Rwanda's Gacaca courts : between retribution and reparation /

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Bibliographic Details
Author / Creator:	Bornkamm, Paul Christoph.
Imprint:	Oxford ; New York : Oxford University Press, c2012.
Description:	xxix, 242 p. ; 24 cm.
Language:	English
Series:	Oxford monographs in international humanitarian and criminal law Oxford monographs in international humanitarian and criminal law.
Subject:	Civil War (Rwanda : 1994) Gacaca justice system. Trials (Genocide) -- Rwanda. Truth commissions -- Rwanda. Gacaca justice system. Reparation (Criminal justice) Transitional justice. Trials (Genocide) Rwanda -- History -- Civil War, 1994. Rwanda. History.
Format:	Print Book
URL for this record:	http://pi.lib.uchicago.edu/1001/cat/bib/8625970

Hidden Bibliographic Details
ISBN:	9780199694471 (hbk.) 0199694478 (hbk.)
Notes:	Includes bibliographical references (p. [209]-235) and index.
Summary:	"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"--Provided by publisher.

Table of Contents:

Table of Cases
Table of Treaties and Other Relevant International Instruments
Table of Legislation and Other Relevant National Instruments
List of Abbreviations
Introduction
I. Gacaca: Transitional Justice in Rwanda
II. Between Retribution and Reparation: An International Legal Framework for States in Transition
III. Scope of the Study
IV. Methodology
1. A Short History of the Rwandan Genocide and its Aftermath
I. The Origins of the Hutu-Tutsi Antagonism
II. The First and Second Republic
III. Genocide 1990-94
IV. The Refugee Crisis and the War in Zaire/Congo
V. Rwanda Today
VI. Dealing with the Events between 1990 and 1994
2. The Implementation of Modern Gacaca
I. Traditional Gacaca
II. The Introduction of lnkiko Gacaca
III. The Structure of the Gacaca System
IV. The Jurisdiction of Gacaca Courts and the Applicable Substantive Law
V. The Pre-Trial Phase: Investigation and Categorization
VI. The Trial Phase
VII. The Appeals Phase
VIII. Sanctions Imposed by Gacaca Courts
IX. Civil Claims for Damage to or Loss of Property
X. Monitoring Gacaca Activities
3. Transitional Justice Through Prosecution
I. The Prosecution of Crimes under International Law: Rwanda's Obligations
II. The Limits of Prosecution
III. The Implementation of the Duty to Prosecute: Trials and Local Mechanisms
IV. Locating Gacaca between Retributive and Restorative Justice
V. Gacaca Courts and International Law
4. Transitional Justice Through Reparation
I. The Right to Reparation for Human Rights Violations under International Law
II. Reparation for Human Rights Violations in Post-Genocide Rwanda
III. Who Is Entitled to Reparation?
IV. Who Is Liable to Pay Reparation?
V. Conclusion
Conclusion
I. Summary of the Study's Principal Results
II. Outlook
III. Learning Lessons from the Gacaca Experience
Appendix
Glossary
List of References
Books and Articles
Print and Online Journalism
Reports and Manuals
International Organizations: Resolutions, Reports, and Other Instruments
Index

Rwanda's Gacaca courts : between retribution and reparation /

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