种族屠杀犯罪处理实效的批判与反思——基于卢旺达冈卡卡法庭模式的考察
发布时间：2018-09-07 22:18
【摘要】：第二次世界大战以后国际社会就大规模侵犯人权犯罪发展出几种基本处理模式,但这些以西方人权观与司法观为主导的模式在处理卢旺达国内种族屠杀犯罪的过程中却显得力不从心。有鉴于此,卢旺达政府试图通过对本国传统争端解决机制即冈卡卡法庭的改良来处理其所面临的棘手问题。然而,建立在卢旺达特殊文化与历史基础上的新型冈卡卡法庭虽然在审理数目惊人的种族屠杀犯罪案件方面取得了一定成效,但同时在其适用过程当中所暴露出的根本性缺陷也对国际刑法理论提出了新的挑战。
[Abstract]:Following the second World War, the international community developed several basic modes of dealing with large-scale human rights violations, But these models, which are dominated by the western view of human rights and justice, are unable to deal with the crime of genocide in Rwanda. In view of this, the Rwandan government is trying to deal with the thorny problems it faces by improving its traditional dispute settlement mechanism, the Gunkaka Tribunal. However, the new Gonkaka Tribunal, based on the special culture and history of Rwanda, has achieved some success in the trial of an alarming number of crimes of genocide, But at the same time, the fundamental defects exposed in the course of its application also pose a new challenge to the theory of international criminal law.
【作者单位】： 吉林大学法学院;
【分类号】：D997.9
，
本文编号：2229572
[Abstract]:Following the second World War, the international community developed several basic modes of dealing with large-scale human rights violations, But these models, which are dominated by the western view of human rights and justice, are unable to deal with the crime of genocide in Rwanda. In view of this, the Rwandan government is trying to deal with the thorny problems it faces by improving its traditional dispute settlement mechanism, the Gunkaka Tribunal. However, the new Gonkaka Tribunal, based on the special culture and history of Rwanda, has achieved some success in the trial of an alarming number of crimes of genocide, But at the same time, the fundamental defects exposed in the course of its application also pose a new challenge to the theory of international criminal law.
【作者单位】： 吉林大学法学院;
【分类号】：D997.9
，
本文编号：2229572
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