| Abstract: | Faced with an overflowing caseload and imperatives of nationalreconciliation, Rwandan authorities have established a systemof justice, meted out through gacaca courts under the legalframework created by organic laws. The following contributionanalyses this framework, within the context of national andinternational legal systems, and pinpoints the shortcomingsof the proposed form of justice. These include legal issuessuch as the problem of retroactivity, as well as the definitionof crimes and concerns over due process and the right to a fairtrial for defendants. Practical and material obstacles arisein implementing the organic laws, alongside broader implicationsowing to the traditional nature of such courts and possibleinterference by political authorities. In this respect, thegacaca courts may be victims of their own ambitions, by seekingto respond to judicial, societal and philosophical concernsalike. |
