(9)

Genocide

63

(1)

Jurisdiction

64

(5)

Institutional Organs

69

(5)

Accountability: Start up to Completion

74

(2)

State Cooperation and ICTR's Mandate

76

(10)

Conclusion

86

(3)

Chapter 4 Accountability Arrangements: East Timor

89

(64)

I. Institutional Arrangements: East Timor

90

(9)

Subject Matter Jurisdiction

92

(3)

Judicial Institutions

95

(1)

Panels with Exclusive Jurisdiction over Serious Criminal Offences

96

(2)

Ordinary Crimes

98

(1)

Serious Crimes

99

(1)

II. Serious Crimes Investigations

99

(10)

Investigation Capacity

100

(2)

Financing of Investigations

102

(2)

Equipment and Material Support

104

(1)

Information and Evidence Gathering

105

(1)

Forensic Investigations

106

(3)

III. Specific Accountability Issues

109

(10)

(a) Arrest and Pre-trial Detention

109

(4)

(b) Accountability for Militia Refugees

113

(6)

IV. Prosecution Strategy and Policies

119

(10)

Continued Accountability

128

(1)

V. Indonesia: Accountability and the Legal Framework

129

(4)

Indonesia Ad Hoc Human Rights Court

131

(2)

VI. Cooperation in Legal, Judicial and Human Rights Matters

133

(7)

Requests to Indonesia

134

(1)

Cooperation by UNTAET

135

(5)

VII. Human Rights Trials: Indonesia

140

(9)

Conclusion

149

(4)

Chapter 5 Profiling Perpetrators

153

(38)

I. Conceptual Framework on Profiling Perpetrators and Individual Criminal Responsibility

154

(5)

II. Profiling Perpetrators

159

(17)

Rwanda

164

(3)

East Timor

167

(2)

UN ad hoc Tribunals

169

(6)

Special Court for Sierra Leone (SCSL)

175

(1)

III. A Few Profiling Pitfalls

176

(12)

Ntuyahaga Affair

176

(9)

Rusatira Affair

185

(3)

Conclusion

188

(3)

Chapter 6 Conspiracy to commit genocide

191

(50)

I. Conspiracy: Law and Practice

192

(18)

Definition

196

(1)

Overt acts

197

(1)

Merger: Conspiracy and the Substantive Offence

198

(1)

Legal Elements

199

(5)

Procedural Issues

204

(3)

Conspiracy and Joinder

207

(2)

Evidence of co-conspirators

209

(1)

II. Nuremberg and Tokyo Tribunals: 'Common Plan or Conspiracy'

210

(6)

III. The Genocide Convention, the ICC and conspiracy to commit genocide

216

(8)

IV. The Rwandan Conspiracy: Investigation and Prosecution strategy

224

(14)

Conspiracy: Indicators and Overt acts

227

(1)

Dens of Conspirators

228

(1)

Meetings

229

(1)

Butare: The Rallying Point

230

(2)

Government Authorities

232

(2)

The 'Big' or 'Global' Indictment

234

(4)

Conclusion

238

(3)

Chapter 7 Superior Responsibility

241

(46)

Command or Superior Responsibility

242

(16)

Military Commanders and Civilian Superiors

247

(1)

Legal criteria

247

(10)

De facto and de jure Orders

257

(1)

Chain of Command

257

(1)

Rwanda: Superior Responsibility

258

(9)

Blurred Command Structures

266

(1)

The Indonesian Armed Forces and East Timor

267

(7)

Change of Guards

273

(1)

Rogue Elements

274

(1)

Militia Groups and East Timor Violence

274

(4)

The Indonesian Armed Forces and Militia Groups

278

(7)

Indonesian Security Forces and the Inaction Element

279

(6)

Conclusion

285

(2)

Chapter 8 Guilty Pleas

287

(52)

I. Guilty Pleas and the Justice Process

288

(7)

Guilty Plea: Meaning

289

(2)

Guilty Plea: Legal Requirements

291

(1)

Initial Appearance of Accused and Plea

292

(2)

An Informed Plea

294

(1)

An Unequivocal Plea

294

(1)

II. Plea Bargaining

295

(4)

III. Plea Agreements and UN Ad Hoc Criminal Tribunals

299

(35)

Guilty Plea: Jean Kambanda

306

(6)

Sentence: Just, Severe or Excessive

312

(5)

Kambanda: Appeal

317

(10)

Omar Serushago

327

(3)

Georges Ruggiu

330

(3)

Vincent Rutaganira

333

(1)

East Timor

334

(1)

Conclusion

335

(4)

Chapter 9 Conclusion

339

Accountability Matrix

339

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