Student Journal for the Study of Human Rights

Understanding the Threat of Victor’s Justice: The Case of Transitional Justice in Post-Genocide Rwanda

2024-10-25T03:19:14+00:00

The Rwandan genocide of 1994 remains a chilling reminder of the depths of cruelty and violence that humans can inflict upon one another. While Rwanda has since emerged as a symbol of successful post-conflict recovery, the scars of the genocide continue to fester beneath the surface. This paper delves into the concept of Victors' Justice in the context of the Rwandan genocide and the Transitional Justice efforts that followed, with a specific focus on the actions of the International Criminal Tribunal for Rwanda (ICTR) and the Rwandan Patriotic Front (RPF). Victors' Justice, a term fraught with ethical implications, emerges as a central theme in this analysis, highlighting how it manifested in the proceedings and outcomes of the ICTR. Employing a theoretical approach and drawing upon the work of experts in the field, this research rigorously examines the dynamics of Victors' Justice and its enduring impact on Rwandan society.

At first, the paper establishes the foundational concepts of Victors' Justice and Transitional Justice, tracing their historical roots and relevance to the ICTR. Then, by providing the historical context for the Rwandan genocide, it elucidates the complex power dynamics leading up to the massacre and establishing the International Criminal Tribunal. Furthermore, it delves into the accusations of Victors' Justice, analyzing the actions of the RPF during 1994, its interference with the ICTR's operations, and the injustices witnessed in national courts. Finally, it explores the challenges of Transitional Justice and Social Reconciliation in Rwanda, including restrictions on freedom of expression, persecution of political opposition, and mechanisms of social control.

This paper synthesizes the findings and data accumulated throughout the study. It offers recommendations to address the social and ethnic divisions that persist in Rwanda, emphasizing accountability, political freedom, and the significance of historical narratives in fostering true reconciliation. This research contributes to a deeper understanding of the complex dynamics in post-genocidal societies and the implications of Victors' Justice for pursuing lasting peace and Justice.

Brooklyn’s Deadly Darling: Environmental Remediation, Gentrification, and Resistance to Change the Gowanus Canal

2025-03-13T21:36:23+00:00

Green gentrification and ongoing displacement collide in this study of the changing Gowanus Canal and the neighborhood surrounding it. The Gowanus Canal has been the site of anthropogenic manufacturing, development, and pollution for centuries at this point, and is widely known as a carcinogenic cesspool of Brooklyn. However, as clean-up efforts continue, housing costs in the area have skyrocketed, leading locals to resist projects that would make the Canal and its surroundings safer in the name of preserving the working-class spirit and culture of the neighborhood. The Gowanus neighborhood represents a unique case study to examine how the human right to housing conflicts with the human right to a healthy environment, as the green growth cycle wreaks havoc on locals’ financial ability to remain in the area. The issue of canal cleanup is one that will only increase in relevance, as climate change pushes more superstorms into New York City. The Gowanus Canal serves as a runoff site for raw sewage that floods during times of extreme precipitation, and with an increase in such weather events, extremely contaminated and poisonous water will more often breach its banks. Neglected by the city, exploited by developers, and in dire need of environmental intervention, the Gowanus Canal is a growing local challenge, as is navigating its remediation in a socially responsible way.

The Hidden Legacy of U.S. Foreign Policy in Argentine Memory Sites

2024-10-21T01:23:35+00:00

This paper explores the consequences of the United States’ support for the military dictatorship in Argentina from 1976 to 1983, through the provision of political, military, and economic aid to the repressive regime. Employing the theoretical framework of memory studies, I interrogate how the legacies of U.S. foreign intervention in Argentina impact collective memory of the dictatorship and human rights in both countries today. I turn towards the establishment of Argentine memory sites - through the country’s transitional justice process - as a means of reckoning with the violent legacies of the past. I examine what the United States has done to acknowledge its past human rights record in Argentina and how else it might be held accountable for a more conclusive truth and reconciliation process to occur in both countries. By bringing memory studies and foreign policy into conversation, I argue that the search for truth and justice in post-dictatorship Argentina is incomplete without acknowledgement and accountability from the United States as well.

The Socioeconomic Right to Education: Accessibility and its Implications for the Validity of Affirmative Action Measures

2025-07-18T18:06:03+00:00

In 2012, Black, Brown, and Indigenous students made up over 60 percent of students enrolled in primary and secondary education in Brazil; yet, they made up only 40 percent of the student population in higher education. This underrepresentation of minority students indicates that these students face additional barriers, such as the effects of systemic racism, to accessing higher education in Brazil. The human rights framework has sought to address such inequalities in various ways, including by recognizing the right to education in the International Covenant on Economic, Social, and Cultural Rights (ICESCR). Under the ICESCR, state parties are obligated to dismantle structural barriers that hinder full educational participation and establish equitable education policies. As Brazil is a state party to the ICESCR, it is crucial to further investigate persistent barriers to education.

This paper will analyze the international community’s construction of the accessibility feature of the right to education. The Brazilian Supreme Federal Court’s ruling in Arguição de Descumprimento de Preceito Fundamental (ADPF) 186 will be analyzed to explore how domestic legal action can affirm or weaken the enforceability and public legitimacy of a human right. The ruling’s successes, critiques, and impact on future litigation involving the right to education will be discussed. This paper will draw on scholarship from human rights activists and legal scholars to examine how ADPF 186 contributed to the implementation of accessible education in Brazil. It will also explore how the presence of rights-affirming norms in domestic contexts (non-discrimination, universality, and interdependence) impacts the efficacy of introducing human rights principles into domestic legislation, arguing that both international and domestic action is necessary for the realization of human rights.