Atnaujinkite slapukų nuostatas

Courts in Conflict: Interpreting the Layers of Justice in Post-Genocide Rwanda [Kietas viršelis]

(Lecturer in Criminal Law, Dickson Poon School of Law, King's College London)
  • Formatas: Hardback, 240 pages, aukštis x plotis x storis: 160x239x28 mm, weight: 458 g
  • Išleidimo metai: 07-May-2015
  • Leidėjas: Oxford University Press Inc
  • ISBN-10: 0199398194
  • ISBN-13: 9780199398195
Kitos knygos pagal šią temą:
  • Formatas: Hardback, 240 pages, aukštis x plotis x storis: 160x239x28 mm, weight: 458 g
  • Išleidimo metai: 07-May-2015
  • Leidėjas: Oxford University Press Inc
  • ISBN-10: 0199398194
  • ISBN-13: 9780199398195
Kitos knygos pagal šią temą:
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 thegacaca 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.

Recenzijos

In providing such a 'thick description' of the courts, their interactions and legitimation strategies, Palmer's book breaks new grounds and is truly interdisciplinary, drawing on international criminal law, legal anthropology, history, politics and institutional sociology. * Leila Ullrich, Journal of International Criminal Justice * Palmer devotes a chapter to each court system. Her effective use of thick description reflects exemplary research, based on scores of interviews; meticulous examination of court records, statutes, and cases; and reference to an impressive array of relevant scholarship. Courts in Conflict thus ranks as a valuable addition to several areas: transitional justice; theory and practice of multilevel judicial systems; post-1994 Rwanda; and the questionable assumption that local, national, and international jurisdictions complement each other. Palmer's case study calls out for similar work as global justice efforts increase. * C. E. Welch, University at Buffalo, SUNY, Choice: Comparative Politics * Nicola Palmer's Courts in Conflict bursts with intellect, verve, and insight. Palmer dignifies, illuminates, and educates. She demonstrates how different courts adjudicating genocide deliberately see themselves as fulfilling different and distinct ambitions. Palmer wisely approaches tensions among institutions not as technical or bureaucratic, but rather as cultural and ideational. This book serves the broader didactic purpose of instructing on how post-conflict justice, wherever and whenever, can become meaningful. * Mark A. Drumbl, Class of 1975 Alumni Professor of Law, Washington and Lee University & Director, Transnational Law Institute * This book on the versions of transitional justice developed in the Rwandan genocide context well illustrates manifest tensions concerning political power, legitimacy, and the intersection between law and lawyers at the international, national, and local level. Dr. Palmer navigates this complex terrain with great clarity and rigor. The book is an excellent addition to the growing literature on the Rwandan case-study but also has much to offer to larger debates within transitional justice in general. An important book. * Kieran McEvoy, Professor of Law and Transitional Justice, Queens University Belfast * Courts in Conflict: Interpreting the Layers of Justice in Post-Genocide Rwanda is an incisive and important work. Based on original empirical research, Palmer offers new insights into the justice processes that followed the 1994 Rwandan genocide and a groundbreaking analysis of the interaction of national and international criminal tribunals more broadly. Courts in Conflict is a significant contribution to the field; it warrants close reading by scholars, practitioners, and policy makers alike. * Madeline Morris, Professor of Law, Duke Law School * For the authoritative comparative study into all aspects of the transnational judicial reckoning with Rwanda's genocide and a fresh interpretation of the role courts can play in reestablishing institutional legitimacy after political transition - read this book. * Ruti Teitel, Ernst C. Stiefel Prof of Comparative Law, New York Law School & Author, Globalizing Transitional Justice * Palmer's study presents a valuable diagnosis for multiple transitional justice initiatives that fail to aggregate their aims and reveals how some of the boundaries of transitional justice are sketched from the inside the courts themselves. This makes the book a must read both for practitioners engaged in international or transnational justice and cooperation, as well as for students who are interested in making more sense of transitional justice initiatives in post-conflict situations. Equally, it provides crucial guidance for further empirical studies. * Gabriela-Mihaela Ivan-Cucu, Univ. of Nottingham, Journal of Conflict & Security Law *

Acknowledgments ix
Map of Rwanda xi
Abbreviations xiii
Introduction 1(24)
1 Toward an Interpretive Approach to Transitional Justice
4(8)
2 Interpretation, Empirical Research, and the Role of Theory
12(6)
3 Limitations on the Research
18(5)
3.1 Obtaining Access and Differing Opinions
19(3)
3.2 Ethical Research
22(1)
4 Conclusion
23(2)
Chapter 1 The Rwandan Social Context 25(28)
1 Introduction
25(3)
2 Ethnicity and the Consolidation of the Rwandan State
28(7)
2.1 Histories and the State
28(5)
2.2 Political Ethnicity
33(2)
3 The Rwandan Genocide
35(9)
3.1 The Civil War
36(1)
3.2 Power Becomes Contestable
37(2)
3.3 Consolidating Power: "Unity" along Ethnic Lines
39(2)
3.4 The Assassination of President Habyarimana
41(3)
4 The Role of Law following the Genocide
44(6)
5 Conclusion
50(3)
Chapter 2 Inside the United Nations International Criminal Tribunal for Rwanda 53(36)
1 Introduction
53(4)
2 The Mandate of the ICTR
57(3)
3 Inside the Institution
60(9)
3.1 A Contribution to International Case Law
60(2)
3.2 Removal of Key Political Players
62(2)
3.3 Creation of a Historical Record
64(3)
3.4 Reconciliation
67(2)
4 Practical Constraints
69(4)
4.1 Investigation
70(2)
4.2 State Cooperation
72(1)
5 Concurrent Transitional Justice
73(14)
5.1 Informal Interactions: A Common Group of Participants
74(2)
5.2 Understandings of the National Courts
76(7)
5.2.1 Interpreting the Rule 11 bis Decisions
78(5)
5.3 Understandings of the Gacaca Courts
83(8)
5.3.1 Interpreting Evidence from Gacaca
85(2)
6 Conclusion
87(2)
Chapter 3 Inside the Rwandan National Courts 89(26)
1 Introduction
89(2)
2 Inside the Institution
91(5)
2.1 Legal Training
92(2)
2.2 Reform in Pretrial Detention
94(2)
3 The Constraints on the National Courts in Post-Genocide Rwanda
96(6)
3.1 International Criminal Law and the Security of the Rwandan State
96(3)
3.2 International Human Rights Law in Rwanda
99(3)
4 Concurrent Transitional Justice
102(11)
4.1 Informal Interactions: A Common Group of Participants
103(3)
4.2 Understandings of the ICTR
106(4)
4.2.1 Interpreting the Rule 11 bis Decisions
108(2)
4.3 Understandings of the Gacaca Courts
110(16)
4.3.1 A Pressure toward Formalism
111(2)
5 Conclusion
113(2)
Chapter 4 Inside the Gacaca Courts 115(42)
1 Introduction
115(3)
2 The Establishment and Mandate of the Gacaca Courts
118(8)
3 Inside the Institution
126(14)
3.1 A Determination of Truth
126(8)
3.1.1 Obtaining the Truth through Dialogue
129(1)
3.1.2 Obtaining the Truth through Public Participation and Confession
130(4)
3.2 Accountability
134(2)
3.3 Expeditious Justice
136(1)
3.4 Reconciliation
137(3)
4 Practical Constraints
140(8)
4.1 Participation
140(2)
4.2 Silence and False Testimony
142(3)
4.3 Corruption and Witness Security
145(1)
4.4 The Role of the Inyangamugayo
146(2)
5 Concurrent Transitional Justice
148(7)
5.1 Informal Interactions: A Common Group of Participants
149(1)
5.2 Understandings of the Rwandan National Courts
150(1)
5.3 Understandings of the ICTR
151(18)
5.3.1 Interpreting the Role of Gacaca in the Brown et al Decision
153(2)
6 Conclusion
155(2)
Chapter 5 Legitimating Transitional Justice in Rwanda 157(22)
1 Introduction
157(2)
2 Legitimacy and Transitional Justice
159(1)
3 Legitimating the ICTR
160(3)
4 Legitimating the National Courts
163(2)
5 Legitimating the Gacaca Courts
165(4)
6 Concurrent Transitional Justice inside Rwanda
169(8)
6.1 A Reality of Continued Division
171(1)
6.2 A Contribution to "Truth"
171(4)
6.3 Conflicting Legitimacy
175(2)
7 Conclusion
177(2)
Chapter 6 Conclusion 179(10)
1 Developing Theory and the Study of Transitional Justice
181(2)
2 Policy Implications for Concurrence and Complementarity
183(6)
Appendix: Interview Schedule 189(10)
Glossary 199(2)
Bibliography 201(10)
Table Of Cases 211(2)
Table Of Statutes 213(2)
Index 215
Nicola Palmer is a lecturer in criminal law at the Dickson Poon School of Law, King's College London, and a research associate at the Centre for Criminology, University of Oxford. In addition, she serves as an advisory board member of Oxford Transitional Justice Research. Dr. Palmer received her D.Phil in law from the University of Oxford in 2011, where she studied as a Rhodes scholar. Prior to starting her doctoral studies, she worked as a legal assistant at the United Nations International Criminal Tribunal for Rwanda (ICTR), having completed her undergraduate and honours degrees in law and economics at Rhodes University, South Africa. Her broad research interests are in international criminal law, transitional justice, central African studies, and legal anthropology.