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Courts in Conflict

Interpreting the Layers of Justice in Post-Genocide Rwanda

Autor: Nicola Palmer

Limbă:

Legare: Copertă tare

Editura: Oxford University Press Inc

Disponibilitate: În depozitul extern

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The rise of international criminal trials has been accompanied by a call for domestic responses to e...

Informații despre carte

Autor

Nicola Palmer

Limbă

engleză

Legare

Carte - Copertă tare

Publicat

2015

Pagini

240

EAN

9780199398195

ISBN

0199398194

Enbook ID

09231665

Editura

Oxford University Press Inc

Greutate

456

Dimensiuni

165 x 245 x 24

Descriere completă

The rise of international criminal trials has been accompanied by a call for domestic responses to extraordinary violence. Yet there is remarkably limited research on the interactions among local, national, and international transitional justice institutions. Rwanda offers an early example of multi-level courts operating in concert, through the concurrent practice of the United Nations International Criminal Tribunal for Rwanda (ICTR), the national Rwandan courts, and the gacaca community courts. Courts in Conflict makes a crucial and timely contribution to the examination of these pluralist responses to atrocity at a juncture when holistic approaches are rapidly becoming the policy norm. Although Rwanda's post-genocide criminal courts are compatible in law, an interpretive cultural analysis shows how and why they have often conflicted in practice. The author's research is derived from 182 interviews with judges, lawyers, and a group of witnesses and suspects within all three of the post-genocide courts. This rich empirical material shows that the judges and lawyers inside each of the courts offer notably different interpretations of Rwanda's transitional justice processes, illuminating divergent legal cultures that help explain the constraints on the courts' effective cooperation and evidence gathering. The potential for similar competition between domestic and international justice processes is apparent in the current practice of the International Criminal Court (ICC). However, this competition can be mitigated through increased communication among the different sites of justice, fostering legal cultures of complementarity that can more effectively respond to the needs of affected populations.