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Rwanda's Gacaca Courts - Between Retribution and Reparation (Hardcover)
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Rwanda's Gacaca Courts - Between Retribution and Reparation (Hardcover)
Series: Oxford Monographs in International Humanitarian & Criminal Law
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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.
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