ABSTRACT
The context of the Rwandan genocide itself, as well as the policies and practices that have evolved to address the crimes committed, presents a unique case in comparison to other occurrences of genocide. According to Drumbl, the uniqueness of each genocide ‘manifests itself in the differences of experiences of genocide survivors, the level of social mobilization of aggressors, the public or secretive nature of the aggression, and the historical context from which the violence emerged’ (Drumbl 2000: 1224). The challenges facing a country in the aftermath of an event of this enormity are extremely varied and complex. Kagame has called the genocide ‘the defining event in Rwandan history’ (in Gourevitch 1996: 167). The importance of how Rwanda addresses such a significant aspect in its history cannot be overstated. Sarkin states that ‘in all probability, how a society deals with its past has a major determining influence on whether that society will achieve long term peace and stability’ (Sarkin 2000: 112). The impact of the events leading up to and during the genocide affects the decisions made with respect to how survivors cope with it. Given the potential ramifications of the legal and political processes uti-
lized in addressing the genocide, it is paramount to understand the complex and intertwined actions of the various institutions engaged in a combined, albeit sometimes conflicting, response to an event of such magnitude. An attempt to provide such an understanding of the current judicial response in Rwanda, therefore, must involve locating the response within the unique context in which it developed. The critical aspects of Rwanda’s historical ethno-political relations, the genocide, and the demands of social reconstruction in the aftermath of such horrors are key elements of the contextual framework for this book. Restorative and retributive justice, liberal-legalism, cosmopolitan law, and the rule of law comprise elements of the theoretical foundation used to examine the judicial responses.
