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Courts in Conflict: Interpreting the Layers of Justice in Post-Genocide Rwanda


ISBN13: 9780199398195
Published: June 2015
Publisher: Oxford University Press USA
Country of Publication: USA
Format: Hardback
Price: £105.00
Paperback edition , ISBN13 9780190941895



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The rise of international criminal trials has been accompanied by a call for domestic responses to extraordinary violence. Yet there is remarkably limited research on the interactions among local, national, and international transitional justice institutions.

Rwanda offers an early example of multi-level courts operating in concert, through the concurrent practice of the United Nations International Criminal Tribunal for Rwanda (ICTR), the national Rwandan courts, and the gacaca community courts. Courts in Conflict makes a crucial and timely contribution to the examination of these pluralist responses to atrocity at a juncture when holistic approaches are rapidly becoming the policy norm. Although Rwanda's post-genocide criminal courts are compatible in law, an interpretive cultural analysis shows how and why they have often conflicted in practice.

The author's research is derived from 182 interviews with judges, lawyers, and a group of witnesses and suspects within all three of the post-genocide courts. This rich empirical material shows that the judges and lawyers inside each of the courts offer notably different interpretations of Rwanda's transitional justice processes, illuminating divergent legal cultures that help explain the constraints on the courts' effective cooperation and evidence gathering. The potential for similar competition between domestic and international justice processes is apparent in the current practice of the International Criminal Court (ICC). However, this competition can be mitigated through increased communication among the different sites of justice, fostering legal cultures of complementarity that can more effectively respond to the needs of affected populations.

Subjects:
International Criminal Law, Other Jurisdictions , Africa
Contents:
ACKNOWLEDGMENTS
MAP OF RWANDA
INTRODUCTION
ABBREVIATIONS
CHAPTER 1 - The Rwandan Social Context
CHAPTER 2 - Inside the United Nations International Criminal Tribunal for Rwanda
CHAPTER 3 - Inside the Rwandan National Courts
CHAPTER 4 - Inside the Gacaca Courts
CHAPTER 5 - Legitimating Transitional Justice in Rwanda
CHAPTER 6 - Conclusion
APPENDIX
GLOSSARY
BIBLIOGRAPHY
TABLE OF CASES
TABLE OF STATUTES
INDEX