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Kristin Conner Doughty examines how Rwandans navigated the combination of harmony and punishment in grassroots courts purportedly designed to rebuild the social fabric in the wake of the 1994 genocide. Postgenocide Rwandan officials developed new local courts ostensibly modeled on traditional practices of dispute resolution as part of a broader national policy of unity and reconciliation. The three legal forums at the heart of Remediation in Rwanda—genocide courts called inkiko gacaca, mediation committees called comite y'abunzi, and a legal aid clinic—all emphasized mediation based on principles of compromise and unity, brokered by third parties with the authority to administer punishment. Doughty demonstrates how exhortations to unity in legal forums served as a form of cultural control, even as people rebuilt moral community and conceived alternative futures through debates there. Investigating a broad range of disputes, she connects the grave disputes about genocide to the ordinary frictions people endured living in its aftermath. Remediation in Rwanda is therefore about not only national reconstruction but also a broader narrative of how the embrace of law, particularly in postconflict contexts, influences people's lives. Though law-based mediation is framed as benign—and is often justified as a purer form of culturally rooted dispute resolution, both by national governments such as Rwanda's, and in the transitional justice movement more broadly—its implementation, as Doughty reveals, involves coercion and accompanying resistance. Yet in grassroots legal forums that are deeply contextualized, law-based mediation can open up spaces in which people negotiate the micropolitics of reconciliation.
This book examines how Rwandans navigated their encounters with grassroots courts purportedly designed to rebuild the social fabric in the wake of the 1994 genocide.--From the publisher.
Comprehensively documents how local courts after the Rwandan genocide gradually shifted from confession to accusation, from restoration to retribution.
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.
Since the Genocide against the Tutsi, when up to one million Rwandan people were brutally killed, Rwanda has undergone a remarkable period of reconstruction. Driven by a governmental programme of unity and reconciliation, the last 25 years have seen significant changes at national, community, and individual levels. This book gathers previously unpublished testimonies from individuals who lived through the genocide. These are the voices of those who experienced one of the most horrific events of the 20th Century. Yet, their stories do not simply paint a picture of lives left destroyed and damaged; they also demonstrate healing relationships, personal growth, forgiveness and reconciliation. Through the lens of positive psychology, the book presents a range of perspectives on what happened in Rwanda in 1994, and shows how people have been changed by their experience of genocide.
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.
Explores innovative ways to build peace after large-scale violence by combining resilience, adaptive peacebuilding and transitional justice.
'Lawfare' describes the systematic use and abuse of legal procedure for political ends. This provocative book examines this insufficiently understood form of warfare in post-genocide Rwanda, where it contributed to the making of dictatorship. Jens Meierhenrich provides a redescription of Rwanda's daring experiment in transitional justice known as inkiko gacaca. By dissecting the temporally and structurally embedded mechanisms and processes by which change agents in post-genocide Rwanda manoeuvred to create modified legal arrangements of things past, Meierhenrich reveals an unexpected jurisprudence of violence. Combining nomothetic and ideographic reasoning, he shows that the deformation of the gacaca courts – and thus the rise of lawfare in post-genocide Rwanda – was not preordained but the outcome of a violently structured contingency. The Violence of Law tells a disturbing tale and will appeal to scholars, advanced students, and practitioners of international and comparative law, African studies and human rights.
In recent years, the world has been shaken by numerous events that have caused and continue to cause massive human suffering, from the COVID-19 pandemic to intrastate and interstate armed conflicts. Moreover, climate change continues to plow ahead, contributing to growing tensions, population movements, and resource scarcity. Meanwhile, the methods by which groups and group life are threatened, and the means by which violence is incited and perpetrated, continue to evolve. Such divergent crises, even when they overlap or intersect, confound definition and label. This book seeks not to answer the question "What is genocide?" but rather "What is genocide studies?" When Raphael Lemkin coined the term "genocide" in 1944, he could not have foreseen what the world would look like today. Now is the time to think about current manifestations of genocide and those likely to emerge in the future.
The Second Edition of An Introduction to Transitional Justice provides a comprehensive overview of transitional justice judicial and non-judicial measures implemented by societies to redress legacies of massive human rights abuse. Written by some of the leading experts in the field, it takes a broad, interdisciplinary approach to the subject, addressing the dominant transitional justice mechanisms as well as key themes and challenges faced by scholars and practitioners. Using a wide historic and geographic range of case studies to illustrate key concepts and debates, and featuring discussion questions and suggestions for further reading, this is an essential introduction to the subject for students.