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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.
Rwandan Family Law; Matrimonial Regimes, Family Donations and Successions
This book is the first publication in Rwanda that tries to comprehensively study the Rwandan law on matrimonial regimes, family donations and successions, since the incorporation of these issues in the Rwandan written law. It is divided into three key parts: part one covers matrimonial regimes; part two studies family donations; and part three is about successions. Each topic is examined through three lenses: the customary law that dominated this field until 1999; the first written law on these issues adopted in 1999; and the law into force today, namely Law No.27/2016 of July 8th, 2016 governing Matrimonial Regimes, Donations, and Successions.
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.
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...
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...
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.
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...
The Position of Witnesses before the International Criminal Court
The book examines the implications of cosmopolitan thought for the functioning of the ICC, and the implications of this for the position of witnesses before the ICC/other tribunals. The cosmopolitan theory becomes a way of critiquing their practice and jurisprudence.
Revolution in the International Rule of Law: Essays in Honor of Don Wallace, Jr.
As the title suggests, A Revolution in the International Rule of Law: Essays in Honor of Don Wallace, Jr. is a European style Festschrift or Liber Amicorum, and compiles short essays by eminent scholars and practitioners who have known Prof. Wallace during his long and distinguished career as a Professor of law at Georgetown University Law Center and, among others, as the Chairman of the International Law Institute, the U.S. Delegate to UNCITRAL, the Legal Adviser to the USAID, President of the ABA Section on International Law, presiding officer of the UNIDROIT Foundation, and Of Counsel to a number of prominent international law firms including Winston & Strawn LLP, Morgan Lewis LLP, Arnold...
The Elgar Companion to the International Criminal Tribunal for Rwanda
The Elgar Companion to the International Criminal Tribunal for Rwanda is a one-stop reference resource on this complex tribunal, established in the aftermath of the 1994 genocide in Rwanda, which closed its doors on 31 December 2015. This Companion provides an insightful account of the workings and legacy of the ICTR in the field of international criminal justice.
