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"Reparation (Criminal justice) Rwanda."
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The Gacaca Courts, Post-Genocide Justice and Reconciliation in Rwanda
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.
eBook
The Courts of Genocide
The Courts of Genocide focuses on the judicial response to the genocide in Rwanda in order to address the search for justice following mass atrocities. The central concern of the book is how the politics of justice can get in the way of its administration. Considering both the ICTR (International Criminal tribunal for Rwanda), and all of the politics surrounding its work, and the Rwandan approach (the Gacaca courts and the national judiciary) and the politics that surround it, The Courts of Genocide addresses the relationship between these three 'courts' which, whilst oriented by similar concerns, stand in stark opposition to each other. In this respect, the book addresses a series of questions, including: What aspects of the Rwandan genocide itself played a role in directing the judicial response that has been adopted? On what basis did the government of Rwanda decide to address the genocide in a legalistic manner? Around what goals has each judicial response been organized? What are the specific procedures and processes of this response? And, finally, what challenges does its multifaceted character create for those involved in its operation, well as for Rwandan society? Addressing conceptual issues of restorative and retributive justice, liberal legalism and cosmopolitan law, The Courts of Genocide constitutes a substantially grounded reflection upon the problem of 'doing justice' after genocide.
Nicholas A. Jones is an Assistant Professor and Police Studies Co-ordinator in the Department of Justice Studies at the University of Regina.
1. The Rwandan Genocide and the Judicial Response 2. A Theoretical Framework for Justice in the Aftermath of the Rwandan Genocide 3. The Gacaca Courts 4. The Rwandan National Judiciary 5. The International Criminal Tribunal for Rwanda 6. International Jurisprudence: Definitions of the Crimes and the Key Precedents 7. Issues Impacting the Search for Justice Across all Three Judicial Realms: Witness Protection, Hearsay, Evidence and Plea Bargaining 8. Conclusions, Predictions and Reflections
eBook
Reparation to Victims of Sexual Violence: Possibilities at the International Criminal Court and at the Trust Fund for Victims and Their Families
In this contribution the reparation possibilities for victims of sexual violence at the Inter-national Criminal Court and at the Trust Fund for Victims and their families are explored. This is done by explaining first of all why victims of sexual violence – and especially women – are in urgent need of reparation during and after conflict, with a special focus on the situation of female survivors of sexual violence in Rwanda. The reparation possibilities for victims of sexual violence at the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda are subsequently discussed, followed by a similar discussion with regard to the ICC. Questions such as the nature of the best forms of reparation for victims of sexual violence and at what point they are made are also dealt with. Although the ICC reparations regime offers in theory a good means of providing restorative justice to victims of sexual violence, it is important that the special concerns and needs of such victims are not easily overlooked by the Court and that swift action is taken by the Trust Fund for Victims and their families to address their plight.
Journal Article
Sanctioning Alternatives in International Criminal Law: RECOMMENDATIONS FOR THE INTERNATIONAL CRIMINAL TRIBUNALS FOR RWANDA AND THE FORMER YUGOSLAVIA
The first genocidal event of 1990s occurred in former Yugoslavia where Bosnian Serbs committed murders, sexual assaults, and torture against Bosnian Muslims and Croats. Similarly, Hutu soldiers killed about 800,000 Tutsi. The International Criminal Tribunals for former Yugoslavia and Rwanda were created to prosecute those who committed these crimes. Some nations have concentrated on taking a retributivist approach of punishing these offenders, while others are more concerned with preventing future crimes.
Journal Article