Gacaca 2 0 What Is Left Of The Traditional Justice System In Rwanda Research Design Englisch
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Gacaca 2 0 What Is Left Of The Traditional Justice System In Rwanda Research Design Englisch
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Author : Sven Piechottka
language : en
Publisher: GRIN Verlag
Release Date : 2013-10-18
Gacaca 2 0 What Is Left Of The Traditional Justice System In Rwanda Research Design Englisch written by Sven Piechottka and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-18 with Political Science categories.
Seminar paper from the year 2013 in the subject Politics - Region: Africa, grade: 2,0, University of Constance, course: Vertiefungsseminar, language: English, abstract: The main thought of this research is to clarify the consequences of governmental (respectively colonial) influence for the legitimacy of Gacaca-courts in Rwanda. However, the outcomes are supposed to be general enough to assess the practicability of indigenous conflict resolution mechanisms in other African states as well. As a research design, the paper leaves the realisation of its methodological framework open.
Gacaca 2 0 What Is Left Of The Traditional Justice System In Rwanda Research Design Deutsch
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Author : Sven Piechottka
language : de
Publisher: GRIN Verlag
Release Date : 2013-10-18
Gacaca 2 0 What Is Left Of The Traditional Justice System In Rwanda Research Design Deutsch written by Sven Piechottka and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-18 with Political Science categories.
Studienarbeit aus dem Jahr 2013 im Fachbereich Politik - Region: Afrika, Note: 2,0, Universität Konstanz, Veranstaltung: Vertiefungsseminar, Sprache: Deutsch, Abstract: Der Hauptgedanke der Arbeit soll nach den Vorstellungen des Autors die Klärung der Auswirkungen (kolonial-)staatlichen Einflusses auf die Legitimität der Gacaca-Gerichte sein. Die Befunde sollen verallgemeinerungsfähig sein und somit dabei helfen, die Anwendbarkeit traditioneller Konfliktlösungsmechanismen auch in anderen afrikanischen Staaten einschätzen zu lernen. Als Research Design lässt das Papier die Durchführung der Studie offen und regt lediglich mittels eines methodologischen Rahmens zu derselben an.
Beyond Genocide Transitional Justice And Gacaca Courts In Rwanda
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Author : Pietro Sullo
language : en
Publisher: Springer
Release Date : 2018-09-19
Beyond Genocide Transitional Justice And Gacaca Courts In Rwanda written by Pietro Sullo and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-19 with Law categories.
Combining both legal and empirical research, this book explores the statutory aspects and practice of Gacaca Courts (inkiko gacaca), the centrepiece of Rwanda's post-genocide transitional justice system, assessing their contribution to truth, justice and reconciliation. The volume expands the knowledge regarding these courts, assessing not only their performance in terms of formal justice and compliance with human rights standards but also their actual modus operandi. Scholars and practitioners have progressively challenged the idea that genocide should be addressed exclusively through 'westernised' criminal law, arguing that the uniqueness of each genocidal setting requires specific context-sensitive solutions. Rwanda's experience with Gacaca Courts has emerged as a valuable opportunity for testing this approach, offering never previously tried homegrown solutions to the violence experienced in 1994 and beyond. Due to the unprecedented number of individuals brought to trial, the absence of lawyers, the participative nature, and the presence of lay judges directly elected by the Rwandan population, Gacaca Courts have attracted the attention of researchers from different disciplines and triggered dichotomous reactions and appraisals. The tensions existing within the literature are addressed, anchoring the assessment of Gacaca in a comprehensive legal analysis in conjunction with field research. Through the direct observation of Gacaca trials, and by holding interviews and informal talks with survivors, perpetrators, ordinary Rwandans, academics and the staff of NGOs, a purely legalistic perspective is overcome, offering instead an innovative bottom-up approach to meta-legal concepts such as justice, fairness, truth and reconciliation. Outlining their strengths and shortcomings, this book highlights what aspects of Gacaca Courts can be useful in other post-genocide contexts and provides crucial lessons learnt in the realm of transitional justice. The primary audience this book is aimed at consists of researchers working in the areas of international criminal law, transitional justice, genocide, restorative justice, African studies, human rights and criminology, while practitioners, students and others with a professional interest in the topical matters that are addressed may also find the issues raised relevant to their practice or field of study. Pietro Sullo teaches public international law and international diplomatic law at the Brussels School of International Studies of the University of Kent in Brussels. He is particularly interested in international human rights law, transitional justice, international criminal law, constitutional transitions and refugee law. After earning his Ph.D. at the Sant'Anna School of Advanced Studies in Pisa, Dr. Sullo worked at the Max-Planck-Institute for Comparative Public Law and International Law in Heidelberg as a senior researcher and as a coordinator of the International Doctoral Research School on Retaliation, Mediation and Punishment. He was also Director of the European Master's Programme in Human Rights and Democratization (E.MA) in Venice from 2013 to 2015 and lastly he has worked for international NGOs and as a legal consultant for the Libya Constitution Drafting Assembly on human rights and transitional justice.
The Gacaca Courts Post Genocide Justice And Reconciliation In Rwanda
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Author : Phil Clark
language : en
Publisher: Cambridge University Press
Release Date : 2010-09-09
The Gacaca Courts Post Genocide Justice And Reconciliation In Rwanda written by Phil Clark and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-09-09 with Political Science categories.
Since 2001, the Gacaca community courts have been the centrepiece of Rwanda's justice and reconciliation programme. Nearly every adult Rwandan has participated in the trials, principally by providing eyewitness testimony concerning genocide crimes. Lawyers are banned from any official involvement, an issue that has generated sustained criticism from human rights organisations and international scepticism regarding Gacaca's efficacy. Drawing on more than six years of fieldwork in Rwanda and nearly five hundred interviews with participants in trials, this in-depth ethnographic investigation of a complex transitional justice institution explores the ways in which Rwandans interpret Gacaca. Its conclusions provide indispensable insight into post-genocide justice and reconciliation, as well as the population's views on the future of Rwanda itself.
Rwanda S Gamble
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Author : Peter E. Harrell
language : en
Publisher: iUniverse
Release Date : 2003
Rwanda S Gamble written by Peter E. Harrell and has been published by iUniverse this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Law categories.
Gacaca is an innovative form of justice that the Rwandan government will use to try the more than 100,000 participants in the 1994 genocide. Instead of putting suspects before the statutory-law courts that existed prior to 1994, the government is establishing 11,000 popularly-elected tribunals and charging them with the task of investigating and trying crimes that occurred within their territorial jurisdiction. Officials hope that this will help clear the backlog of cases while giving suspects (most of whom have spent nearly a decade in prison without a trial) a chance finally to have their cases heard. This book provides a detailed explanation of how the system will work, from the selection and training of the judges to the basics of courtroom procedure. It also places gacaca in the context of rapidly emerging restorative theories of justice, and argues for gacaca's appropriateness in the Rwandan context. Based on interviews, training manuals, documents never-before-published in the United States, and extensive travels throughout Rwanda, this book is an invaluable introductory guide to gacaca and explains why similar forms of justice should be experimented with elsewhere.
Practical Challenges In Customary Law Translation
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Author : Ngarambe, Telesphore
language : en
Publisher: OSSREA
Release Date : 2016-07-25
Practical Challenges In Customary Law Translation written by Ngarambe, Telesphore and has been published by OSSREA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-25 with Language Arts & Disciplines categories.
The Rwandan justice system know as Gacaca, originally preserved by word of mouth was revived, documented, tested and used successfully to handle millions of legal cases in the aftermath of the Rwandan genocide against the Tutsi. This monograph begins by depicting the general picture of customary law and ponders on the practical challenges in the production of the modern Gacaca law in three versions: Kinyarwanda, French and English. The author demonstrates that translation involves language use and transfer, as well as communication within a cultural setting. The book amply demonstrates that linguistic, textual, contextual and cultural cues in translation should not be downplayed. It also shows that the cultural turn in translation has transformed and re-conceptualised the translation theory to integrate non-western thought about translation discipline since time immemorial. A major theme within the book is that teranslation as a mediating form between cultures and contexts should not overlook cultural differences because language is a marker of identity.
Inside Rwanda S Gacaca Courts
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Author : Bert Ingelaere
language : en
Publisher: University of Wisconsin Pres
Release Date : 2016-12-06
Inside Rwanda S Gacaca Courts written by Bert Ingelaere and has been published by University of Wisconsin Pres this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-06 with History categories.
Comprehensively documents how local courts after the Rwandan genocide gradually shifted from confession to accusation, from restoration to retribution.
Rwanda S Gacaca Courts
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Author : Paul Christoph Bornkamm
language : en
Publisher: OUP Oxford
Release Date : 2012-01-12
Rwanda S Gacaca Courts written by Paul Christoph Bornkamm and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-12 with Law categories.
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 in international 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 Gacaca legislation 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 be respected 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 also contributed to assigning collective responsibility and may thus end up deepening the divides within Rwandan society.
Courts In Conflict
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Author : Nicola Frances Palmer
language : en
Publisher: Oxford University Press, USA
Release Date : 2015
Courts In Conflict written by Nicola Frances Palmer and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with History categories.
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 multilevel courts operating in concert. This book 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. It focuses on the practices of Rwanda's post-genocide criminal courts.
The Gacaca Courts
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Author : Colin O'Reilly
language : en
Publisher:
Release Date : 2016
The Gacaca Courts written by Colin O'Reilly and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with categories.
In the aftermath of the Rwandan genocide the crippled formal judicial system failed to administer justice in a timely manner. A modified version of the traditional Gacaca courts were introduced to hear cases from the backlog of over 100,000 genocide suspects. We find that the Gacaca courts performed well relative to the formal justice system given the constraints faced. The Gacaca courts generated valuable information about the genocide suspects and increased access to the justice system. The introduction of the Gacaca courts improved the performance of the formal justice system and facilitated post-conflict recovery.