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2 - Legal responses to genocide in Rwanda

Published online by Cambridge University Press:  05 May 2010

Alison Des Forges
Affiliation:
Consultant, Human Rights Watch, New York, USA
Timothy Longman
Affiliation:
Associate Professor of Political Science and African Studies, Vassar College; Research Fellow of the Human Rights Center, University of California, Berkeley, USA
Eric Stover
Affiliation:
University of California, Berkeley
Harvey M. Weinstein
Affiliation:
University of California, Berkeley
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Summary

In the aftermath of the 1994 Rwandan genocide, both the international community and the government of Rwanda have placed substantial emphasis on the prosecution of alleged perpetrators, in part because they hope that justice will promote social reconstruction. With trials at the International Criminal Tribunal for Rwanda (ICTR) based in Arusha, Tanzania, in national courts in Belgium and Switzerland, in classical courts in Rwanda, and in an innovative, local judicial system, gacaca, the Rwandan genocide has received greater judicial attention than any other case of mass atrocity in recent history. Because of the military defeat of the regime that carried out the genocide and the willingness of many countries to support judicial processes, a very substantial number of the alleged perpetrators have been apprehended and are awaiting trial. Hence, Rwanda might provide an excellent case for determining whether trials do in fact contribute to reconciliation.

Yet each of the judicial initiatives has been beset with problems, and the contribution of the sum of their activities to reconciliation remains unclear. Both international and domestic prosecutions have focused exclusively on the genocide, while war crimes and crimes against humanity allegedly perpetrated by some power-holders in the post-genocide regime have been ignored, compromising the appearance of fairness in judicial processes. The Arusha Tribunal has remained detached from Rwandan society, focusing more on legal processes and contributions to international law than on its potential impact within Rwanda. Domestic prosecutions, meanwhile, have been politicized.

Type
Chapter
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My Neighbor, My Enemy
Justice and Community in the Aftermath of Mass Atrocity
, pp. 49 - 68
Publisher: Cambridge University Press
Print publication year: 2004

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  • Legal responses to genocide in Rwanda
    • By Alison Des Forges, Consultant, Human Rights Watch, New York, USA, Timothy Longman, Associate Professor of Political Science and African Studies, Vassar College; Research Fellow of the Human Rights Center, University of California, Berkeley, USA
  • Edited by Eric Stover, University of California, Berkeley, Harvey M. Weinstein, University of California, Berkeley
  • Book: My Neighbor, My Enemy
  • Online publication: 05 May 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511720352.005
Available formats
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  • Legal responses to genocide in Rwanda
    • By Alison Des Forges, Consultant, Human Rights Watch, New York, USA, Timothy Longman, Associate Professor of Political Science and African Studies, Vassar College; Research Fellow of the Human Rights Center, University of California, Berkeley, USA
  • Edited by Eric Stover, University of California, Berkeley, Harvey M. Weinstein, University of California, Berkeley
  • Book: My Neighbor, My Enemy
  • Online publication: 05 May 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511720352.005
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Legal responses to genocide in Rwanda
    • By Alison Des Forges, Consultant, Human Rights Watch, New York, USA, Timothy Longman, Associate Professor of Political Science and African Studies, Vassar College; Research Fellow of the Human Rights Center, University of California, Berkeley, USA
  • Edited by Eric Stover, University of California, Berkeley, Harvey M. Weinstein, University of California, Berkeley
  • Book: My Neighbor, My Enemy
  • Online publication: 05 May 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511720352.005
Available formats
×