ABSTRACT
This study entitled mobilisation of the judicial procedure
in the transitional justice process in post-conflict societies: the case study
of Rwanda, aims at demonstrating how the judicial procedure is mobilised
in the transitional justice process. It makes an analysis of the institutions
involved in transitional justice in Rwanda, exposes its breakthroughs and
bottlenecks, and finally makes some recommendations in order to strengthen the
transitional justice institutions. In fact, Rwanda used transitional justice
mechanisms, inspired by international criminal law and African tradition, in a
bid to find solutions to the traumatic situations where serious crimes had been
perpetrated. Our goal in this study is to find out whether the transitional
justice institutions really contributed to consolidate and ensure sustainable
peace in Rwanda. We used the functionalist theory as well as socio-historic,
legal and holistic approaches. In the first part of the study entitled
«The judicial institution in action in the Rwanda post-genocide
context», we first analysed the judicial procedure in the transitional
justice process at the national level. We laid emphasis on the genocide and the
creation of the transitional justice institutions thereof. We further analysed
the classic jurisdictions and the Gacaca jurisdictions, which are transitional
justice institutions at the national level. Thereafter, we analysed the
mobilisation of the international judicial approach through the International
Criminal Tribunal for Rwanda (ICTR) notably, its contribution to the fight
against impunity. The second part of the study focused on the «mixed
results of the judicial procedure in the transitional justice process in
Rwanda». Through the right to guarantees of non-repetition: support to the
restoration and building of rule of law, reconciliation, promotion of inclusive
governance and reform of security sector, we brought out the way the judicial
procedure in the transitional justice process significantly contributed to the
promotion of peace consolidation: building of human rights and promotion of
reconciliation in Rwanda. Secondly, the study analysed the perfectible
contribution to the peace dynamic of the judicial procedure in the transitional
justice process. We laid emphasis on the obstacles that hinder the smooth
achievement of transitional justice. At the end of the analyses, it appears
that transitional justice is very important for Rwanda in the sense that it
punishes the criminals but also establishes sustainable peace by revealing the
truth on the events that happened and by enabling reconciliation among the
societies divided and traumatised by human right abuses and violations during a
conflict or genocide. Through the Gacaca jurisdictions, Rwanda constitutes a
model of community involvement in the administration of international criminal
justice. Even though the Gacaca have not been quite efficient, countries which
are to manage a difficult past may thereof draw their inspiration. This
mechanism would produce good results, provided it is not instrumented by
political authorities nor distorted, notably by assigning it a complex mandate
which goes beyond its capacities. In fact, the mandate of the Gacaca
jurisdictions is noteworthy both in quality and quantity despite some
bottlenecks. The Gacaca are the most efficient and dynamic initiatives launched
after the genocide for justice and reconciliation. At the end of this study, it
is also worth mentioning that in spite of the difficulties of the international
criminal system during its creation, the ICTR is a key instrument in the
international legal acknowledgment of the genocide perpetrated against Tutsis.
In a nutshell, in spite of the imperfections of the ICTR and the Gacaca
tribunals, it can be said and underlined that an effort towards justice has
been made in Rwanda, which led to the edification of a society more respectful
of the law; In spite of some imperfections, quite little actually, we strongly
emphasized that transitional justice is a main contribution to peace and
post-conflict reconstruction in Rwanda history.
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