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Author : Bert Ingelaere
Publisher : University of Wisconsin Pres
Page : 253 pages
File Size : 55,8 Mb
Release : 2016-12-06
Category : History
ISBN : 9780299309701
Comprehensively documents how local courts after the Rwandan genocide gradually shifted from confession to accusation, from restoration to retribution.
Author : Phil Clark
Publisher : Cambridge University Press
Page : 128 pages
File Size : 45,6 Mb
Release : 2010-09-09
Category : Political Science
ISBN : 9781139490160
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.
Author : Pietro Sullo
Publisher : Springer
Page : 311 pages
File Size : 43,5 Mb
Release : 2018-09-19
Category : Law
ISBN : 9789462652408
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.
Author : Peter E. Harrell
Publisher : iUniverse
Page : 142 pages
File Size : 52,6 Mb
Release : 2003
Category : Law
ISBN : 9780595270521
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.
Author : Sven Piechottka
Publisher : GRIN Verlag
Page : 10 pages
File Size : 52,5 Mb
Release : 2013-10-18
Category : Political Science
ISBN : 9783656520481
Seminar paper from the year 2013 in the subject Politics - International Politics - Region: Africa, grade: 2,0, University of Constance, course: Vertiefungsseminar, language: English, abstract: The main thought of this research is to clarify the consequences of governmental (respectively colonial) influence for the legitimacy of Gacaca-courts in Rwanda. However, the outcomes are supposed to be general enough to assess the practicability of indigenous conflict resolution mechanisms in other African states as well. As a research design, the paper leaves the realisation of its methodological framework open.
Author : Nicola Palmer,Nicola Frances Palmer
Publisher : Oxford University Press, USA
Page : 240 pages
File Size : 40,8 Mb
Release : 2015
Category : Law
ISBN : 9780199398195
This volume focuses on the practices of the United Nations International Criminal Tribunal for Rwanda (ICTR), the national Rwandan courts, and the gacaca community courts in post-genocide Rwanda. It emphasizes that, although the courts are compatible in law, an interpretive cultural analysis indicates how and why they have often conflicted in practice.
Author : Paul Christoph Bornkamm
Publisher : Oxford University Press
Page : 273 pages
File Size : 45,5 Mb
Release : 2012-01-12
Category : History
ISBN : 9780199694471
Originally presented as the author's thesis (doctoral)--Humboldt University of Berlin, 2009.
Author : Paul Christoph Bornkamm
Publisher : OUP Oxford
Page : 1332 pages
File Size : 51,5 Mb
Release : 2012-01-12
Category : Law
ISBN : 9780191627590
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.
Author : Anuradha Chakravarty
Publisher : Cambridge University Press
Page : 389 pages
File Size : 41,8 Mb
Release : 2016
Category : Law
ISBN : 9781107084087
This book shows how Rwanda's mass courts for genocide crimes helped ensure political stability and authoritarian control for Rwandan elites.
Author : Philip Clark
Publisher : Unknown
Page : 388 pages
File Size : 45,5 Mb
Release : 2024-05-22
Category : Gacaca justice system
ISBN : 0511924968
"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. Based on the author's original field work which began in 2003 in Rwanda and which has been updated to the end of 2009, it includes responses from within the Rwandan population. Dr. Clark argues that, despite widespread international scepticism, the Gacaca process has achieved remarkable results in terms of justice and reconciliation, although this has often come at a price, especially the re-traumatisation of many Rwandans who have participated firsthand in hearings. 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"--
Author : Sven Piechottka
Publisher : GRIN Verlag
Page : 11 pages
File Size : 43,5 Mb
Release : 2013-10-18
Category : Political Science
ISBN : 9783656520498
Studienarbeit aus dem Jahr 2013 im Fachbereich Politik - Internationale Politik - Region: Afrika, Note: 2,0, Universität Konstanz, Veranstaltung: Vertiefungsseminar, Sprache: Deutsch, Abstract: Der Hauptgedanke der Arbeit soll nach den Vorstellungen des Autors die Klärung der Auswirkungen (kolonial-)staatlichen Einflusses auf die Legitimität der Gacaca-Gerichte sein. Die Befunde sollen verallgemeinerungsfähig sein und somit dabei helfen, die Anwendbarkeit traditioneller Konfliktlösungsmechanismen auch in anderen afrikanischen Staaten einschätzen zu lernen. Als Research Design lässt das Papier die Durchführung der Studie offen und regt lediglich mittels eines methodologischen Rahmens zu derselben an.
Author : Nicholas Jones
Publisher : Routledge
Page : 242 pages
File Size : 52,8 Mb
Release : 2009-09-10
Category : Law
ISBN : 9781134008780
The Courts of Genocide focuses on the judicial response to the genocide in Rwanda in order to address the search for justice following mass atrocities. The central concern of the book is how the politics of justice can get in the way of its administration. Considering both the ICTR (International Criminal tribunal for Rwanda), and all of the politics surrounding its work, and the Rwandan approach (the Gacaca courts and the national judiciary) and the politics that surround it, The Courts of Genocide addresses the relationship between these three 'courts' which, whilst oriented by similar concerns, stand in stark opposition to each other. In this respect, the book addresses a series of questions, including: What aspects of the Rwandan genocide itself played a role in directing the judicial response that has been adopted? On what basis did the government of Rwanda decide to address the genocide in a legalistic manner? Around what goals has each judicial response been organized? What are the specific procedures and processes of this response? And, finally, what challenges does its multifaceted character create for those involved in its operation, well as for Rwandan society? Addressing conceptual issues of restorative and retributive justice, liberal legalism and cosmopolitan law, The Courts of Genocide constitutes a substantially grounded reflection upon the problem of 'doing justice' after genocide.
Author : Kristin Conner Doughty
Publisher : University of Pennsylvania Press
Page : 292 pages
File Size : 42,7 Mb
Release : 2016-03-08
Category : Social Science
ISBN : 9780812292398
Kristin Conner Doughty examines how Rwandans navigated the combination of harmony and punishment in grassroots courts purportedly designed to rebuild the social fabric in the wake of the 1994 genocide. Postgenocide Rwandan officials developed new local courts ostensibly modeled on traditional practices of dispute resolution as part of a broader national policy of unity and reconciliation. The three legal forums at the heart of Remediation in Rwanda—genocide courts called inkiko gacaca, mediation committees called comite y'abunzi, and a legal aid clinic—all emphasized mediation based on principles of compromise and unity, brokered by third parties with the authority to administer punishment. Doughty demonstrates how exhortations to unity in legal forums served as a form of cultural control, even as people rebuilt moral community and conceived alternative futures through debates there. Investigating a broad range of disputes, she connects the grave disputes about genocide to the ordinary frictions people endured living in its aftermath. Remediation in Rwanda is therefore about not only national reconstruction but also a broader narrative of how the embrace of law, particularly in postconflict contexts, influences people's lives. Though law-based mediation is framed as benign—and is often justified as a purer form of culturally rooted dispute resolution, both by national governments such as Rwanda's, and in the transitional justice movement more broadly—its implementation, as Doughty reveals, involves coercion and accompanying resistance. Yet in grassroots legal forums that are deeply contextualized, law-based mediation can open up spaces in which people negotiate the micropolitics of reconciliation.
Author : Leslie Haskell
Publisher : Unknown
Page : 144 pages
File Size : 53,8 Mb
Release : 2011
Category : Dispute resolution (Law)
ISBN : 1564327574
"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.
Author : Ngarambe, Telesphore
Publisher : OSSREA
Page : 140 pages
File Size : 54,6 Mb
Release : 2016-07-25
Category : Language Arts & Disciplines
ISBN : 9789994455898
The Rwandan justice system know as Gacaca, originally preserved by word of mouth was revived, documented, tested and used successfully to handle millions of legal cases in the aftermath of the Rwandan genocide against the Tutsi. This monograph begins by depicting the general picture of customary law and ponders on the practical challenges in the production of the modern Gacaca law in three versions: Kinyarwanda, French and English. The author demonstrates that translation involves language use and transfer, as well as communication within a cultural setting. The book amply demonstrates that linguistic, textual, contextual and cultural cues in translation should not be downplayed. It also shows that the cultural turn in translation has transformed and re-conceptualised the translation theory to integrate non-western thought about translation discipline since time immemorial. A major theme within the book is that teranslation as a mediating form between cultures and contexts should not overlook cultural differences because language is a marker of identity.