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Full-Text Articles in Law
Between Punitive And Reconstructive Justice: The Gacaca Courts In Rwanda, Erin Daly
Between Punitive And Reconstructive Justice: The Gacaca Courts In Rwanda, Erin Daly
Erin Daly
In the aftermath of the 1994 genocide in Rwanda, in which almost a million people were killed by their fellow citizens within 3 months, the country was faced with the colossal task of bringing to justice hundreds of thousands of perpetrators while at the same time trying to rebuild the communities in which both the victims and the perpetrators had lived. This article argues that the regime of gacaca courts, though flawed in many ways, particularly from a western perspective, does nonetheless offer the potential for helping the communities within Rwanda to transform themselves. The form and structure of gacaca …
Transformative Justice: Charting A Path To Reconciliation, Erin Daly
Transformative Justice: Charting A Path To Reconciliation, Erin Daly
Erin Daly
When nations transition from oppressive and lawless regimes to democratic ones they face myriad challenges. As an anxious public and an impatient world look on, they must create new governing bodies, write new laws and repeal old ones, redefine the balance of private and public power, and organize elections, just to name a few of the daunting tasks. But perhaps the greatest challenge facing these nascent liberal governments is one that receives insufficient attention: if the values of the new government are to take root, the new leaders must also transform the culture in which they operate. This article argues …