Beyond Genocide: Transitional Justice and Gacaca Courts in Rwanda

Beyond Genocide: Transitional Justice and Gacaca Courts in Rwanda
Author: Pietro Sullo
Publisher: Springer
Total Pages: 311
Release: 2018-09-19
Genre: Law
ISBN: 9462652406

Download Beyond Genocide: Transitional Justice and Gacaca Courts in Rwanda Book in PDF, Epub and Kindle

Combining both legal and empirical research, this book explores the statutory aspects and practice of Gacaca Courts (inkiko gacaca), the centrepiece of Rwanda's post-genocide transitional justice system, assessing their contribution to truth, justice and reconciliation. The volume expands the knowledge regarding these courts, assessing not only their performance in terms of formal justice and compliance with human rights standards but also their actual modus operandi. Scholars and practitioners have progressively challenged the idea that genocide should be addressed exclusively through 'westernised' criminal law, arguing that the uniqueness of each genocidal setting requires specific context-sensitive solutions. Rwanda's experience with Gacaca Courts has emerged as a valuable opportunity for testing this approach, offering never previously tried homegrown solutions to the violence experienced in 1994 and beyond. Due to the unprecedented number of individuals brought to trial, the absence of lawyers, the participative nature, and the presence of lay judges directly elected by the Rwandan population, Gacaca Courts have attracted the attention of researchers from different disciplines and triggered dichotomous reactions and appraisals. The tensions existing within the literature are addressed, anchoring the assessment of Gacaca in a comprehensive legal analysis in conjunction with field research. Through the direct observation of Gacaca trials, and by holding interviews and informal talks with survivors, perpetrators, ordinary Rwandans, academics and the staff of NGOs, a purely legalistic perspective is overcome, offering instead an innovative bottom-up approach to meta-legal concepts such as justice, fairness, truth and reconciliation. Outlining their strengths and shortcomings, this book highlights what aspects of Gacaca Courts can be useful in other post-genocide contexts and provides crucial lessons learnt in the realm of transitional justice. The primary audience this book is aimed at consists of researchers working in the areas of international criminal law, transitional justice, genocide, restorative justice, African studies, human rights and criminology, while practitioners, students and others with a professional interest in the topical matters that are addressed may also find the issues raised relevant to their practice or field of study. Pietro Sullo teaches public international law and international diplomatic law at the Brussels School of International Studies of the University of Kent in Brussels. He is particularly interested in international human rights law, transitional justice, international criminal law, constitutional transitions and refugee law. After earning his Ph.D. at the Sant'Anna School of Advanced Studies in Pisa, Dr. Sullo worked at the Max-Planck-Institute for Comparative Public Law and International Law in Heidelberg as a senior researcher and as a coordinator of the International Doctoral Research School on Retaliation, Mediation and Punishment. He was also Director of the European Master's Programme in Human Rights and Democratization (E.MA) in Venice from 2013 to 2015 and lastly he has worked for international NGOs and as a legal consultant for the Libya Constitution Drafting Assembly on human rights and transitional justice.

The Gacaca Courts, Post-Genocide Justice and Reconciliation in Rwanda

The Gacaca Courts, Post-Genocide Justice and Reconciliation in Rwanda
Author: Phil Clark
Publisher: Cambridge University Press
Total Pages:
Release: 2010-09-09
Genre: Political Science
ISBN: 1139490168

Download The Gacaca Courts, Post-Genocide Justice and Reconciliation in Rwanda Book in PDF, Epub and Kindle

Since 2001, the Gacaca community courts have been the centrepiece of Rwanda's justice and reconciliation programme. Nearly every adult Rwandan has participated in the trials, principally by providing eyewitness testimony concerning genocide crimes. Lawyers are banned from any official involvement, an issue that has generated sustained criticism from human rights organisations and international scepticism regarding Gacaca's efficacy. Drawing on more than six years of fieldwork in Rwanda and nearly five hundred interviews with participants in trials, this in-depth ethnographic investigation of a complex transitional justice institution explores the ways in which Rwandans interpret Gacaca. Its conclusions provide indispensable insight into post-genocide justice and reconciliation, as well as the population's views on the future of Rwanda itself.

Inside Rwanda's /Gacaca/ Courts

Inside Rwanda's /Gacaca/ Courts
Author: Bert Ingelaere
Publisher: University of Wisconsin Pres
Total Pages: 253
Release: 2016-12-06
Genre: History
ISBN: 0299309703

Download Inside Rwanda's /Gacaca/ Courts Book in PDF, Epub and Kindle

Comprehensively documents how local courts after the Rwandan genocide gradually shifted from confession to accusation, from restoration to retribution.

Rwanda's Gamble

Rwanda's Gamble
Author: Peter E. Harrell
Publisher: iUniverse
Total Pages: 142
Release: 2003
Genre: Law
ISBN: 0595270522

Download Rwanda's Gamble Book in PDF, Epub and Kindle

Gacaca is an innovative form of justice that the Rwandan government will use to try the more than 100,000 participants in the 1994 genocide. Instead of putting suspects before the statutory-law courts that existed prior to 1994, the government is establishing 11,000 popularly-elected tribunals and charging them with the task of investigating and trying crimes that occurred within their territorial jurisdiction. Officials hope that this will help clear the backlog of cases while giving suspects (most of whom have spent nearly a decade in prison without a trial) a chance finally to have their cases heard. This book provides a detailed explanation of how the system will work, from the selection and training of the judges to the basics of courtroom procedure. It also places gacaca in the context of rapidly emerging restorative theories of justice, and argues for gacaca's appropriateness in the Rwandan context. Based on interviews, training manuals, documents never-before-published in the United States, and extensive travels throughout Rwanda, this book is an invaluable introductory guide to gacaca and explains why similar forms of justice should be experimented with elsewhere.

Courts in Conflict

Courts in Conflict
Author: Nicola Frances Palmer
Publisher: Oxford University Press, USA
Total Pages: 240
Release: 2015
Genre: History
ISBN: 0199398194

Download Courts in Conflict Book in PDF, Epub and Kindle

The rise of international criminal trials has been accompanied by a call for domestic responses to extraordinary violence. Yet there is remarkably limited research on the interactions among local, national, and international transitional justice institutions. Rwanda offers an early example of multilevel courts operating in concert. This book makes a crucial and timely contribution to the examination of these pluralist responses to atrocity at a juncture when holistic approaches are rapidly becoming the policy norm. It focuses on the practices of Rwanda's post-genocide criminal courts.

After Genocide

After Genocide
Author: Philip Clark
Publisher:
Total Pages: 399
Release: 2009-01
Genre: History
ISBN: 9780231700825

Download After Genocide Book in PDF, Epub and Kindle

"The book features chapters from leading scholars in this field, including William Schabas, Rene Lemarchand, Linda Melvern, Kalypso Nicolaidis, and Jennifer Welsh, along with senior government and non-government officials involved in matters related to Rwanda and transitional justice, including Hassan Bubacar Jallow (prosecutor of the UN International Criminal Tribunal for Rwanda), Martin Ngoga (prosecutor general of the Republic of Rwanda), and Luis Moreno Ocampo (prosecutor of the International Criminal Court). After Genocide also offers an unprecedented debate between Rwandan President Paul Kagame and Reni Lemarchand on post-genocide memory and governance in Rwanda.".

Transitional Justice in Rwanda

Transitional Justice in Rwanda
Author: Gerald Gahima
Publisher: Routledge
Total Pages: 434
Release: 2013-02-15
Genre: Law
ISBN: 1135118531

Download Transitional Justice in Rwanda Book in PDF, Epub and Kindle

Transitional Justice in Rwanda: Accountability for Atrocity comprehensively analyzes the full range of the transitional justice processes undertaken for the Rwandan genocide. Drawing on the author’s extensive professional experience as the principal justice policy maker and the leading law enforcement officer in Rwanda from 1996-2003, the book provides an in-depth analysis of the social, political and legal challenges faced by Rwanda in the aftermath of the genocide and the aspirations and legacy of transitional justice. The book explores the role played by the accountability processes not just in pursuing accountability but also in shaping the reconstruction of Rwanda’s institutions of democratic governance and political reconciliation. Central to this exploration will be the examination of whether or not transitional justice in Rwanda has contributed to a foundational rule of law reform process. While recognizing the necessity of pursuing accountability for mass atrocity, the book argues that a maximal approach to accountability for genocide may undermine the promotion of core objectives of transitional justice. Taking on one of the key questions facing practitioners and scholars of transitional justice today, the book suggests that the pursuit of mass accountability, particularly where socio-economic resources and legal capacity is limited, may destabilize the process of rule of law reform, endangering core human rights norms. Moreover, the book suggests that pursuing a strategy of mass accountability may undermine the process of democratic transition, particularly in a context where impunity for crimes committed by the victors of armed conflicts persists. Highlighting the ongoing democratic deficit in Rwanda and resulting political instability in the Great Lakes region, the book argues that the effectiveness of transitional justice ultimately hinges on the nature and success of political transition.

Rwanda's Gacaca Courts

Rwanda's Gacaca Courts
Author: Paul Christoph Bornkamm
Publisher: OUP Oxford
Total Pages: 1332
Release: 2012-01-12
Genre: Law
ISBN: 0191627593

Download Rwanda's Gacaca Courts Book in PDF, Epub and Kindle

Rwanda's Gacaca courts provide an innovative response to the genocide of 1994. Incorporating elements of both African dispute resolution and of Western-style criminal courts, Gacaca courts are in line with recent trends to revive traditional grassroots mechanisms as a way of addressing a violent past. Having been devised as a holistic approach to prosecution and punishment as well as to healing and repairing, they also reflect the increasing importance of victim participation in international criminal justice. This book critically examines the Gacaca courts' achievements as a mechanism of criminal justice and as a tool for healing, repairing, and reconciling the shattered communities. Having prosecuted over one million people suspected of crimes during the 1994 genocide, the courts have been both praised for their efficiency and condemned for their lack of due process. Drawing upon extensive observations of trial proceedings, this book is the first to provide a detailed analysis of the Gacaca legislation and its practical implementation. It discusses the Gacaca courts within the framework of transitional and international criminal justice and argues that, despite the trend towards local, tailor-made solutions to the challenges of political transition, there is a common set of principles to be respected in addressing the past. Evaluating the Gacaca courts against the backdrop of existing or emerging principles, such as the duties to investigate and prosecute, and the right to the truth, the book provides a sophisticated critique of Rwanda's reconciliation policy. In doing so, it contributes to the development and the clarification of these principles. It concludes that Gacaca courts have achieved a great deal in stimulating a basic discourse on the genocide, but they have also contributed to assigning collective responsibility and may thus end up deepening the divides within Rwandan society.

The Gacaca Courts, Post-genocide Justice and Reconciliation in Rwanda

The Gacaca Courts, Post-genocide Justice and Reconciliation in Rwanda
Author: Philip Clark
Publisher:
Total Pages: 388
Release: 2010
Genre: Gacaca justice system
ISBN: 9780511932694

Download The Gacaca Courts, Post-genocide Justice and Reconciliation in Rwanda Book in PDF, Epub and Kindle

"This is a timely empirical study and review of the Gacaca Courts which were established in 2001 in Rwanda as an attempt to prosecute suspects involved in the 1994 genocide. This book will appeal to a wide global readership crossing human rights, transitional justice and African studies for its combination of original empirical data with a socio-legal analysis"--

“The” Gacaca Courts, Post-genocide Justice and Reconciliation in Rwanda

“The” Gacaca Courts, Post-genocide Justice and Reconciliation in Rwanda
Author: Philip Clark
Publisher:
Total Pages: 402
Release: 2010
Genre: Gacaca justice system
ISBN: 9780511931345

Download “The” Gacaca Courts, Post-genocide Justice and Reconciliation in Rwanda Book in PDF, Epub and Kindle

Phil Clark explores the impact of the Gacaca community courts, the centrepiece of Rwanda's justice and reconciliation programme.Since 2001, the Gacaca community courts have been the centrepiece of Rwanda's justice and reconciliation programme. Nearly every adult Rwandan has participated in the trials, principally by providing eyewitness testimony concerning genocide crimes. Lawyers are banned from any official involvement, an issue that has generated sustained criticism from human rights organisations and international scepticism regarding Gacaca's efficacy. Drawing on more than six years of fieldwork in Rwanda and nearly five hundred interviews with participants in trials, this in-depth ethnographic investigation of a complex transitional justice institution explores the ways in which Rwandans interpret Gacaca. Its conclusions provide indispensable insight into post-genocide justice and reconciliation, as well as the population's views on the future of Rwanda itself.