Browsing by Author "Bikesha, Denis"

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    Gacaca courts in Rwanda as a means of dispensing criminal justice and reconciliation
    (University of Dar es Salaam, 2017) Bikesha, Denis
    Due to the failure of the ordinary system of administration of criminal justice, in 2001 the Gacaca Court system was established as an alternative. This tradition-based court system tried almost two million genocide cases in a period of 10 years. The researcher discusses the effectiveness as well as adoption and adaptation of this court system by East African Community (EAC) Partner States where similar atrocities have occurred. The researcher argues that, to the best of his knowledge, this is the first work of its kind. There was no acknowledged or authenticated publication dealing with the question of Gacaca Courts’ legacy and whether they observed the universally accepted substantive, procedural and evidential principles of administration of criminal justice. This research covers these aspects, mainly based on a qualitative study approach. Primary and secondary sources have been used as well as the experience of the researcher. His having been an insider at the National Service of Gacaca Courts has also helped him obatain findings therefrom. The researcher argues that Gacaca Courts have been effective and can be useful elsewhere subject to argued conditions such as political will and stability of the country because the Gacaca Court system cannot be effective during an on-going conflict. Additionally, the system cannot be helpful in situations such as disappearances. Also, recommendations have been provided for the Government ol Rwanda (GoR), other countries that may opt to use Gacaca Court like system, as well as researchers, lecturers and students of Transitional Justice.