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Gacaca Courts Versus The International Criminal Tribunal For Rwanda And National Courts
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Book Synopsis Gacaca courts versus the International Criminal Tribunal for Rwanda and national courts : lessons to learn from the Rwandan justice approaches to genocide by : Charity Wibabara
Download or read book Gacaca courts versus the International Criminal Tribunal for Rwanda and national courts : lessons to learn from the Rwandan justice approaches to genocide written by Charity Wibabara and published by . This book was released on 2014 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Courts in Conflict by : Nicola Frances Palmer
Download or read book Courts in Conflict written by Nicola Frances 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: 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.
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.
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.
Book Synopsis The Courts of Genocide by : Nicholas Jones
Download or read book The Courts of Genocide written by Nicholas Jones and published by Routledge. This book was released on 2009-09-10 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Rwanda Gacaca Traditional Courts: An Alternative Solution for Post-Genocide Justice and National Reconciliation by :
Download or read book Rwanda Gacaca Traditional Courts: An Alternative Solution for Post-Genocide Justice and National Reconciliation written by and published by . This book was released on 2005 with total page 85 pages. Available in PDF, EPUB and Kindle. Book excerpt: Initially, many Rwandans placed their hopes in the well-funded International Criminal Tribunal for Rwanda (ICTR) but it has been plagued by inefficiencies and delays. Although the Rwandan national courts have tried a significantly larger number of cases than the ICTR, they are also criticized as being too slow. Therefore, the government of Rwanda has proposed using the "Gacaca" traditional courts to accelerate post-genocide justice. The purpose of this thesis is to determine whether, and under what conditions, the Gacaca courts can be an effective mechanism of justice and national reconciliation.
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.
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.
Book Synopsis The Elgar Companion to the International Criminal Tribunal for Rwanda by : Anne-Marie de Brouwer
Download or read book The Elgar Companion to the International Criminal Tribunal for Rwanda written by Anne-Marie de Brouwer and published by Edward Elgar Publishing. This book was released on 2016-12-30 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Elgar Companion to the International Criminal Tribunal for Rwanda is a one-stop reference resource on this complex tribunal, established in the aftermath of the 1994 genocide in Rwanda, which closed its doors on 31 December 2015. This Companion provides an insightful account of the workings and legacy of the ICTR in the field of international criminal justice.
Book Synopsis The ICTR and Reconciliation in Rwanda by : Erik Møse
Download or read book The ICTR and Reconciliation in Rwanda written by Erik Møse and published by Torkel Opsahl Academic EPublisher. This book was released on 2015-06-30 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Justice Compromised by : Leslie Haskell
Download or read book Justice Compromised written by Leslie Haskell and published by . This book was released on 2011 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.
Book Synopsis The Rwandan Genocide. Gacaca Tribunals and Due Process of Law by : Elyab Tilahun
Download or read book The Rwandan Genocide. Gacaca Tribunals and Due Process of Law written by Elyab Tilahun and published by GRIN Verlag. This book was released on 2015-03-27 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2011 in the subject Politics - Topic: Public International Law and Human Rights, grade: A-, , course: Law, language: English, abstract: The atrocities that occurred in Rwanda have been the issue of the international community for some time now. Books have been written about the evils of the genocide that occurred there. Scholars have had their share of debates and arguments about the issue. Newspapers, government reports and human right organizations have made it their headlines in different events. But after all that has been unfolded in Rwanda, all that was left was over 100,000 suspects and more than a million dead corpses. The government of Rwanda had to devise a system to deal with all those suspects, thus bringing forward a traditional conflict resolving mechanism called the Gacaca tribunals. These tribunals were established in every community and were mandated to address genocide related issues and deal with the suspects. They were also established on the belief that they would bring about transitional justice and reconciliation within the society. These and other factors aside, the tribunals were often criticized for lacking the proper due process aspects of dealing with suspects. The main focus of the paper is to discuss thoroughly these issues and analyze the tribunals on this basis.
Book Synopsis Genocidal Gender and Sexual Violence by : Usta Kaitesi
Download or read book Genocidal Gender and Sexual Violence written by Usta Kaitesi and published by Intersentia NV. This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book tackles an important and highly topical issue: examining how the experiences of victims of genocidal gender and sexual violence have been addressed on a theoretical and practical level. The book investigates the contribution of feminist legal theories in naming and addressing gender and sexual violence. It questions the legacy of the International Criminal Tribunal for Rwanda, as well as Rwanda's domestic judicial initiatives from the perspective of the complex realities of victims' experiences. The central focus is the question as to whether the genocidal character of gender and sexual violence in the case of Rwanda has been theorized and judged as such. Author Usta Kaitesi's training for Inyangamugayo - gacaca judges - contributes to a wider understanding of the complexity of victims' experiences. This complex reality is further elaborated on and explored practically through an analysis of the legacy of post-genocide judicial mechanisms for Rwanda in naming and condemning genocidal gender and sexual violence. (Series: Supranational Criminal Law: Capita Selecta - Vol. 17)
Book Synopsis Court of Remorse by : Thierry Cruvellier
Download or read book Court of Remorse written by Thierry Cruvellier and published by Univ of Wisconsin Press. This book was released on 2010-08-05 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: When genocidal violence gripped Rwanda in 1994, the international community recoiled, hastily withdrawing its peacekeepers. Late that year, in an effort to redeem itself, the United Nations Security Council created the International Criminal Tribunal for Rwanda to seek accountability for some of the worst atrocities since World War II: the genocide suffered by the Tutsi and crimes against humanity suffered by the Hutu. But faced with competing claims, the prosecution focused exclusively on the crimes of Hutu extremists. No charges would be brought against the Tutsi-led Rwandan Patriotic Front, which ultimately won control of the country. The UN, as if racked by guilt for its past inaction, gave in to pressure by Rwanda’s new leadership. With the Hutu effectively silenced, and the RPF constantly reminding the international community of its failure to protect the Tutsi during the war, the Tribunal pursued an unusual form of one-sided justice, born out of contrition. Fascinated by the Tribunal’s rich complexities, journalist Thierry Cruvellier came back day after day to watch the proceedings, spending more time there than any other outside observer. Gradually he gained the confidence of the victims, defendants, lawyers, and judges. Drawing on interviews with these protagonists and his close observations of their interactions, Cruvellier takes readers inside the courtroom to witness the motivations, mechanisms, and manipulations of justice as it unfolded on the stage of high-stakes, global politics. It is this ground-level view that makes his account so valuable—and so absorbing. A must-read for those who want to understand the dynamics of international criminal tribunals, Court of Remorse reveals both the possibilities and the challenges of prosecuting human rights violations. A Choice Outstanding Academic Book Best Books for General Audiences, selected by the American Association for School Libraries and the Public Library Association Best Books for High Schools, selected by the American Association for School Libraries
Book Synopsis A Contextual Process by : Nicola Frances Palmer
Download or read book A Contextual Process written by Nicola Frances Palmer and published by . This book was released on 2011 with total page 574 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 2013-02-15 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.
Book Synopsis What Justice for Rwanda? by : Min Reuchamps
Download or read book What Justice for Rwanda? written by Min Reuchamps and published by . This book was released on 2008 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt:
