Procedural due process and the prosecution of genocide suspects in Rwanda

Abstract

Three transitional justice processes, namely the International Criminal Tribunal for Rwanda (ICTR), the National Genocide Trials (NGTs) and Gacaca courts, have been instituted to deal with the issues of justice and reconciliation in post-genocide Rwanda. All three processes are examples of the liberal-prosecution model, i.e. they seek to punish the perpetrators of the genocide. In their operation, the three processes have exhibited due process deficiencies which have impacted on the perception of “justice.” As a result, both the perpetrators and victim-survivors of the genocide feel that they are victims and not recipients of justice. This paper argues that the resulting deficiencies are due to the three processes being rooted in different prosecutorial traditions and philosophies. Whereas the ICTR is rooted in adversarial tradition, the National Genocide Trials are rooted in the inquisitorial tradition, and the Gacaca process is an example of popular justice. In view of the procedural deficiencies in the three processes therefore, the paper advocates for a restorative type of justice in post-genocide Rwanda.