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Rwanda's Gacaca Courts

Rwanda's Gacaca Courts Between Retribution and Reparation

Author: Paul Christoph Bornkamm
Publisher: Oxford University Press
ISBN: 9780199694471
Published In: January 2012
Format: Hardback
Jurisdiction: Rwanda ? Disclaimer:
Countri(es) stated herein are used as reference only

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A fresh critique of Rwanda's Gacaca courts, drawing on extensive observations of the trial proceedings and empirical research
Provides a full analysis of the workings of the Gacaca courts, evaluating their merits as well as the criticisms levelled at them
Critically examines the contribution the courts have made to reconciliation in Rwanda and their effectiveness as a tool of transitional justice
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.

Readership: Scholars and post-graduate students of international criminal law and transitional justice; practitioners and NGO legal advisers working in these areas.

Introduction
1: A Short History of the Rwandan Genocide and Its Aftermath
2: The Implementation of Modern Gacaca
3: Transitional Justice Through Prosecution
Appendix: The Gacaca Law

Paul Christoph Bornkamm, Senior Research Fellow, Law Faculty of Humboldt University of Berlin

Paul Christoph Bornkamm has been a senior research fellow at Humboldt University of Berlin since 2007 and a junior lawyer at the Higher Regional Court of Berlin since 2009. He has taught and worked on national and international criminal law as well as transitional justice in Germany and South Africa.