Summary of Panel Discussions : Additional Questions and Comments

The following comments and questions were raised by members of the audience during the general discussion period:

Panel 1:

  • Mr. Ben Ferencz, a former Prosecutor at the Nuremburg trials and longtime advocate for an international criminal court, made a short statement from his perspective as a former prosecutor at Nuremburg and his subsequent advocacy around ending impunity for war crimes and crimes against humanity and his concern for victim.

    He emphasized the importance of rehabilitation and restitution for victims in further peace efforts. Mr. Ferencz described the German compensation scheme for victims of the Holocaust and the fact that millions of claims have been received. Mr. Ferencz also described the difficulty regarding how one measures pain, fear and loss of life. He stated that the commission is still in existence 50 years later.

    Mr. Ferencz asserted that regardless of the difficulties, international criminal justice must work on all facets of the problems at the same time in order to fully accommodate the needs of peace.

  • A question was raised from the audience about whether there is a differential in funding between the ICTY and the ICTR.

    Mr. Okali responded that as of the most recent budget, $90 million was allotted for the ICTY; $70 million for the ICTR.

  • Another audience member asked how, with so many in Rwanda waiting to be judged, one judges a society that let such atrocities happen and how does one prevent it from happening again.

    Ms. Balikungeri responded to the question and stated that the whole idea of tribunals is to bring about reconciliation and justice. Looking at it from the inside, the Rwandan government is trying. There are 120,000 in jails. The authorities have had to release certain categories of people, the old and very young, to relieve the burden. This presents a challenge to the way victims view the whole process.

    She discussed the value of schemes that are more participative for members of the community and the tradition in the culture of such a scheme that engenders dialogue between factions.

Panel 2:

  • One audience member asked how victims could participate more in the process and whether it would be better with legal representation inside the Victims and Witness Unit or should it be an independent body?

    Ms. Ngendahayo stated that she definitely urged that some mechanism for representation be put in place. However, most staff in the Victims and Witness are police officers and they are too occupied with judicial matters. It would be better to put two sub-units in place, perhaps then under the Victims Unit.

    Ms. Lobwein felt the victim and witness unit should include both elements, support and representation.

    Judge Odio-Benito also agreed it might be a better idea to have the legal representation housed inside the Court but that the matter would require more thought.

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