Gacaca Courts Essay

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How far have Rwanda’s gacaca courts successfully delivered transitional justice? ‘By trying to achieve accountability and redressing victims, transitional justice provides recognition of the rights of victims, promotes civic trust and strengthens the democratic rule of law.’ (ICTJ, 2012) The gacaca courts are founded on a restorative form of justice aiming to achieve national unity and reconciliation rather than foster resentment among those who receive harsh punishment that will be regarded as RPF revenge. Gacaca, however, has proven to be problematic in a number of ways. It has been severely criticised by human rights organisations, who object to the absence of lawyers and other formal procedures conducive to the standards of international criminal law. Thomson (2011) also draws on the issue of government coercion, viewing gacaca merely as another form of government control over the population. Under gacaca law the population is forced to pursue justice, even against their own will, and witness accounts are often untruthful when given under the pressure of acting within the prescribed roles of Hutu génocidaires and Tutsi survivors. Although no other feasible alternative has been suggested, a close examination of the effects on all those involved has demonstrated that rather than delivering justice and building peaceful coexistence, the result of gacaca has been merely to re-traumatise the population, increase ethnic tensions and undermine democracy. The Rwandan government’s pursuit of justice in a western-style, prosecutorial manner proved unsuccessful. The weak judicial system in place post-genocide was insufficient to deal with the high volume of detainees waiting to be tried as former judges were either murdered or fled the country and conditions in the prisons had become life-threatening. Therefore, Kagame turned to Rwanda’s traditional gacaca court
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