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Journal articles on the topic 'Transitional justice Rwanda'

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Published: 10 December 2022

Last updated: 28 January 2023

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1

Drumbl, M. A. "Post-Genocide Justice in Rwanda." Journal of International Peacekeeping 22, no. 1-4 (April 8, 2020): 247–62. http://dx.doi.org/10.1163/18754112-0220104016.

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The Rwandan genocide triggered a vast number of criminal and quasi-criminal prosecutions. Rwanda therefore constitutes an example of a robust and rapid implementation of criminal accountability for atrocity. Rwanda, moreover, departed from other countries – such as South Africa – by eschewing a truth and reconciliation process as part of a transitional justice process. This chapter unpacks three levels of judicialization that promoted criminal responsibility for atrocity in Rwanda: the ICTR, specialized chambers of national courts, and gacaca proceedings. The ICTR indicted roughly 90 individuals, the national courts convicted in the area of 10,000 defendants (with some proceedings remaining ongoing), while approximately one million individuals proceeded through gacaca. The ICTR and gacaca proceedings have been concluded for several years already. This article summarizes these proceedings, discusses the outcomes and assesses their impact. In addition, this article examines how these three layers of judicialization interfaced with each other.

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Myl, Małgorzata. "Reconciliation Processes In Rwanda. The Importance of Tradition and Culture for Transitional Justice." Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza 11 (December 30, 2020): 83–98. http://dx.doi.org/10.14746/ppuam.2020.11.05.

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In 1994, Rwanda suffered one of the worst genocides in history. It is estimated that up to 1,000,000 people were killed in the 100 days of mass slaughter. In 2019, 25 years after the atrocities, Rwanda and Rwandans are still involved in transitional processes aimed at rebuilding the country, handling the past crimes and, ultimately, achieving reconciliation. In the first part of the paper the significance of the reconciliation is elaborated. Reconciliation is often presumed to be one of the main goals for transitional justice and an essential element for rebuilding peace and security in post-conflict countries. It is also the process during which victims and perpetrators attain or restore a relationship and heal their trauma. In the second part of the paper, the importance of local tradition and cultures for transitional justice is discussed. The attention is paid to gacaca courts, reconciliation villages and umuganda, and to their roles in achieving reconciliation in Rwanda.

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Loyle, Cyanne E. "Transitional justice and political order in Rwanda." Ethnic and Racial Studies 41, no. 4 (October 31, 2017): 663–80. http://dx.doi.org/10.1080/01419870.2017.1366537.

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4

Thomson, Susan. "THE DARKER SIDE OF TRANSITIONAL JUSTICE: THE POWER DYNAMICS BEHIND RWANDA'SGACACACOURTS." Africa 81, no. 3 (July 22, 2011): 373–90. http://dx.doi.org/10.1017/s0001972011000222.

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ABSTRACTIn this article, I argue that the praise of legal and political analysts who perceive Rwanda'sgacacacourts as a model of locally grounded and culturally relevant transitional justice is unfounded without consideration of the broader power dynamics in which justice is delivered. Drawing on life history interviews with 37 Rwandan peasants resident in the south-west of the country, I argue that the claims of the Rwandan government that itsgacacacourts are promoting peace and reconciliation must also assess the impact of local justice mechanisms on those subject to its demands, namely ordinary people. In the case of Rwanda'sgacacacourts, local-level analysis illuminates a darker and largely unexamined aspect of transitional justice – the playing out of local power dynamics and the social and political inequalities masked by the pursuit of justice and reconciliation. My study cautions against a wholesale endorsement of thegacacacourts as an effective and legitimate form of transitional justice. Instead, it is a mechanism of state power than works to reinforce the political power of the ruling RPF and to ply international audiences with the idea that Rwanda is ‘a nation rehabilitated’ from ‘the scourge of genocide’.

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Jakubėnaitė, Urtė. "Transitional Justice in Rwanda: Analysis of Reconciliation Initiatives in Musha Village." Politologija 101, no. 1 (July 16, 2021): 107–48. http://dx.doi.org/10.15388/polit.2021.101.4.

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The article examines how reconciliation is perceived at the individual level. This particular case study analyses what types of reconciliation practices exist in Musha village and whether or not the inhabitants see it as effective ones. In an attempt to investigate the reconciliation definition from the local people’s perspective and to observe their community-level experiences, ethnographic fieldwork in Rwanda has been conducted. This study reveals that locals understand reconciliation in the same way as the government authorities proclaim. Data gathered during this field trip indicate the significance of reconciliation as controlled by the national government. As a consequence, the people are not able, and at the same time, are not really concerned about rethinking reconciliation in other possible ways. Furthermore, this concludes the fact that the central authorities have become able to peacefully construct the narrative of forced reconciliation, while social exclusion in the country still robustly prevails.

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6

Rettig, Max. "Gacaca: Truth, Justice, and Reconciliation in Postconflict Rwanda?" African Studies Review 51, no. 3 (December 2008): 25–50. http://dx.doi.org/10.1353/arw.0.0091.

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Abstract:In institutionalizing gacaca, the Rwandan government has launched one of the most ambitious transitional justice projects the world has ever seen. But gacaca is controversial, and its contribution to postconflict reconciliation is unclear. Through public opinion surveys, trial observations, and interviews, this study provides a window into how gacaca has shaped interethnic relations in one Rwandan community. Although gacaca has brought more people to trial than the ICTR, transnational trials, and the ordinary Rwandan courts combined, gacaca exposes—and perhaps deepens—conflict, resentment, and ethnic disunity. Lies, half-truths, and silence have limited gacaca's contribution to truth, justice, and reconciliation.

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7

SULLO, PIETRO. "Lois Mémorielles in Post-Genocide Societies: The Rwandan Law on Genocide Ideology under International Human Rights Law Scrutiny." Leiden Journal of International Law 27, no. 2 (April 24, 2014): 419–45. http://dx.doi.org/10.1017/s0922156514000089.

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AbstractThis article discusses the Rwandan Law 18/2008 on genocide ideology in the light of international human rights standards. In order to put the genocide ideology law into context, it sketches a brief overview of the post-genocide scenario. Because of the influence that provisions restricting freedom of expression aimed at fighting negationism might exert on testimonies during genocide trials, it pays particular attention to the transitional justice strategies adopted in Rwanda. Finally, it assesses the law on the genocide ideology against the background provided by the measures implemented in some European countries to deal with the phenomenon of negationism.

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Caparos, Serge, Eugène Rutembesa, Emmanuel Habimana, and Isabelle Blanchette. "The psychological correlates of transitional justice in Rwanda: A long-term assessment." Psychological Trauma: Theory, Research, Practice, and Policy 12, no. 7 (October 2020): 774–84. http://dx.doi.org/10.1037/tra0000583.

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9

Geraghty, Mark Anthony. "Gacaca, Genocide, Genocide Ideology: The Violent Aftermaths of Transitional Justice in the New Rwanda." Comparative Studies in Society and History 62, no. 3 (July 2020): 588–618. http://dx.doi.org/10.1017/s0010417520000183.

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AbstractThis article investigates the violent aftermaths of Rwanda's 1994 Genocide and Liberation war by analyzing its Gacaca Courts, which framed themselves as a “traditional” mechanism of transitional justice. These specialized genocide tribunals, in operation between 2002 and 2012, authorized laypersons to sentence their neighbors to up to life in prison. They passed judgment on almost two million cases, at an official conviction rate of 86 percent. I argue that through their practice, “genocide” came to be constituted as a crime whose contours extended far beyond the boundaries of any international legal definition. It included a wide range of acts, utterances, and inner states, as potentially infinite manifestations of a boundless criminal interiority named “genocide ideology,” the necessary ‘driving force’ behind acts of genocide. Within Gacaca, genocide ideology was constituted as the continuing destructive potential of Hutu to menace or even disrespect innocent Tutsi, who were constituted as metonymic of the “new” state. The paranoid hermeneutics of those trials led them to project such an interiority within ‘others,’ imagined as constantly on the verge of erupting into insurrectionary violence, threatening the state's very foundation. The figure of the “Hutu” was transformed into a negative political category operating as a spectral threat haunting the New Rwanda. Gacaca led to a realization throughout the vast population that it marked as “Hutu” that the crime of genocide could potentially inhabit any and perhaps even all of them, thereby producing a generalized fear and pervasive silence.

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Ingelaere, Bert. "‘Does the truth pass across the fire without burning?’ Locating the short circuit in Rwanda's Gacaca courts." Journal of Modern African Studies 47, no. 4 (November 12, 2009): 507–28. http://dx.doi.org/10.1017/s0022278x0999005x.

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ABSTRACTThe modernised tradition of the Gacaca courts has become the key mechanism for dealing with the past in Rwanda. The process needs to establish accountability for all acts of genocide and to foster reconciliation. Nevertheless, popular narratives and survey results reveal that a widespread ‘crisis’ accompanied the initial stages of the Gacaca process. We argue that a problematic quest for the truth is short-circuiting reconciliation in post-genocide Rwanda. Truth-telling is the cornerstone of the transitional justice framework due to the design of the Gacaca tribunals. On the basis of twenty months of fieldwork in Rwandan villages, we locate tensions at different levels. The Gacaca system is a distinctively modern phenomenon despite its traditional appearance. The state-sanctioned speaking of the truth according to a prosecutorial logic runs counter to the core values of the customary institution and established societal practices. This friction is further enhanced by the underlying Judeo-Christian model of truth-telling introduced with the Gacaca system in a socio-political environment mediated by a culture of deceit and dominated by a war victor. In such a socio-cultural context, communication serves the interests of the power holders (national and local), and not necessarily the interest of truth-telling and justice.

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Ingelaere, Bert. "Learning “To Be” Kinyarwanda in Postgenocide Rwanda: Immersion, Iteration, and Reflexivity in Times of Transition." Canadian Journal of Law and Society / Revue Canadienne Droit et Société 30, no. 02 (May 20, 2015): 277–92. http://dx.doi.org/10.1017/cls.2015.15.

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Abstract The research activity generating data in times of transition is subject to politicization and needs to deal with widespread distrust due to the legacy of violence or atrocity. This article discusses the main principles of a research design that took into account these hindrances by making prudence its basic tenet. The objective was to generate understanding of the functioning of Rwanda’s gacaca court process through a heightened awareness in data collection. In doing so, this article calls attention to the importance of a reflective and adaptive research process in times of transitional justice. Two research principles are discussed in detail: immersion and iteration. The latter were adopted to facilitate the generation of context-specific knowledge on both breadth and depth of the transitional justice process. This article demonstrates how a pragmatic stance that draws on a variety of epistemologies and methodological approaches facilitates data collection as well as navigation of the field of study. It will be argued that data collection and the activity of navigating the field while collecting data reciprocally produce knowledge.

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12

Palou-Loverdos, Jordi. "Relaciones internacionales y justicia transicional: memoria, jurisdicción universal y el caso Ruanda/RD Congo." Deusto Journal of Human Rights, no. 13 (December 11, 2017): 15. http://dx.doi.org/10.18543/aahdh-13-2015pp15-62.

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<p>In the twentieth anniversary of the Srebrenica and Kibeho massacres, both executed under the presence of UN blue helmets, its timely to approach judicial and non-judicial mechanisms of transitional justice been used to face human right abuses of the past. Human tragedies of Rwanda and the democratic Republic of Congo are still devastating despite of developed initiatives about truth, justice and reparation. dialogue processes and universal jurisdiction initiatives inspired by international civil society depict a window of hope. National and international impacts of the Rwanda-DR Congo case judicial process, as the effects of the cancellation of universal jurisdiction in Spain, after ten years of open judicial inquiry, are presented to invite to a critical reflection.</p><p><strong>Received</strong>: 25 July 2015<br /><strong>Accepted</strong>: 30 November 2015<br /><strong>Published online</strong>: 11 December 2017</p>

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13

Orjuela, Camilla. "Passing on the torch of memory: Transitional justice and the transfer of diaspora identity across generations." International Journal of Transitional Justice 14, no. 2 (June 23, 2020): 360–80. http://dx.doi.org/10.1093/ijtj/ijaa005.

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Abstract∞ The role diaspora actors play in transitional justice (TJ) has recently been recognized by practitioners and scholars. This article focuses on how TJ initiatives, by re-emphasizing, retelling or silencing traumas of the past, can play an important role for the transfer of diaspora identity and homeland engagement across generations. Based on research on the diasporas from Rwanda and Sri Lanka, the article highlights the different positions made available for and taken up by young people in TJ, and the ways the past is evoked by the homeland state, diaspora organizations and people they meet in their day-to-day lives. TJ initiatives, the article argues, can serve as critical events that mobilize the young generation to support – or resist – narratives of the past, while also providing them with experiences that add to a postmemory of the painful past of their parents’ homeland.

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14

Rombouts, Heidy. "Truth and reconciliation: Should the key notions be revised?: Experiences from South-Africa and Rwanda." Temida 5, no. 4 (2002): 33–44. http://dx.doi.org/10.2298/tem0204033r.

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Both the South African Truth and Reconciliation Commission and the Gacaca tribunals, which started recently in Rwanda, are framed in terms of truth and reconciliation. But what does the truth mean? What does reconciliation mean? It can be argued that searching the truth has a very precise meaning - namely determining the details of what factually happened. And it is in this sense that most people understand the search for the truth. However it can be questioned whether this fact-finding is what the search for truth aims at in a context of transitional justice. .

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15

Bentrovato, Denise. "Accounting for genocide: transitional justice, mass (re)education and the pedagogy of truth in present-day Rwanda." Comparative Education 53, no. 3 (June 16, 2017): 396–417. http://dx.doi.org/10.1080/03050068.2017.1317997.

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16

Clark, P. "Bringing Them All Back Home: The Challenges of DDR and Transitional Justice in Contexts of Displacement in Rwanda and Uganda." Journal of Refugee Studies 27, no. 2 (February 28, 2014): 234–59. http://dx.doi.org/10.1093/jrs/fet051.

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17

Schimmel, Noam. "A Review of: “Phil Clark and Zachary Kaufman.After Genocide: Transitional Justice, Post-Conflict Reconstruction and Reconciliation in Rwanda and Beyond.”." Terrorism and Political Violence 22, no. 2 (March 9, 2010): 324–28. http://dx.doi.org/10.1080/09546551003618059.

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18

Viebach, Julia. "Of other times: Temporality, memory and trauma in post-genocide Rwanda." International Review of Victimology 25, no. 3 (March 11, 2019): 277–301. http://dx.doi.org/10.1177/0269758019833281.

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This article explores how survivors’ experiences of extreme violence change their relationship with time. It draws on extensive fieldwork undertaken with survivors of the 1994 Genocide against the Tutsi and participatory observation of Rwanda’s annual commemoration ceremonies. It focuses on the practice of ‘care-taking’ that survivors engage in at genocide memorials that display human remains and dead bodies. This article identifies the different temporal practices that survivors use to help remake their worlds after the 1994 Genocide. In doing so, it asks: how do survivors construct time through informal mnemonic practices? How do they experience time during the commemoration? And what mode of temporality is inscribed in the materiality of memorials? The article demonstrates that care-taking and imagination produce a symbolic time-reversal, whereas the materiality of the memorial sites preserves the past in the present. The commemoration constructs different temporal logics, such as time homogenisation and a traumatic cyclicalisation, something I describe through the notion of ‘trauma-time’. The article concludes that multiple temporalities are produced and reproduced in various attempts to remake lives after genocide that counter simplistic ‘before and after’ accounts of time dominant in the transitional justice discourse.

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Thorne, Benjamin. "Liberal international criminal law and legal memory: deconstructing the production of witness memories at the International Criminal Tribunal for Rwanda." Journal of the British Academy 9s2 (2021): 127–54. http://dx.doi.org/10.5871/jba/009s2.127.

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International criminal tribunals and courts, such as the International Criminal Tribunal for Rwanda (ICTR), are commonly understood within legal transitional justice scholarship as the primary response to mass human rights violations, not only in addressing impunity, but also in uncovering the truth of what happened and why. This conceptually orientated article aims to deconstruct legal witnessing and memory production at the ICTR in order to critique claims in legal scholarship that international criminal institutions are able to produce a collective memory of mass rights violations. Specifically, the article proposes an original conceptual framework using insights from critical theory, Giorgio Agamben (witness) and Paul Ricoeur (memory), which it is argued extends our understanding of the scope, and limitations, of liberal Western criminal institutions� (in)ability to make sense of past atrocities.

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Agbor, Avitus A., and Esther E. Njieassam. "Beyond the Contours of Normally Acceptable Political Violence: Is Cameroon a Conflict/Transitional Society in the Offing?" Potchefstroom Electronic Law Journal 22 (May 21, 2019): 1–32. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a4961.

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Legal scholars and other social scientists agree that political violence comprising assaults on civil and political liberties may occur in the context of contentious politics. Unfortunately, there have been instances in history where such politics is marked by intermittent attacks against people's rights and freedoms. Such attacks occur when politics has gone sour, and there are times when the violence exceeds the bounds of what is acceptable. From the documented atrocities of Nazi Germany, the horrendous crimes of the regime of Slobodan Milosevic in the former Yugoslavia, the outrageous crimes perpetrated during the genocide in Rwanda, the shameful and despicable inhumanities inflicted on the people of Darfur in the Sudan, and the violence in post-electoral Kenya, to the bloodshed in areas like Mali, the Democratic Republic of the Congo, the Central African Republic, etc, violent conflict has punctuated world history. Added to this list of countries is Cameroon, which in the last quarter of 2016 degenerated into a hotspot of political violence in the English-speaking regions. The perpetration of political violence in Cameroon has raised serious questions that may be relevant not only to the resolution of the political problem that gave rise to the violence but also to laying the foundations of a post-conflict Cameroon that is united and honours the principles of truth, justice and reconciliation. This paper describes some of the salient occurrences of political violence in Cameroon and argues that the presence of specific elements elevates this violence to the level of a serious crime in international law. It is argued herein that crimes against humanity may have been committed during the state action against the Anglophones in Cameroon. It is also argued that the political character of the violence, added to the scale of the victimisation and its systematic and protracted nature, qualify Cameroon as a transitional society engaged in conflict that is in need of transitional justice. Reflecting on the extent of the suffering of the victims of such political violence, this paper discusses the function of the justice system in establishing the truth and holding the perpetrators accountable. Past instances of political violence in Cameroon have been glossed over, but in our opinion, healing a fragmented and disunited Cameroon with its history of grave violations of human rights requires that the perpetrators be held accountable, and that truth and justice should prevail. Such considerations should be factored into the legal and political architecture of a post-conflict, transitional Cameroon.

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Denov, Myriam, and Sara Kahn. "‘They Should See Us as a Symbol of Reconciliation’: Youth Born of Genocidal Rape in Rwanda and the Implications for Transitional Justice." Journal of Human Rights Practice 11, no. 1 (February 1, 2019): 151–70. http://dx.doi.org/10.1093/jhuman/huz011.

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22

Rieder, Philippe. "After Genocide: Transitional Justice, Post-Conflict Reconstruction and Reconciliation in Rwanda and Beyond, Phil Clark and Zachary D. Kaufman, eds., Hurst & Company, London, 2008, pp. 432." Canadian Journal of Political Science 43, no. 4 (December 2010): 1034–36. http://dx.doi.org/10.1017/s0008423910000788.

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Zorbas, E. "After Genocide: Transitional Justice, Post-Conflict Reconstruction, and Reconciliation in Rwanda and Beyond, ed. Phil Clark and Zachary D. Kaufman. Genocide: Truth, Memory, and Representation, ed. Alexander Laban Hinton and Kevin Lewis O'Neill." International Journal of Transitional Justice 4, no. 2 (May 11, 2010): 290–95. http://dx.doi.org/10.1093/ijtj/ijq001.

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Nyseth Brehm, Hollie, Laura C. Frizzell, Christopher Uggen, and Evelyn Gertz. "Consequences of judging in transitional justice courts." British Journal of Criminology 61, no. 5 (April 5, 2021): 1169–86. http://dx.doi.org/10.1093/bjc/azab008.

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Abstract Research has found that participation in transitional justice (TJ) is associated with increased social capital and decreased well-being. This article extends this scholarship by examining how TJ mechanisms affect the social capital and well-being of the people who implement them via interviews with 135 Rwandan gacaca court judges. In terms of well-being, judges discuss pride and confidence yet also highlight stress and trauma. In terms of social capital, many judges are now mediators and local leaders, though numerous judges have also experienced grudges from the families of those they sentenced. These negative consequences were particularly prominent among judges with more authority.

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Thomson, Susan M. "Phil Clark and Zachary D. Kaufman, eds. After Genocide: Transitional Justice, Post-Conflict Reconstruction and Reconciliation in Rwanda and Beyond. New York: Columbia University Press, 2009. xxviii + 399 pp. List of Abbreviations. Glossary. About the Contributors. Notes. Figures. Tables. Index. $50.00. Cloth." African Studies Review 53, no. 1 (April 2010): 204–6. http://dx.doi.org/10.1353/arw.0.0253.

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Gasanabo, Jean-Damascène, Donatien Nikuze, Hollie Nyseth Brehm, and Hannah Parks. "Rwanda’s Inyangamugayo: Perspectives from Practitioners in the Gacaca Transitional Justice Mechanism." Genocide Studies and Prevention 14, no. 2 (September 2020): 153–72. http://dx.doi.org/10.5038/1911-9933.14.2.1642.

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The Gacaca courts have been the subject of much academic work. Yet, few studies have examined the elected individuals who presided over Gacaca court trials, reflecting a broader paucity of research on local practitioners of transitional justice. Accordingly, this study asks two questions: (1) How did the Gacaca court judges, known as Inyangamugayo, perceive their duties to fight impunity and facilitate reconciliation? And (2) What challenges did the Inyangamugayo face as they sought to implement these duties? To address these questions, we interviewed 135 former Inyangamugayo. Our interviews shed light on the Inyangamugayo’s understandings of punishment and accountability, as well as on their perceptions of reconciliation at personal and societal levels. The interviews also illuminate the problems the Inyangamugayo faced while presiding over trials. Taken together, these findings contribute to scholarship on transitional justice pursuits by highlighting the perceptions and experiences of the individuals who implement transitional justice mechanisms.

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Brehm, Hollie Nyseth, Christi Smith, and Evelyn Gertz. "Producing Expertise in a Transitional Justice Setting: Judges at Rwanda’s Gacaca Courts." Law & Social Inquiry 44, no. 1 (January 1, 2019): 78–101. http://dx.doi.org/10.1111/lsi.12347.

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Ejobowah, John Boye. "Burying the Past." American Journal of Islam and Society 20, no. 1 (January 1, 2003): 128–30. http://dx.doi.org/10.35632/ajis.v20i1.1877.

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How should societies that have transitioned from authoritarian to democraticrule deal with the atrocities and gross human rights violations of theirimmediate past? Should those implicated in the crimes of past regimes beprosecuted? This sophisticated volume attempts to address such questions.About one-third of the book is comprised of well-reasoned theoreticalchapters that answer the above questions by creating a space in liberal justicefor forgiveness. The remainder consists of empirical contributions thatdescribe the ways in which international institutions and five countries(Chile, Guatemala, South Africa, Rwanda, and Northern Ireland) haveresponded to such crimes. Unlike the theoretical section, most contributionshere argue that while memory and forgiveness (the truth commissions) areimportant, they are not enough to meet the victims’ psychological needsand do not guarantee non-repetition. The introduction rightly acknowledgesthat some of the chapters argue in different directions.Doing justice in the aftermath of civil conflict is a thorny problem. In liberalism,criminal justice always has been straightforward: the courts, themouthpiece of objective law, have to mediate and impose punishment if theperpetrator is proven guilty. Punishment must consist of penalties that annulthe advantages seized by the criminal, compensate the victim in the case of ...

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Pathak, Professor Bishnu. "A Comparative Study of World’s Truth Commissions —From Madness to Hope." World Journal of Social Science Research 4, no. 3 (June 29, 2017): 192. http://dx.doi.org/10.22158/wjssr.v4n3p192.

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<em>The objective of this paper is to explore the initiatives and practices of different countries in truth seeking. Many countries during the post-conflict, colonial, slavery, anarchical and cultural genocide periods establish the Truth Commissions to respond to the past human wrongdoings: crimes and crimes against humanity. Enforced Disappearances (ED), killings, rapes and inhumane tortures are wrongdoings. Truth Commission applies the method of recovering silences from the victims for structured testimonies. The paper is prepared based on the victim-centric approach. The purpose reveals the piecemeal fact-findings to heal the past, reconcile the present and protect the future. The study covers more than 50 Commissions in a chronological order: beginning from Uganda in 1974 and concluding to Nepal in February 2015. Two Commissions in Uruguay were formed to find-out enforced disappearances. Colombian and Rwandan Commissions have established permanent bodies. The Liberian TRC threatened the government to submit its findings to the ICC if the government failed to establish an international tribunal. The Commissions of Bolivia, Ecuador, Haiti, former Yugoslavia and Zimbabwe were disbanded, and consequently, their reports could not be produced. No public hearings were conducted in Argentina and former Yugoslavia. It is noted that only 8 public hearings in Ghana, 8 national hearings in East-Timor and 15 in Brazil were conducted. Moroccan Commission held public hearings after signing the bond paper for not to disclose the names of the perpetrators whereas Guatemala did not include the perpetrators’ names in the report. The Shining Path’s activists are serving sentences based on civil-anti-terrorist court, but Alberto Fujimori is convicted for 25 years. Chadian Commission worked even against illicit narcotics trafficking. The UN established its Commissions in Sierra Leon, El Salvador and East-Timor, but failed to restore normalcy in Kosovo. Haiti prosecuted 50 perpetrators whereas Guatemala prosecuted its former military dictator. The Philippines’ Commission had limited investigation jurisdiction over army, but treated the insurgents differently. In El Salvador, the State security forces were responsible for 85 percent and the non-state actors for 15 percent similar to CIEDP, Nepal. The TRCs of Argentina, East-Timor, Guatemala, Morocco, Peru and South Africa partially succeeded. Large numbers of victims have failed to register the complaints fearing of possible actions. All perpetrators were controversially granted amnesty despite the TRC recommendation in South Africa. The victims and people still blamed Mandela that he sold out black people’s struggle. Ironically, the perpetrators have received justice, but the victims are further victimized. As perpetrator-centric Government prioritizes cronyism, most of the Commissioners defend their respective institution and individuals. Besides, perpetrators influence Governments on the formation of Truth Commission for ‘forgetting the victims to forgive the perpetrators’. A commission is a Court-liked judicial and non-judicial processes body, but without binding authority except Sierra Leone. Transitional Justice body exists with a five-pillar policy: truth, justice, healing, prosecution and reparation. It has a long neglected history owing to anarchical roles of the perpetrators and weak-poor nature of the victims. Almost all TRCs worked in low budget, lack of officials, inadequate laws and regulations, insufficient infrastructures and constraints of moral supports including Liberia, Paraguay, Philippines, South Africa, Uganda and Nepal. The perpetrators controlled Governments ordered to destroy documents, evidences and testimonies in their chain of command that could have proven guilty to them.</em>

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Redwood, Henry, and Hannah Goozee. "Shifting Accounts of Justice: The Legalisation and Politicisation of International Criminal Justice." Social & Legal Studies, December 8, 2021, 096466392110588. http://dx.doi.org/10.1177/09646639211058832.

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In December 2015, the International Criminal Tribunal for Rwanda delivered its final verdict in Butare, bringing the International Criminal Tribunal for Rwanda to a close after 21-years. Despite the important role that the tribunal played in confirming international criminal justice as a key transitional justice mechanism, and tool of international peace and security, there has been little retrospective analysis of the court’s history. This article draws on a Bourdieusian field analysis to address the absence and makes two contributions. First, it demonstrates that over the International Criminal Tribunal for Rwanda’s history the tribunal’s conception of justice shifted from a weak form of restorative justice to a more traditional form of retributive justice. Second, it reveals that this shift was the result of a ‘settling’ on the law and, more importantly, UN Security Council interventions. This legalisation and politicisation of trial practice saw a shift in the field from prioritising moral authority to legal and delegated authority.

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"After genocide: transitional justice, post-conflict reconstruction and reconciliation in Rwanda and beyond." Choice Reviews Online 47, no. 04 (December 1, 2009): 47–2234. http://dx.doi.org/10.5860/choice.47-2234.

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Kubai, Anne. "‘Confession’ and ‘Forgiveness’ as a strategy for development in post-genocide Rwanda." HTS Teologiese Studies / Theological Studies 72, no. 4 (May 31, 2016). http://dx.doi.org/10.4102/hts.v72i4.3562.

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The government of Rwanda has pursued reconciliation with great determination in the belief that it is the only moral alternative to post-genocide social challenges. In Rwanda, communities must be mobilised and reshaped for social, political and economic reconstruction. This creates a rather delicate situation. Among other strategies, the state has turned to the concepts of confession and forgiveness which have deep religious roots, and systematised them both at the individual and community or state level in order to bring about reconciliation, justice, social cohesion and ultimately economic development. In view of these strategies and challenges, some of the important questions are: Does forgiveness restore victims and empower them to heal their communities? What empirical evidence exists that religiously inspired justice and reconciliation processes after mass political violence make a difference? In what areas might the understanding of religious thought and activity towards transitional justice be deepened? These questions provide the backdrop against which I examine the case of post-genocide Rwanda in this article. A hermeneutic interpretative analysis is used to situate the phenomena of forgiveness, confession and social transformation within the specific context of post-conflict societies.

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"Supplemental Material for The Psychological Correlates of Transitional Justice in Rwanda: A Long-Term Assessment." Psychological Trauma: Theory, Research, Practice, and Policy, 2020. http://dx.doi.org/10.1037/tra0000583.supp.

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"Rwanda’s Use of Transitional Justice After Genocide: The Gacaca Courts and the ICTR." Kansas Law Review, 2011. http://dx.doi.org/10.17161/1808.20180.

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Hancock, Landon, and Tamra d’Estrée. "Culture and Procedural Justice in Transitioning Societies." Peace and Conflict Studies, 2011. http://dx.doi.org/10.46743/1082-7307/2011.1126.

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In any transitional justice mechanism there are tradeoffs between the search for retributive justice and the practical limitations on what can be accomplished. To date, this tension has been discussed in reference to internationally established norms of justice, which the authors argue are limited in the extent to which they can explain why certain mechanisms—such as the South African Truth and Reconciliation Commission or Rwanda’s gacaca courts—have been considered successful. We argue that mechanisms that have a high overlap between local culture and elements of procedural justice are perceived as more fair and just, even to those who may not benefit—or indeed may be burdened—by their operation.

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Schimmel, Noam. "Transitional Justice Interviews and Reflections: Perspectives of Women Survivors of the Rwandan Genocide against the Tutsi on Reparation and Repair." Peace Review, April 4, 2022, 1–13. http://dx.doi.org/10.1080/10402659.2022.2055898.

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Verpoorten, Marijke. "The Intensity of the Rwandan Genocide: Measures from the Gacaca Records." Peace Economics, Peace Science and Public Policy 18, no. 1 (April 18, 2012). http://dx.doi.org/10.1515/1554-8597.1244.

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This article illustrates how fine continuous and categorical measures of genocide intensity can be derived from the records of the Rwandan transitional justice system. The data, which include the number of genocide suspects and genocide survivors across 1484 administrative sectors, are highly skewed and contain a non-negligible number of outlying observations. A number of genocide proxies are subjected to Principal Component Analysis (PCA) to obtain a genocide index, and the effect of survival bias on this index is reduced by augmenting the set of genocide proxies subjected to PCA with the distance from an administrative sector to the nearest mass grave. Finally, the administrative sectors are divided into distinct categories of low, moderate and high genocide intensity by means of Local Indicators of Spatial Auto-Correlation (LISA) that allow identifying significant high-high and low-low clusters of genocide intensity.

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Hollie Brehm, Nyseth, Louisa L. Roberts, Christopher Uggen, and Jean-Damascene Gasanabo. "‘We Came To Realize We Are Judges’: Moral Careers of Elected Lay Jurists in Rwanda’s Gacaca Courts." International Journal of Transitional Justice, October 24, 2020. http://dx.doi.org/10.1093/ijtj/ijaa018.

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Abstract In the wake of the 1994 genocide, Rwanda’s government created the Gacaca courts to hold suspected perpetrators accountable. Although much has been written about these courts, researchers know comparatively less about the 250,000 individuals who served as Gacaca court judges (inyangamugayo). We draw upon 135 interviews to explore how the inyangamugayo entered and adapted to their new public roles as moral arbiters, how these judges understood Gacaca’s missions, and how their social identities evolved over the course of multiple status transitions. Building on Erving Goffman’s sequential approach to moral careers, we trace the process of becoming a judge. In doing so, we highlight the two overarching missions that surfaced during the interviews – justice and reconciliation – and how the judges continued to view themselves as inyangamugayo even after the courts closed.

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"Promoting Justice, Truth and Reconciliation in Transitional Societies: Evaluating Rwanda's Approach In the New Millennium of Using Community Based Gacaca Tribunals To Deal With the Past." International Law FORUM du droit international 2, no. 2 (2000): 112–21. http://dx.doi.org/10.1163/15718040020962537.

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