What a Difference a Day Makes: Young Perpetrators of Genocide in Rwanda

Abstract

The participation of children in the Rwandan conflict is well-documented: children were involved in the whole range of acts committed in the course of the genocide. After the genocide, thousands of people were detained following mass arrests across Rwanda, and minors were amongst those arrested. Genocide trials by the formal courts began in 1996 but the majority of genocide suspects were dealt with by the Gacaca courts. Whilst much has been written on these post-conflict judicial mechanisms in Rwanda, there has been very little analysis of the legal and programmatic approach to young genocidaires. Based on an analysis of primary and secondary sources (including domestic legislation and case law) and drawing on the results of empirical research conducted in Rwanda in 2013, this paper provides a comprehensive account of how young perpetrators were dealt with in Rwanda both in law and practice. It seeks to determine whether children were held accountable, whether they were given differential treatment on grounds of their age and if so, what the relevant age thresholds were. These questions are explored in the context of arrests and detentions, the criminal justice mechanisms (both formal courts and Gacaca jurisdictions) and the administrative measures taken to address genocidal acts.