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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. -- From back cover.

Dispute resolution (Law) --- Gacaca justice system --- Transitional justice

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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.

Gacaca justice system. --- Genocide --- Restorative justice --- Justice, Administration of --- Balanced and restorative justice --- BARJ (Restorative justice) --- Community justice --- Restorative community justice --- Criminal justice, Administration of --- Reparation (Criminal justice)

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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 ininternational criminal justice. This book critically examines the Gacaca courts' achievements as a mechanism of crimi

Gacaca justice system. --- Trials (Genocide) --- Transitional justice --- Reparation (Criminal justice) --- Rwanda --- History --- Compensation for victims of crime --- Criminal restitution --- Reparation --- Restitution (Criminal justice) --- Restitution for victims of crime --- Remedies (Law) --- Justice --- Human rights --- Justice, Administration of

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'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.

Gacaca justice system. --- Tutsi (African people) --- Violence (Law) --- Women --- Dictatorship. --- Lawfare. --- Violence against --- Kagamé, Paul, --- Rwanda --- Politics and government --- Political sociology --- Sociology of law --- Internal politics --- Criminal law. Criminal procedure --- anno 1990-1999 --- anno 2000-2009 --- anno 2010-2019

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"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.

Human rights --- Criminal law. Criminal procedure --- Legal theory and methods. Philosophy of law --- Rwanda --- Gacaca justice system --- Trials (Genocide) --- Transitional justice --- Reparation (Criminal justice) --- Système judiciaire gacaca --- Procès (Génocide) --- Justice transitionnelle --- Réparation (Droit) --- History --- Histoire --- Système judiciaire gacaca --- Procès (Génocide) --- Réparation (Droit) --- Trials (Genocide) - Rwanda --- Transitional justice - Rwanda --- Reparation (Criminal justice) - Rwanda --- Rwanda - History - Civil War, 1994