Human Rights Analysis of Borderline Mechanism of Transitional Justice in Rwanda: Gacaca

Articles in Press

Document Type : Original Article

Authors

1 Faculty of Law and Political Sciences of Allameh Tabatabaei

2 Professor, Department of International Law, Faculty of Law and Political Science, Allameh Tabatabaei University. Tehran. Iran.

10.48300/jlr.2021.306324.1784

Abstract

It is said the more than one million have participated in 1994 genocide of Rwanda. Rwanda, while its justice infrastructure was ruined due to genocide, how did try to respond to perpetrators of international crimes? In this article, first we will provide a general picture of transitional justice in Rwanda in the form of Gacaca courts which was inspired by traditional and society based models. Then we will depict the informal system of justice before colonialism and origins and establishment of Gacaca courts and their structure and procedural law. At the end we will emphasize on the achievements and outcomes of Gacaca courts and at the same time human rights challenges of Gacaca system (including fair trial, non accountability) will be shown. Although Gacaca system has been criticized, our argument in this article is that using Gacaca system in Rwanda has helped to establish human rights, return of peace and stability in conflicted society of Rwanda.

Keywords

Journal of Legal Research

Articles in Press, Accepted Manuscript
Available Online from 21 June 2023

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