Punishment Postgenocide: From Guilt to Shame to 'Civis' in Rwanda

Drumbl, Mark A.

doi:10.2139/ssrn.263314

Cited by 39 publications

(33 citation statements)

References 2 publications

Supporting

Mentioning

Contrasting

Unclassified

Order By: Relevance

“…Since tribal culture was instrumental in inciting the hatred and killing of the Tutsis by the Hutus, this undermined the legitimacy of the ICTR's findings of individual criminal responsibility and the criminalisation of the genocide. This led many to question the relevance for the Rwandese themselves of individual findings of guilt and the imposition of retributive justice on selected perpetrators by an externally imposed international criminal tribunal [9]. Not only did the sentences often fall well short of the retributive expectations of the victim community, but Rwandan law itself advocated the death penalty for the masterminds of such crimes, persons in positions of authority, persons who exhibited excessive cruelty and perpetrators of sexual violence.…”

Section: Power and The Risk And Security Nexusmentioning

confidence: 99%

“…Certain offenders might internalise sentiments of moral condemnation and denunciation expressed by the court to the extent that their own moral sentiments are altered irrevocably [38]. 9 In this sense, the symbolism of punishment rests in its perception as a personification, conduit or transmitter of moral sentiments about punishment; a message intended equally for the condemnors as the condemned. However, it may be argued that, because punishment is relative in its symbolic and real effects, and these do not necessarily coincide, conceptualisations of symbolism in this context need to be developed against notions of 'community' which take full account of the demands for 'justice' of the 'relevant audience' at both the local and global level.…”

Section: Symbolismmentioning

confidence: 99%

See 1 more Smart Citation

Penal ideology, sentencing and the legitimacy of trial justice

Henham

2011

Crime Law Soc Change

View full text Add to dashboard Cite

The paper explores the link between penal ideology and international trial justice from the perspective of sentencing. The argument is based on the premise that the perceived legitimacy of punishment is directly related to effective governance in criminal justice. As such, loss of faith, or lack of moral empathy by individuals and communities with the ideologies, processes and outcomes of punishment compromises the ability of criminal trials to function effectively in maintaining the 'rule of law'. The paper argues that more emphasis should be given explaining the moral foundations that underpin perceptions of 'justice' in sociological accounts of the 'reality' of sentencing, and proposes an analytical framework for conceptualising this. Adopting this approach, the paper draws on examples from national and international criminal justice to illustrate how the hegemony of penal ideology and its implementation compromises the ability of sentencing outcomes to resonate with the trial's 'relevant audience'. The paper then focuses on how penal ideology influences the construction of the factual basis for sentencing in international criminal trials, and considers the consequences of this for the perceived 'legitimacy' of international trial justice.

show abstract

Section: Power and The Risk And Security Nexusmentioning

confidence: 99%

Section: Symbolismmentioning

confidence: 99%

Penal ideology, sentencing and the legitimacy of trial justice

Henham

2011

Crime Law Soc Change

View full text Add to dashboard Cite

show abstract

“…In his article 'Punishment, Postgenocide: From Guilt to Shame to "Civis" in Rwanda', Drumbl distinguished three types of post-genocidal society, namely the homogeneous, the dualist, and the pluralist. 84 Drumbl asserts that finding the most functional and most effective means of dealing with the past depends to a great extent on the type of society involved. What Drumbl showed in his article was that we should use empirical research to search for answers and to develop viable alternatives and usable criteria which will help states to determine what type of justice they need.…”

Section: Externalization Of Justice and Legal Mimicrymentioning

confidence: 99%

Punishing the Enemies of All Mankind

Smeulers¹

2008

Leiden Journal of International Law

View full text Add to dashboard Cite

How do we and how should we punish perpetrators of international crimes such as war crimes, crimes against humanity, and genocide? Is it fair to hold individuals responsible for their role in manifestations of this type of collective violence? Do the punishments issued by international criminal institutions support the usual penological rationales? Do they actually attain their goals? Is the Westernized international criminal justice system the most appropriate means of dealing with mass violence, especially in non-Western countries which might have a different perception of justice? What are the alternatives? These are just some of the questions which Mark Drumbl addresses in this book.

show abstract

“…Consequently, there may be many policy responses to genocide, the efficacy of each depending on the situation at hand". 117 What would be non-legal responses to the Democratic Kampuchea period that could contribute to the rule of law, feelings of justice or reconciliation?…”

Section: Moving Forward In Cambodiamentioning

confidence: 99%

Vozes do Camboja: formas locais de responsabilização por atrocidades sistemáticas

Urs¹

2007

Sur, Rev. int. direitos human.

View full text Add to dashboard Cite

This article seeks to defend three propositions. First, the Extraordinary Chambers in the Courts of Cambodia (informally known as the Khmer Rouge Trials) is unlikely to achieve any of the primary goals put forward by its proponents. Second, the Court runs the risk of doing harm. Third, it becomes apparent that other culturally-specific processes have a greater chance at making a long-term impact and satisfying victims. RESUMOEste artigo procura defender três proposiçoes. Primeiramente, é improvável que as Câmaras Extraordinárias nos tribunais do Camboja (conhecidas informalmente como Julgamentos do Khmer Vermelho) alcancem os principais objetivos apresentados por seus proponentes. Em segundo lugar, esse tribunal corre o risco de causar danos. Em terceiro lugar, outros processos culturalmente específicos têm uma chance maior de causar um impacto de longo prazo e satisfazer as vítimas. RESUMENEste artículo intenta defender tres propuestas. En primer lugar, es muy improbable que las Cámaras Extraordinarias de los Tribunales de Camboya (informalmente conocidas como los Juicios de los Jémeres Rojos) consigan alcanzar alguno de los objetivos fundamentales fijados por sus partidarios. En segundo lugar, la Corte corre el riesgo de hacer daño también. En tercer lugar, otros procesos de mayor especificidad cultural tendrán mayores posibilidades de influir a largo plazo y de satisfacer a las víctimas.Original in English.

show abstract

Punishment Postgenocide: From Guilt to Shame to 'Civis' in Rwanda

Cited by 39 publications

References 2 publications

Penal ideology, sentencing and the legitimacy of trial justice

Penal ideology, sentencing and the legitimacy of trial justice

Punishing the Enemies of All Mankind

Vozes do Camboja: formas locais de responsabilização por atrocidades sistemáticas

Contact Info

Product

Resources

About