A traditional rwandan system of justice in which local community members are allowed to testify freely, without the participation of lawyers, and cases. Genocide, justice, and rwandas gacaca courts experts. Although gacaca has brought more people to trial than the ictr, transnational trials, and the ordinary rwandan courts combined, gacaca exposesand perhaps deepensconflict, resentment, and ethnic disunity. The number of suspects to be tried in connection with the genocide was immense, and cases moved slowly through the ictr and national courts. Combining both legal and empirical research, this book explores the statutory aspects and practice of gacaca courts inkiko gacaca, the centrepiece of. This traditional, communal justice was adapted in 2001 to fit the needs of rwanda in the wake of the 1994 rwandan genocide where over an estimated. Read the gacaca courts, postgenocide justice and reconciliation in rwanda justice without lawyers by phil clark available from rakuten kobo. These customary local courts are known in kinyarwanda as gacaca, which literally means justice on the grass or on lawn and refers to the lawn where traditionally elders mediated the disputes of rural life in rwanda. The aim of the interviews was to learn more about how testifying in such a public event as the gacaca affects psychological health. The rwandan government began to gradually set up gacaca courts from 2002, so they could ensure their roll out was most effective penal reform international, 2010, p.
Genocide, justice, and rwandas gacaca courts show all authors. Testimony and evidence in the gacaca courts august 2008 the settlement of property offence cases committed during the genocide update on the execution of agreements and restoration orders august 2009 the contribution of the gacaca jurisdictions to resolving cases arising from the genocide. It was also realised that the testimonies of perpetrators needed to be recorded so that the world could learn about what happened in rwanda and how. Rwanda s gacaca courts provide an innovative response to the genocide of 1994. Jul 15, 2012 gacaca courts were thus not only a tool of retributive justice, but also focused on restorative justice kubai, 2007, p. Nearly every adult rwandan has participated in the trials, principally by providing eyewitness testimony concerning. Jun 15, 2012 the establishment of gacaca courts in 2001 is one of the key landmarks of postgenocide rwanda. Available to download in english here, kinyarwanda here and french here. Rwanda s gacaca courts were established as a response to the backlog of untried genocide cases. Inside rwandas gacaca courts seeking justice after genocide bert ingelaere. Brouwer and sandra ka hon chu, gacaca courts in rwanda.
Tilburg university the legacy of the gacaca courts in rwanda. An analysis of the effectiveness of the gacaca court system in postgenocide rwanda lauren haberstock pepperdine university, lauren. Gacaca process post genocide reconciliation this paper has a twofold objective. Rwandans and the gacaca courts article pdf available in african journal of international and comparative law 181 may 2009 with 756 reads. May 04, 2014 karin brouneus, the trauma of truth telling. Combining both legal and empirical research, this book explores the statutory aspects and practice of gacaca courts inkiko gacaca, the centrepiece of rwanda s postgenocide transitional justice system, assessing their contribution to truth, justice and reconciliation. Schabas abstract after many decades of impunity, rwanda has embarked upon a course of transitional justice committed to prosecuting all who are suspected of involvement in the 1994 genocide. Rwanda is about to complete one of the most ambitious transitional justice experiments in history, blending local conflictresolution traditions.
Gacaca how rwanda judged its genocide by phil clark. Gacaca courts originate from the traditional system of conflict resolution called gacaca. Does the truth pass across the fire without burning. Locating the short circuit in rwandas gacaca courts. Acknowledgements we would like to express our heartfelt thanks to the various stakeholders whose combined efforts. Administrative report on gacaca from the national service of gacaca courts. The courts are credited with laying the foundation for peace, reconciliation, and unity in rwanda.
In 2001, in an attempt to clear the backlog of some 115,000 genocide cases awaiting trial, the rwandan government read more. Gacaca, the local courts in rwanda, o cially closed on 18 june 2012. It is often assumed that bringing victims and perpetrators of human rights violations together within structured processes of truthtelling, including apologies and. Eyewitness to genocide download ebook pdf, epub, tuebl, mobi. Gacaca courts date back to before rwanda was colonized bornkamm, 2012. Abstract this essay explores how the gacaca courts system, a traditional system of dispute resolution, was revitalized after the 1994 genocide against the tutsi to promote national unity and reconciliation in. Against this backdrop, the rwandan government has reinvented traditional gacaca courts to prosecute genocide and other crimes against humanity. Rwandas gacaca courts were established as a response to the backlog of untried genocide cases. In 2001, in an attempt to clear the backlog of some 115,000 genocide cases awaiting trial. The work was carried out with support from the belgian. A modified version of the traditional gacaca courts were introduced to hear cases from the backlog of over 100,000 genocide suspects. Gacaca courts were thus not only a tool of retributive justice, but also focused on restorative justice kubai, 2007, p. The norwegian helsinki committee has since early 1990s promoted accountability for crimes against humanity and war. Men walking in the gacaca courts archives in the rwandan capital kigali in 2014 where hundreds of stacked boxes hold the trial case documents of almost 2.
In addition, the significance of conflict resolution and reconciliation will be evaluated in order to assess the subsequent steps from an open. Unity and reconciliation in rwanda the reconciliation process in rwanda focuses on reconstructing the rwandan identity, as well as. May 31, 2011 gacaca judges in huye district told human rights watch that two accused men faced charges in gacaca that were identical to cases previously heard in the conventional courts. Journal of contemporary criminal justice genocide, justice. Ogot book prize, sponsored by the african studies association. Combining both legal and empirical research, this book explores the statutory aspects and practice of gacaca courts inkiko gacaca, the centrepiece of rwandas postgenocide transitional justice system, assessing their contribution to truth, justice and reconciliation. Final monitoring and research report on the gacaca process. The system dealt mainly with civil and social conflicts between members of the community. Gacaca courts in rwanda charges against the gacaca despite the governments aspirations for the gacaca process, some prominent ngos have contended that the system is fundamentally.
Tilburg university the legacy of the gacaca courts in. After years of recording and supporting a greater understanding of the gacaca jurisdictions, pris monitoring and research programme came to a close as the government of rwanda wound up this system of communitybased courts for prosecuting genocide suspects. The difficult path to peace in the wake of horrific crimes. In this contribution, the legacy of the gacaca courts is studied by looking at what the gacaca courts have achieved or may not have achieved against the objectives it was set up for in the rst place from the per spective of genocide survivors. The establishment of gacaca courts in 2001 is one of the key landmarks of postgenocide rwanda. Contemporary gacaca draws inspiration from the traditional model by replicating a local communitybased justice system with the aim of restoring the social fabric of society. The gacaca system and the international criminal tribunal for. Genocide, justice, and rwandas gacaca courts hollie nyseth. Watch videos of the gacaca courts which processed 1. These courts disturbingly distinguish between genocide and war crimes committed during the same era, trying only those accused of genocide. Rwanda july 2007 gacaca monitoring and research report. Genocide, justice, and rwandas gacaca courts hollie. International institute for democracy and electoral assistance international idea stromsborg, se103 34 stockholm, sweden tel. In the aftermath of the rwandan genocide the crippled formal judicial system failed to administer justice in a timely manner.
Gacaca judges in huye district told human rights watch that two accused men faced charges in gacaca that were identical to cases previously heard in the conventional courts. Number of trials judged by gacaca courts of appeals. Jun 02, 2017 men walking in the gacaca courts archives in the rwandan capital kigali in 2014 where hundreds of stacked boxes hold the trial case documents of almost 2 million people that have been. Rwandas gacaca courts provide an innovative response to the genocide of 1994. The gacaca system and the international criminal tribunal. September 2009 marked the end of an era for rwanda and also for pri.
This article presents unique material from indepth interviews with 16 women in rwanda who have testified in the gacaca, the village tribunals initiated to enhance reconciliation after the 1994 genocide. In february 1999, when the rwandan government was still debating the possibility of adapting gacaca to meet its needs, the united nations office of the high commissioner for human rights ohchr argued vehemently that communitybased courts were illequipped to handle complex genocide. The latter began prosecuting genociderelated crimes in 1996, and it soon became apparent that the rwandan judicial system was incapable of. This article is part of an eir series marking the twentieth commemoration of the rwandan genocide since their inception, images of and commentaries on the gacaca courts dealing with crimes related to the 1994 genocide in rwanda travelled across the globe. After the gacaca courts finished their work in june 2012, the reintegration of perpetrators required that they be given a space to interact with other members of the society and express themselves. Carter introduction the gacaca proceedings in rwanda are an innovative and unique response to a postconflict situation. In total, 1,958,634 genocide related cases were tried through gacaca. Global tides volume 8 article 4 112014 an analysis of the effectiveness of the gacaca court system in postgenocide rwanda lauren haberstock pepperdine university, lauren. Rwandas gacaca courts are hailed as a postgenocide. Between them kalisa and his family have been convicted of. The recent commemoration activities brought new attention to the rwandan way of dealing with its violent past. More than one million people participated in the 1994 genocide against the rwandan tutsi. The trials judged by the courts of appeals number 178,741, equivalent to 9% of the 1,958,634 cases judged by gacaca. To compare gacaca and arusha tribunals results is like to compare day and night.
The first phase, which began in 1997 and is still continuing, targets the most serious offenders. Rwandas gacaca courts paul christoph bornkamm oxford. More than one million people participated in the 1994 genocide against the rwandan. Rwandas gacaca courts are hailed as a postgenocide success. An analysis of the effectiveness of the gacaca court. Bert ingelaere, the rise of metaconflicts during rwandas gacaca process. Since 1994 the government has struggled to administer justice to hundreds of thousands of genocide suspects. Gacaca courts in rwanda yale journal of international affairs. An analysis of the effectiveness of the gacaca court system. Rwanda to promote reconciliation after the 1994 genocide. From the outset, most international observers fiercely opposed the use of gacaca for trying genocide crimes. Nearly every adult rwandan has participated in the trials, principally by providing eyewitness testimony concerning genocide crimes. Truth, justice, and reconciliation in postconflict. Dec 04, 2014 challenging this limited view, clark et al.
Although loosely based on a traditional dispute resolution process, 1 the current gacaca is a statutory creation. Rwandas gacaca courts were established as a response to the backlog of untried. One of rwandas final gacaca courts the community trials set up to try those accused of taking part in the countrys 1994 genocide. Karegeya talks about his involvement in the 1994 genocide against tutsi.
The volume expands the knowledge regarding these courts, assessing not only their performance in terms of formal justice and. Since 2001, the gacaca community courts have been the centrepiece of rwandas justice and reconciliation programme. Jan 10, 2010 one of rwandas final gacaca courts the community trials set up to try those accused of taking part in the countrys 1994 genocide. The legacy of rwandas communitybased gacaca courts hrw.
Pdf after decades of cycling violence between hutu and tutsi groups in rwanda and burundi, violence peaked in 1994 with a genocide of tutsis in. Incorporating elements of both african dispute resolution and of westernstyle criminal courts, gacaca courts are in line with recent trends to revive traditional grassroots mechanisms as a way of addressing a violent past. The current tutsiled government hails these courts as a success claiming they have provided postconflict justice like never before. Gacaca court trial of prisoners genocide archive rwanda. Pdf in 1994, over a million tutsi and moderate hutu were brutally killed in rwanda during a threemonthlong genocide. Amnesty international has argued, any criminal justice system, no ma 4 er what its form, would lose credibility without an adherence to international. Download the powerpoint presentation on revitalizing tradition to promote reconciliation learning from the gacaca courts in rwanda. In february 1999, when the rwandan government was still debating the possibility of adapting gacaca to meet its needs, the united nations office of the high commissioner for human rights ohchr argued vehemently that communitybased courts were illequipped to handle complex.
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