Transitional justice in a post-genocide scenario : towards reconciliation in Rwanda

Abstract

In 1994, Rwanda suffered one of the greatest genocides in contemporary history and was forced to adopt a Transitional Justice system that would allow society to heal. However and unlike many similar situations, Rwanda’s Transitional Justice principal aim seeks national reconciliation between victims and perpetrators, through the implementation of policies and mechanisms that accompany victims and perpetrators to share a common goal: unity. One of the main judicial mechanisms adopted in Rwanda are the Gacaca Courts, a traditional community court system that had been almost diminished during the colonization period. New Rwandan Organic Laws were necessary in order to readjust these Courts formula, allowing them to foresee a confession and guilty plea procedure, encouraging perpetrators to tell the truth, show remorse and ask for forgiveness. Gacaca Courts combine two elements that have become fundamental for enemies to live together again: fulfilling the victims’ legitimate desire for justice, while proposing an unusual tool rather unknown throughout history, which is forgiveness. Numerous sociologists have set their sights in Rwanda, as it is one unique case in which national reconciliation is being possible, permitting two sought enmity tribes to live together again peacefully. Rwanda is nowadays witnessing a successful reconciliation between victims and perpetrators.