The Courts of Genocide: Politics and the Rule of Law in Rwanda and Arusha

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  • Edition: 1st
  • Format: Hardcover
  • Copyright: 2009-08-25
  • Publisher: Cavendish Pub Ltd

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The Courts of Genocide focuses on the judicial response to the genocide in Rwanda in order to address the search for justice following mass atrocities.

Author Biography

Nicholas A. Jones is an Assistant Professor in the Department of Justice Studies at the University of Regina.

Table of Contents

List of tables and figuresp. xi
Acknowledgementsp. xii
Map: Republic of Rwanda: locations of 1994 genocide massacresp. xiv
The Rwandan genocide and the judicial responsep. 1
What is genocide?p. 3
The adjudication of the Rwandan genocidep. 7
The Gacaca courtsp. 8
The Rwandan criminal courtsp. 9
The International Criminal Tribunal for Rwanda (ICTR)p. 9
Other relevant jurisdictionsp. 10
Military trialsp. 10
Genocide trials in other foreign jurisdictionsp. 11
Looking forwardp. 13
A historical and conceptual framework for understanding justice in the aftermath of the Rwandan genocidep. 16
A brief history of ethnicity and politics in Rwandap. 17
Pre-colonial ethnic relations and political organizationp. 17
The colonial era: the institutionalization of ethnicity and Tutsi political dominancep. 20
The Hutu social revolution in 1959: the reversal of ethnic politicp. 23
Post-colonial Rwandan political structure: the first and second republics; 1959-92p. 25
The Arusha Accords of 1992p. 26
Critical contextual aspects of the genocidep. 28
The international contextp. 32
Conceptual frameworkp. 33
Restorative and retributive justicep. 33
Responsive regulationp. 36
Liberal-legalism: the use of trials within the context of mass atrocityp. 38
Cosmopolitan lawp. 41
The rule of lawp. 43
The Gacaca courtsp. 51
The history and development of the Gacacap. 53
Anthropological considerationsp. 54
Legal considerationsp. 57
Confession and plea bargaining proceduresp. 63
The trial processp. 65
Religious considerationsp. 67
Gacaca courts and the search for justicep. 68
Restorative and retributive justice?p. 68
Responsive regulationp. 72
Liberal-legalism in the Gacacap. 74
Rule of lawp. 74
The Rwandan national judiciaryp. 80
Historical issues impacting the current judiciaryp. 80
Problems facing the judiciary in the immediate aftermath of the genocidep. 81
Massive arrests and burgeoning prison populationp. 82
A consequence of genocide: a depleted judiciaryp. 84
Domestic Rwandan law did not include genocide crimesp. 84
The specialized chambers for genocide trialsp. 85
A system in transition: judicial reformp. 89
Constitutional reformp. 89
Judicial restructuringp. 91
Competency of judicial personnelp. 93
Relationship to the Gacacap. 94
Relationship to the ICTRp. 95
Restorative and/or retributive justicep. 98
Responsive regulationp. 98
Liberal-legalismp. 99
Rule of lawp. 100
The International Criminal Tribunal for Rwandap. 104
Factors contributing to the creation of the ICTRp. 105
The ICTR: organizational structurep. 109
The chambersp. 109
The Office of the Prosecutor (OTP)p. 112
The Registryp. 115
The ICTR Statute and the concept of jurisdictionp. 119
Jurisdictional mandate of the ICTR and the suspected crimes of the RPFp. 121
ICTR cases and budgetp. 124
Restorative and retributive justice at the ICTRp. 125
The ICTR and responsive regulationp. 127
Liberal-legalismp. 127
The ICTR and the rule of law in Rwanda and internationallyp. 128
International jurisprudence: definitions of the crimes and the key precedentsp. 132
The ICTR Statute and the crimes it is charged with prosecutingp. 132
Genocidep. 133
Crimes against humanityp. 134
Hierarchy of crimes?p. 136
Precedent-setting cases at the ICTRp. 137
Prosecutor v Jean-Paul Akayesu (Case No ICTR-96-4-T)p. 138
Genocidep. 138
Individual responsibilityp. 140
Intent: dolus specialisp. 142
Rape as a crime of genocidep. 142
Prosecutor v Jean Kambanda (Case No ICTR-97-23-A)p. 144
Factors relevant in sentencing at the ICTRp. 144
Prosecutor v Ferdinand Nahimana, Jean-Bosco Barayagwiza and Hassan Ngeze (Case No ICTR-99-52-T): the Media Casep. 148
The impact of these casesp. 150
Issues impacting the search for justice: witness protection, hearsay evidence, and plea bargainingp. 156
Witness protectionp. 156
The ICTR witness protection strategyp. 161
Hearsay evidencep. 164
Plea bargaining: negating a judicial outcomep. 167
The confession procedure within Rwandap. 168
The ICTRp. 172
Conclusions, predictions, and reflectionsp. 180
Overall judgmentsp. 180
The Gacacap. 182
The Rwandan national judiciaryp. 182
The International Crime Tribunal for Rwandap. 184
The achievement of their shared mandate for Rwandansp. 185
Reflectionsp. 187
Restorative and retributive justicep. 187
Liberal-legalismp. 190
Cosmopolitan lawp. 191
Referencesp. 193
p. 206
Indexp. 222
Table of Contents provided by Ingram. All Rights Reserved.

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