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.
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