Wednesday, April 20, 2011

What is better Justice?

For an end of the semester project everyone in my class is doing an end of the semester project. I am going to talk about the interesting presentation on the gacaca courts in Rwanda. This student put together a panel of experts on the Rwandan Gacaca Court system as well as the International Criminal Tribunal for Rwanda. This panel would promote a discussion to see which has been more effective in promoting justice and peace.

A comment which struck me by one of the speakers was “you cannot catch all the killers of Rwanda because if you did you would be locking up an entire nation.” This particular speaker was a survivor of the Rwandan genocide as well as being a participant in the Gacaca Court system. So then what do you do? Forgive all and move on. She felt that the Gacaca Courts allow you to confront your perpetrator and allow you to heal and move on. How do you do that just forgive and move on, do you need justice to forgive?

Another thing which was mentioned which I thought was very important by the survivor of the Rwandan genocide was that she felt she was given an identity she did not even know she had. She was labeled a Tutsi without even really knowing that she was a Tutsi. I could not imagine that being labeled something to such an extent that you could be killed for that label.

The discussion became a little heated when it came to the effectiveness of the International Criminal Tribunal for Rwanda with the controversy of it not being located in Rwanda as well in the insensitivity of the courts towards cultural norms, specifically in reference to rape. Some panelist believe the courts did not understand that rape was not a think to be talked about in the Rwandan culture so when a lawyer may be very blunt about the experience which a victim may have suffered it could cause less cooperation with the courts in regard to individuals coming forwards. Also the ICTR faces the issue of having individuals testify in cases which may go on for years and with this long draw out process may cause them even further emotional damage since they are unable to move on from the pain which they have experience until the trials are over. So, then which is the better form of justice for the crimes committed?

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