Recently, I wrote a post about the injustice of international justice – that war criminals are given decent living conditions and fair trials, while more petty criminals are denied the same. I ran across a very related argument in an excellent article: After Arusha: Gacaca Justice in Post-Genocide Rwanda by Alana Tiemessen. Here it is:
Local prisoner support for the ICTR is very low. The U.S.-based Internews Network has shown what are known as the “Arusha Tapes” in Rwandan prisons to give genocide suspects a view of what has been happening in the ICTR trials and to encourage debate on Rwanda’s own judicial process. Ironically, while the tapes are meant to generate support for the tribunal, they have had opposite effect on local prisoners. The reactions to the tapes have revealed concerns among the prisoners over the absence of the death penalty at the tribunal and the luxurious living conditions of the tribunal prisoners as compared to those of the Rwandan prisons. The issue of the death penalty is significant because it is used by the national courts in Rwanda but not at the international tribunal. One prisoner replied, “why is it that the tribunal gives them more lenient sentences than us, they are the ones who told us to kill on radio . . . how come we are paying the higher price?”
The objections and shock registered by the prisoners to the Arusha Tapes were reflected in their support of the Gacaca process as an appropriate and fair judicial process. Awareness and acceptance of the community courts is evidenced by the high and increasing number of confessions among the prisoners, numbering in the tens of thousands, and a willingness to provide testimony and evidence against other genocide suspects. (p. 62)
The above quote really highlights how those who are most responsible are often given luxurious situations in comparison to the rest of the perpetrators. However, the truth is that national justice sectors - especially in Rwanda - are simply not well equipped to try thousands of genocidiares in a relatively short time period. That is why more funding and assistance is necessary to immediately begin building up national justice sectors as well. If all the funding and attention goes to international tribunals, then national justice systems do not develop simultaneously as most people seem to hope - but simply continue to be underdeveloped and lack the resources needed to try massive numbers of perpetrators.
That’s why, in Rwanda, Gacaca seems to offer a promising alternative which requires much less funding since it is based at the community-level. However, Gacaca suffers from it’s own problems - most dangerously that it is fueled by the same ethnic tensions that resulted in the genocide, lacks due process and does not always provide ‘fair’ trials to the accused, and can result in another form of “victor’s justice.” This isn’t necessarily the most promising route to take in the long run, and the international community shouldn’t forget about national justice sectors while looking at alternative mechanisms like Gacaca.
Still, the idea of communities trying those responsible for the genocide and then reintegrating the perpetrators into their societies is indeed powerful - and can seem a more fair alternative to allowing perpetrators to languish indefinitely in national prisons. It is certainly a step forward, but is by no means a panacea.
Also, happy new year to all!
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