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Dictionnaire testimonial et mémoriel

Rwanda’s Gacaca Courts

Susan Thomson
p. 143-144

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1In June 2012, Rwanda's community-based gacaca (ga-cha-cha) courts closed after processing almost two million cases for crimes of genocide. The courts are at the heart of government efforts to achieve national unity and reconciliation following the violence of the 1994 genocide. In just 100 days, ethnic Hutu militias orchestrated the deaths of their ethnic Tutsi kin and kith. The sheer size and scale of the violence of the 1994 genocide makes post-genocide justice a complicated affair, as the Rwandan Patriotic Front (R P F) government sought to hold accountable every individual accused of genocide crimes.

2Rwanda put most of the population on trial – as perpetrator, victim, bystander, rescuer and judge — to make accusations and evaluate confessions. In opting for mass justice, Rwanda chose local, community-based justice over other post-conflict reconciliation mechanisms such as amnesties or truth commissions. In consultation with its foreign donors, the government made the gacaca courts its primary legal mechanism to generate a truthful record of who did what to whom during the 1994 genocide. While proponents of modern gacaca praise it as locally forged and culturally relative justice, such claims fail to distinguish the idea of gacaca from its implementation. Modern gacaca is part of the formal Rwandan legal system and its post-genocide operation is both politicized and rooted in local power dynamics. Proponents of the gacaca courts generally fail to distinguish their promise as a mechanism to deliver justice and reconciliation from the actual ability of the courts to do so. More critical observers understand the courts to be part and parcel of a top-down Rwandan government-led system of justice and reconciliation that favours retributive over restorative justice. The courts relied on perpetrator shame and survivor forgiveness to produce national unity and reconciliation. The government used the courts to target its political opponents and critics. Gacaca also produced a moral hierarchy in which genocide crimes committed by ethnic Hutu were tried while crimes committed by ethnic Tutsi, as well as a members of the now ruling-R P F, were not.

3Through formalizing both the process of and participation in the gacaca courts, the post-genocide government made a traditional dispute resolution mechanism a formal part of the Rwandan legal system. Such an approach not only forced participation in the countrywide gacaca process, it also resulted in a scripted reconciliation that largely failed Rwandans.

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References

Bibliographical reference

Susan Thomson, Rwanda’s Gacaca CourtsTémoigner. Entre histoire et mémoire, 121 | 2015, 143-144.

Electronic reference

Susan Thomson, Rwanda’s Gacaca CourtsTémoigner. Entre histoire et mémoire [Online], 121 | 2015, Online since 01 October 2016, connection on 18 January 2026. URL: http://journals.openedition.org/temoigner/3537; DOI: https://doi.org/10.4000/temoigner.3537

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The text and other elements (illustrations, imported files) are “All rights reserved”, unless otherwise stated.

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