Chapter

Transitional Justice Through Prosecution

PAUL CHRISTOPH BORNKAMM

in Rwanda's Gacaca Courts

Published in print January 2012 | ISBN: 9780199694471
Published online May 2012 | e-ISBN: 9780191738326 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199694471.003.0004
Transitional Justice Through Prosecution

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This chapter looks at Gacaca from the angle of international law, more precisely of international criminal and human rights law. Both fields of law provide guidelines for states in transitional justice situations. The example of the Rwandan transition is of particular interest for the discussion of these guidelines due to the unprecedented challenges that the country is facing in dealing with the enormous numbers of victims and perpetrators. In fact, Rwanda's situation calls the whole concept of transitional justice and its attempt to set universally applicable paradigms for similar situations into question. The chapter focuses on Rwanda's international obligations with regard to the prosecution of the perpetrators of the genocide, and what Rwanda did to live up to these obligations.

Keywords: Gacaca courts; Rwanda; international criminal law; human rights law; transitional justice

Chapter.  16356 words. 

Subjects: Public International Law

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