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Introduction to Rwandan Law
This book explores key innovations in Rwandan law, exploring how the homegrown legal system with the civil law and common law legal systems. The author explores the history of Rwandan law through pre-colonial, to colonial and post-independence periods, examines the homegrown legal and justice approaches, such as Gacaca, Abunzi and Imihigo, introduced in post genocide Rwanda to deal with legal problems that could not be dealt with using the western legal system; and highlights the innovative Rwandan approach to incorporating international law in the domestic legal system. The book also covers the evolution of the Rwandan Constitutional Law and Constitutionalism since independence; the development of family law from a legal system that oppressed women to one that promotes girls and women rights. Finally, the book explores the contribution of common law in the transformation of the organization, jurisdiction and functioning of Rwandan Courts. This book will be of interest to scholars and students of African law, international law and the legal system in Rwanda.
The Violence of Law
'Lawfare' describes the systematic use and abuse of legal procedure for political ends. This provocative book examines this insufficiently understood form of warfare in post-genocide Rwanda, where it contributed to the making of dictatorship. Jens Meierhenrich provides a redescription of Rwanda's daring experiment in transitional justice known as inkiko gacaca. By dissecting the temporally and structurally embedded mechanisms and processes by which change agents in post-genocide Rwanda manoeuvred to create modified legal arrangements of things past, Meierhenrich reveals an unexpected jurisprudence of violence. Combining nomothetic and ideographic reasoning, he shows that the deformation of the gacaca courts – and thus the rise of lawfare in post-genocide Rwanda – was not preordained but the outcome of a violently structured contingency. The Violence of Law tells a disturbing tale and will appeal to scholars, advanced students, and practitioners of international and comparative law, African studies and human rights.
God and Creation
This collection of essays – the product of the 8th annual conference of the Africa Society of Evangelical Theology – wrestles with the topics of God and creation from distinctly African perspectives. Touching on topics from environmentalism, to ethnic conflict, to childlessness, the contributors present a powerful and timely reflection on the nature of God as creator and the implications of that identity on our relationship with the divine, with the earth, and with each other. Highlighting the rich wisdom of African voices, this book explores the particularities and complexities of an African cultural context, while presenting biblical truth that extends beyond geographical limits. Anyone interested in thinking theologically about our role in the universe God has made or what African culture, in dialogue with Scripture, has to teach us, will find this book to be an invaluable resource.
Keeping Hold of Justice
Keeping Hold of Justice focuses on a select range of encounters between law and colonialism from the early nineteenth century to the present. It emphasizes the nature of colonialism as a distinctively structural injustice, one which becomes entrenched in the social, political, legal, and discursive structures of societies and thereby continues to affect people’s lives in the present. It charts, in particular, the role of law in both enabling and sustaining colonial injustice and in recognizing and redressing it. In so doing, the book seeks to demonstrate the possibilities for structural justice that still exist despite the enduring legacies and harms of colonialism. It puts forward that these possibilities can be found through collaborative methodologies and practices, such as those informing this book, that actively bring together different disciplines, peoples, temporalities, laws and ways of knowing. They reveal law not only as a source of colonial harm but also as a potential means of keeping hold of justice.
The Position of Witnesses before the International Criminal Court
The book is an evaluation of the doctrine and practice of international criminal courts and tribunals on the position of witnesses against a theoretically informed ideal of a cosmopolitan world order. It seeks to ascertain that there is a cosmopolitan international community, with shared values, that are instantiated in the international criminal tribunals, and that is what justifies the exercise of jurisdiction over witnesses who provide false testimony or engage in other forms of contempt of court. The book evaluates the practice of the International Criminal Court (ICC), the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda and the Special Court for Sierra Leone.
Reconstructing the Authoritarian State in Africa
This work seeks to examine the nature and dynamics of authoritarianism in Africa and to suggest ways in which the states covered in the book can be democratically reconstituted. In 1990, a wave of euphoria greeted the "third wave of democratization" that swept across the African Continent. The repression-wearied subalterns were hopeful that the "third wave" would have set into motion the process of democratically reconstituting the authoritarian state on the continent. More than two decades thereafter, although some progress has been made, by and large, the authoritarian state remains the dominant construct in the region. Even in some of the countries in which democratic transitions have tak...
The Slave Trade and the Origins of International Human Rights Law
There is a broad consensus among scholars that the idea of human rights was a product of the Enlightenment but that a self-conscious and broad-based human rights movement focused on international law only began after World War II. In this book, the nineteenth century's absence is conspicuous - few have considered that era seriously, much less written books on it. But as this author shows, the foundation of the movement that we know today was a product of one of the nineteenth century's central moral causes: the movement to ban the international slave trade.
Gender and the Judiciary in Africa
Between 2000 and 2015, women ascended to the top of judiciaries across Africa, most notably as chief justices of supreme courts in common law countries like Ghana, Nigeria, Sierra Leone, Gambia, Malawi, Lesotho and Zambia, but also as presidents of constitutional courts in civil law countries such as Benin, Burundi, Gabon, Niger and Senegal. Most of these appointments was a "first" in terms of the gender of the chief justice. At the same time, women are being appointed in record numbers as magistrates, judges and justices across the continent. While women’s increasing numbers and roles in African executives and legislatures have been addressed in a burgeoning scholarly literature, very lit...
Rwanda
A sobering study of the troubled African nation, both pre- and post-genocide, and its uncertain future The brutal civil war between Hutu and Tutsi factions in Rwanda ended in 1994 when the Rwandan Patriotic Front came to power and embarked on an ambitious social, political, and economic project to remake the devastated central-east African nation. Susan Thomson, who witnessed the hostilities firsthand, has written a provocative modern history of the country, its rulers, and its people, covering the years prior to, during, and following the genocidal conflict. Thomson’s hard-hitting analysis explores the key political events that led to the ascendance of the Rwandan Patriotic Front and its leader, President Paul Kagame. This important and controversial study examines the country’s transition from war to reconciliation from the perspective of ordinary Rwandan citizens, Tutsi and Hutu alike, and raises serious questions about the stability of the current peace, the methods and motivations of the ruling regime and its troubling ties to the past, and the likelihood of a genocide-free future.
After Dictatorship
Numerous studies concerning transitional justice exist. However, comparatively speaking, the effects actually achieved by measures for coming to terms with dictatorships have seldom been investigated. There is an even greater lack of transnational analyses. This volume contributes to closing this gap in research. To this end, it analyses processes of coming to terms with the past in seven countries with different experiences of violence and dictatorship. Experts have drawn up detailed studies on transitional justice in Albania, Argentina, Ethiopia, Chile, Rwanda, South Africa and Uruguay. Their analyses constitute the empirical material for a comparative study of the impact of measures intro...
