Beyond Genocide Transitional Justice And Gacaca Courts In Rwanda

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Beyond Genocide: Transitional Justice and Gacaca Courts in Rwanda

Author : Pietro Sullo
Publisher : Springer
ISBN 13 : 9462652406
Total Pages : 311 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Beyond Genocide: Transitional Justice and Gacaca Courts in Rwanda by : Pietro Sullo

Download or read book Beyond Genocide: Transitional Justice and Gacaca Courts in Rwanda written by Pietro Sullo and published by Springer. This book was released on 2018-09-19 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Bert Ingelaere
Publisher : University of Wisconsin Pres
ISBN 13 : 0299309703
Total Pages : 253 pages
Book Rating : 4.2/5 (993 download)

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Book Synopsis Inside Rwanda's /Gacaca/ Courts by : Bert Ingelaere

Download or read book Inside Rwanda's /Gacaca/ Courts written by Bert Ingelaere and published by University of Wisconsin Pres. This book was released on 2016-12-06 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comprehensively documents how local courts after the Rwandan genocide gradually shifted from confession to accusation, from restoration to retribution.

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

Author : Phil Clark
Publisher : Cambridge University Press
ISBN 13 : 1139490168
Total Pages : pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis The Gacaca Courts, Post-Genocide Justice and Reconciliation in Rwanda by : Phil Clark

Download or read book The Gacaca Courts, Post-Genocide Justice and Reconciliation in Rwanda written by Phil Clark and published by Cambridge University Press. This book was released on 2010-09-09 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

After Genocide

Author : Philip Clark
Publisher :
ISBN 13 : 9780231700825
Total Pages : 399 pages
Book Rating : 4.7/5 (8 download)

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Book Synopsis After Genocide by : Philip Clark

Download or read book After Genocide written by Philip Clark and published by . This book was released on 2009-01 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.".

Courts in Conflict

Author : Nicola Palmer
Publisher : Oxford University Press, USA
ISBN 13 : 0199398194
Total Pages : 240 pages
Book Rating : 4.1/5 (993 download)

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Book Synopsis Courts in Conflict by : Nicola Palmer

Download or read book Courts in Conflict written by Nicola Palmer and published by Oxford University Press, USA. This book was released on 2015 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Transitional Justice

Author : Alexander Laban Hinton
Publisher : Rutgers University Press
ISBN 13 : 0813550688
Total Pages : 284 pages
Book Rating : 4.8/5 (135 download)

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Book Synopsis Transitional Justice by : Alexander Laban Hinton

Download or read book Transitional Justice written by Alexander Laban Hinton and published by Rutgers University Press. This book was released on 2011 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.

Rwanda's Gacaca Courts

Author : Paul Christoph Bornkamm
Publisher : OUP Oxford
ISBN 13 : 0191627593
Total Pages : 1332 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Rwanda's Gacaca Courts by : Paul Christoph Bornkamm

Download or read book Rwanda's Gacaca Courts written by Paul Christoph Bornkamm and published by OUP Oxford. This book was released on 2012-01-12 with total page 1332 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Transitional Justice in Rwanda

Author : Gerald Gahima
Publisher : Routledge
ISBN 13 : 0415522781
Total Pages : 434 pages
Book Rating : 4.4/5 (155 download)

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Book Synopsis Transitional Justice in Rwanda by : Gerald Gahima

Download or read book Transitional Justice in Rwanda written by Gerald Gahima and published by Routledge. This book was released on 2013 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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

Author : Philip Clark
Publisher :
ISBN 13 : 9780511931345
Total Pages : 402 pages
Book Rating : 4.9/5 (313 download)

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Book Synopsis “The” Gacaca Courts, Post-genocide Justice and Reconciliation in Rwanda by : Philip Clark

Download or read book “The” Gacaca Courts, Post-genocide Justice and Reconciliation in Rwanda written by Philip Clark and published by . This book was released on 2010 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Rwanda's Gamble

Author : Peter E. Harrell
Publisher : iUniverse
ISBN 13 : 0595270522
Total Pages : 142 pages
Book Rating : 4.5/5 (952 download)

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Book Synopsis Rwanda's Gamble by : Peter E. Harrell

Download or read book Rwanda's Gamble written by Peter E. Harrell and published by iUniverse. This book was released on 2003 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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

Author : Philip Clark
Publisher :
ISBN 13 : 9780511924965
Total Pages : 388 pages
Book Rating : 4.9/5 (249 download)

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Book Synopsis The Gacaca Courts, Post-Genocide Justice and Reconciliation in Rwanda by : Philip Clark

Download or read book The Gacaca Courts, Post-Genocide Justice and Reconciliation in Rwanda written by Philip Clark and published by . This book was released on with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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"--

Remaking Rwanda

Author : Scott Straus
Publisher : Univ of Wisconsin Press
ISBN 13 : 0299282635
Total Pages : 424 pages
Book Rating : 4.2/5 (992 download)

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Book Synopsis Remaking Rwanda by : Scott Straus

Download or read book Remaking Rwanda written by Scott Straus and published by Univ of Wisconsin Press. This book was released on 2011-04-18 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Reconciliation and Transitional Justice

Author : Fanie Du Toit
Publisher :
ISBN 13 : 9781920219291
Total Pages : 28 pages
Book Rating : 4.2/5 (192 download)

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Book Synopsis Reconciliation and Transitional Justice by : Fanie Du Toit

Download or read book Reconciliation and Transitional Justice written by Fanie Du Toit and published by . This book was released on 2011 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Rwanda Revisited

Author :
Publisher : BRILL
ISBN 13 : 9004430121
Total Pages : 344 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Rwanda Revisited by :

Download or read book Rwanda Revisited written by and published by BRILL. This book was released on 2021-12-13 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by people selected for their personalized knowledge of the Rwandan genocide, Rwanda Revisited: Genocide, Civil War, and the Transformation of International Law provides a unique level of insight, detail and first-hand knowledge about the Rwandan genocide and its aftermath.

Remediation in Rwanda

Author : Kristin Conner Doughty
Publisher : University of Pennsylvania Press
ISBN 13 : 0812292391
Total Pages : 292 pages
Book Rating : 4.8/5 (122 download)

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Book Synopsis Remediation in Rwanda by : Kristin Conner Doughty

Download or read book Remediation in Rwanda written by Kristin Conner Doughty and published by University of Pennsylvania Press. This book was released on 2016-03-08 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Investing in Authoritarian Rule

Author : Anuradha Chakravarty
Publisher : Cambridge University Press
ISBN 13 : 1316033562
Total Pages : pages
Book Rating : 4.3/5 (16 download)

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Book Synopsis Investing in Authoritarian Rule by : Anuradha Chakravarty

Download or read book Investing in Authoritarian Rule written by Anuradha Chakravarty and published by Cambridge University Press. This book was released on 2015-12-11 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book shows how Rwanda's transitional courts that tried genocide crimes - the gacaca - produced social complicity and cemented authoritarian rule. It is unique for its in-depth investigation of the courts' legal operations: confessions, denunciation, and lay judging, and shows how targeted incentives such as grants of clemency, opportunities for private gain, and career advancement drew the masses into the orbit of the ethnic minority-dominated regime. Using previously untapped data, it illustrates how a decade of mass trials constructed a tacit patronage-driven relationship in which the interests of the citizenry became tied to the authoritarian elite that had discretionary power to grant or withdraw those benefits at will. The operation of law in individual behavior and authoritarian control presented in this volume will be of use to students and scholars in the social sciences, and practitioners interested in criminal law and transitional justice.

Rwanda Since 1994

Author : Hannah Grayson
Publisher : Liverpool University Press
ISBN 13 : 1786943441
Total Pages : 272 pages
Book Rating : 4.7/5 (869 download)

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Book Synopsis Rwanda Since 1994 by : Hannah Grayson

Download or read book Rwanda Since 1994 written by Hannah Grayson and published by Liverpool University Press. This book was released on 2019-05-17 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past 25 years, Rwanda has undergone remarkable shifts and transitions: culturally, economically, and educationally the country has gone from strength to strength. While much scholarship has understandably been retrospective, seeking to understand, document and commemorate the Genocide against the Tutsi, this volume gathers diverse perspectives on the changing social and cultural fabric of Rwanda since 1994.