EBOOK Rwanda's Gacaca Courts:Between Retribution and Reparation -

EBOOK Rwanda's Gacaca Courts:Between Retribution and Reparation

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Wydawnictwo: Oxford University Press
ISBN: 9780191627590
EAN: 539ED039EB
Format: 0,0 x 0,0 x 0,0
Oprawa: ...
Stron: 272
Data wydania: 2012
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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 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 Gacacalegislation 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 berespected 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 alsocontributed to assigning collective        responsibility and may thus end up deepening the divides within Rwandan        society.

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