Trauma e memória nos julgamentos de massacres na Corte Internacional de Justiça: reflexões a partir da Guerra Mundial Africana (caso República Democrática do Congo vs. Uganda)

Abstract

The following research uses the hypothetical-inductive method and an interdisciplinary theorical basis to discuss the role of the International Court of Justice on the reconciliation of societies that have faced massacres and other gross violations of human rights. Starting from the judgment of the Great African War (Democratic Republic of the Congo vs. Uganda), the first part of the thesis seeks to understand what is a structural trauma and the importance of a judicial answer to elaborate memory and rebuild social tissue, as well as the importance of engaging victims in these processes. The second part seeks to understand how international law has dealt with the recognition of individuals, as also the institutional stand point of the Court in the international system and how the adjudication of reparations may contribute to the reconciliation of societies. It concludes that recognizing victims is crucial to social reconciliation, and, therefore, to the re-establishment of stability in post-conflict societies.