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Rwanda's Gacaca CourtsBetween Retribution and Reparation$
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Paul Christoph Bornkamm

Print publication date: 2012

Print ISBN-13: 9780199694471

Published to Oxford Scholarship Online: May 2012

DOI: 10.1093/acprof:oso/9780199694471.001.0001

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Transitional Justice Through Prosecution

Transitional Justice Through Prosecution

Chapter:
(p.91) 3. Transitional Justice Through Prosecution
Source:
Rwanda's Gacaca Courts
Author(s):

PAUL CHRISTOPH BORNKAMM

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199694471.003.0004

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

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