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: 317
Release: 2018-09-19
Genre: Law
ISBN: 9462652406

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.

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

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

After Genocide

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

"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.".

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

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.

Transitional Justice

Transitional Justice
Author: Alexander Laban Hinton
Publisher: Rutgers University Press
Total Pages: 284
Release: 2011
Genre: Law
ISBN: 0813550688

"The origins of this project date back to a 2007 symposium, 'Local justice : global mechanisms and local meanings in the aftermath of mass atrocity, ' held at Rutgers University--Newark [N.J.] ... Several participants later presented papers in a session at the July 2007 meeting of the International Association of Genocide Scholars, which was held in Bosnia and Herzegovina."--Acknowledgments.

Remaking Rwanda

Remaking Rwanda
Author: Scott Straus
Publisher: Univ of Wisconsin Press
Total Pages: 424
Release: 2011-04-18
Genre: History
ISBN: 0299282635

In the mid-1990s, civil war and genocide ravaged Rwanda. Since then, the country’s new leadership has undertaken a highly ambitious effort to refashion Rwanda’s politics, economy, and society, and the country’s accomplishments have garnered widespread praise. Remaking Rwanda is the first book to examine Rwanda’s remarkable post-genocide recovery in a comprehensive and critical fashion. By paying close attention to memory politics, human rights, justice, foreign relations, land use, education, and other key social institutions and practices, this volume raises serious concerns about the depth and durability of the country’s reconstruction. Edited by Scott Straus and Lars Waldorf, Remaking Rwanda brings together experienced scholars and human rights professionals to offer a nuanced, historically informed picture of post-genocide Rwanda—one that reveals powerful continuities with the nation’s past and raises profound questions about its future. Best Special Interest Books, selected by the American Association of School Librarians Best Special Interest Books, selected by the Public Library Reviewers

The Path to Genocide in Rwanda

The Path to Genocide in Rwanda
Author: Omar Shahabudin McDoom
Publisher: Cambridge University Press
Total Pages: 439
Release: 2021-03-11
Genre: History
ISBN: 1108491464

Uses unique field data to offer a rigorous explanation of how Rwanda's genocide occurred and why Rwandans participated in it.

Genocide, Risk and Resilience

Genocide, Risk and Resilience
Author: B. Ingelaere
Publisher: Springer
Total Pages: 220
Release: 2013-11-13
Genre: Social Science
ISBN: 1137332433

This interdisciplinary volume aims to understand the linkages between the origins and aftermaths of genocide. Exploring social dynamics and human behaviour, this collection considers the interplay of various psychological, political, anthropological and historical factors at work in genocidal processes.

Justice Compromised

Justice Compromised
Author: Leslie Haskell
Publisher:
Total Pages: 144
Release: 2011
Genre: Dispute resolution (Law)
ISBN: 9781564327574

"This report was researched and written by Leslie Haskell, Rwanda Researcher at Human Rights Watch, and contains information gathered by several local gacaca observers and previous Human Rights Watch researchers"--P. 144.