[extract] To delve more deeply into the ICTR’s handicap in addressing the human rights situation in Rwanda through the international penal process, this Article makes use of a distinction of looking at human, social or for that matter world affairs: the actor-orientated and structure-orientated perspectives. They can be seen as two ways of reflecting, and reflecting on, social affairs and legal tradition, each of them focusing on different aspects. The legal paradigm (especially criminal law) is biased in favour of the actor-oriented perspective due to its simplistic concreteness, identification of the evil actor, apprehension and prosecution. This Article sets out to consider how far the ICTR has fulfilled its objectives, which transcend the prosecution and conviction of guilty persons. The contention is that the ICTR still has not made the most of its opportunity to facilitate change. The Article explains some of the reasons why the ICTR has not fulfilled this opportunity.
Maogoto, Jackson Nyamuya
"International Justice for Rwanda Missing the Point: Questioning the Relevance of Classical Criminal Law Theory,"
Bond Law Review:
1, Article 8.
Available at: http://epublications.bond.edu.au/blr/vol13/iss1/8