The tension between justice and reconciliation in Rwanda: politics, human rights, due process and the role of the 'gacaca' courts in dealing with the genocide

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Periodical article

Title:	The tension between justice and reconciliation in Rwanda: politics, human rights, due process and the role of the 'gacaca' courts in dealing with the genocide
Author:	Sarkin, Jeremy
Year:	2001
Periodical:	Journal of African Law
Volume:	45
Issue:	2
Pages:	143-172
Language:	English
Geographic term:	Rwanda
Subjects:	genocide offences against human rights gacaca
External link:	https://www.jstor.org/stable/3558953
Abstract:	Since the genocide of 1994, Rwanda has had immense difficulty in dealing with the past. It has pursued the model of prosecutions being able to bring many of the alleged perpetrators before the courts. But until now, relatively few genocide trials have taken place. This article analyses the political situation in Rwanda in the context of the country's human rights record in order to determine whether sufficient weight is being given to truth, reconciliation, peace and stability. It examines the proposed new 'gacaca' community courts to find out whether the benefits of using traditional courts to deal with genocide cases outweigh the potential problems. The article suggests that as so many years have elapsed since the genocide of 1994 the authorities cannot, and should not, seek to prosecute all those accused of participating in the slaughter. Attempting to prosecute all those in detention may cause more harm than good. Notes, ref., sum (p. I).