Sentencing Circles in Canada and the Gacaca in Rwanda: A Comparative Analysis

Jones, Nicholas A.; Nestor, Rob

doi:10.1177/1057567711399433

Cited by 6 publications

(3 citation statements)

References 19 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…For example, with respect to the customary status of the modern gacaca courts (Haveman, 2011), donor support (Schotsmans, 2011) or the issue of sexual violence (Olwine, 2011). Many recent studies adopt a comparative perspective on the gacaca courts by situating them in the broader framework of all judicial responses to the Rwandan genocide (Apuuli, 2009; De Ycaza, 2010; Jones, 2010; Webster, 2011; Westberg, 2010) or with other so-called customary approaches in other countries and cultures (Baker, 2007; Jones and Nestor, 2011). As a consequence, a representation of the gacaca courts will be used to explore topics of wider global interest and relevance (Drumbl, 2007; Fenrich et al, 2011; Huyse and Salter, 2008; Quinn, 2009; Shaw and Waldorf, 2010).…”

Section: Discussionmentioning

confidence: 99%

From model to practice: Researching and representing Rwanda’s ‘modernized’ gacaca courts

Ingelaere

2012

Critique of Anthropology

View full text Add to dashboard Cite

The publications on the modernized gacaca courts dealing with the legacy of the Rwandan genocide are abundant and they often seem to be rife with diverging analysis and conclusions. This article argues that the seeming lack of consensus does not signal the impossibility of adequately representing the gacaca courts. This article does not dwell on the crisis of representation. Instead, an effort is made to provide clarity in a disorder of representations in the context of a political anthropology that works across localized, national and international networks and dynamics. The process of establishing a representation of the gacaca courts is scrutinized. Numerical legibility, magic syllogisms and performative speech lie at the heart of the process that generates an ideological representation of the modern gacaca courts upheld by the Rwandan regime and its agents. In addition, a first generation of academic studies on gacaca is characterized by magical legalism: they depict a theoretical model that is primarily based on law or law talk. A second generation of gacaca studies mainly adopt a bottom-up perspective that is often ethnographically informed. A focus on actual gacaca practice not only constitutes an alternative research approach but also unmasks and destabilizes the process of 'making models'. But dangers exist regarding these alternative types of representational strategies as well, especially due to uncritical blurring of reigning models and actual practice. The analysis suggests new avenues of investigation and reflection in the fields of the anthropology of transitional justice, international relations and peacebuilding.

show abstract

Section: Discussionmentioning

confidence: 99%

From model to practice: Researching and representing Rwanda’s ‘modernized’ gacaca courts

Ingelaere

2012

Critique of Anthropology

View full text Add to dashboard Cite

show abstract

“…One way to accomplish these legal goals is by using a restorative justice strategy since it fosters a sense of justice. Restorative justice is an alternative to the conventional justice system, which is inadequate (Jones and Nestor, 2011), is seen as failing to resolve conflicts in society (Sherman and Strang, 2007), and ignores the needs of victims (van Wormer and Walker, 2013). Empowerment, honesty, respect, involvement, voluntarism, healing, restoration, personal accountability, inclusivity, collaboration, and problem-solving are all characteristics of restorative justice.…”

Section: Restorative Justice In Salatiga Citymentioning

confidence: 99%

Restorative justice-based criminal case resolution in Salatiga, Indonesia: Islamic law perspective and legal objectives

Ariefulloh

Nugroho

Angkasa

et al. 2023

Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan

View full text Add to dashboard Cite

Restorative justice is a pattern of dispute resolution which emphasizes the responsibility of the perpetrator for the consequences of his actions while at the same time paying attention to the position of the victim. This is not simply about punishing the offender; it is about obtaining justice through discussion outside of the criminal justice system to ensure the situation can be returned to its prior state. Islamic law offers a concept of restorative justice called islah, which is a technique to resolve conflicts between parties by forgiving one another. Salatiga City, the most tolerant city in Indonesia, is where this study is being conducted. The idea of restorative justice is used to resolve disputes through the role of a lurah (head of neighborhood), who is responsible for upholding communal order. It is intriguing to investigate whether the reality of restorative justice in Salatiga City can achieve the three main objectives of the law as outlined by Gustav Radburch: justice, benefit, and legal certainty. This study employs a qualitative methodology and a socio-legal research design. Interviews with the offenders, victims, and the lurah who served as the government's mediator resulted in the gathering of data. The findings of this study demonstrate that Salatiga City's restorative justice method to conflict settlement has achieved the goals of justice and legal advantage and can even foster good will among the parties. The absence of lurah's legal standing in the resolution of this issue, however, does not satisfy the requirement of legal clarity. For Salatiga City residents, a legal foundation is required for restorative justice-based legal dispute settlement

show abstract

“…[13] One way to achieve these legal goals is to use restorative justice strategies to resolve disputes. Restorative justice is an alternative to the traditional, flawed justice system, [14] which is seen as incapable of redressing conflicts in society [15] and ignores the needs of the victims. [16] Restorative justice values empowerment, honesty, respect, participation, volunteering, healing, restoration, personal responsibility, inclusivity, collaboration, and problem solving.…”

Section: Implement Restorative Justice Prosecution At the Salatiga Co...mentioning

confidence: 99%

The Reconstruction of Principles Legality of Terminating Prosecution by Restorative Justice in the Salatiga Prosecutor’s Office

Ariefulloh

2023

Advances in Social Science, Education and Humanities Research

View full text Add to dashboard Cite

The first emersion of the Regulation of Prosecutor General Number 15 of 2020 about the termination of prosecution based on Restorative Justice is expected to be able to resolve the crime in a peaceful way between the performer and the victim. During the run out of PERJA (the head of attorney general office regulation) in Salatiga State Prosecutor's Court there were two cases that were stopped its prosecution based on Restorative Justice using the Statute for the Termination of Prosecution (SKPP). The termination of the prosecution (SKPP) still allows for prejudicial legal efforts, thus creating legal uncertainty. This condition is different from the diversity in the criminal justice system of children that is not possible pre-jurisdiction. While the termination of the prosecution is based on restorative and diversified justice, both is the same and the same is the execution of restorative justice. This study examines what should be the basic of termination of the prosecution based on restorative justice. This research is a jurisprudence research which using normative with methods of collection of data of library studies by using qualitative descriptive analysis. The conclusion of this research is creating legal certainty which should be the termination of the prosecution based on restorative justice refers to the basis of opportunity, not for the sake of the interests of the law as in Article 140 (2) of the legal constitution. For future, there is necessary to extend meaning of the basis of opportunity as the basis for the termination of prosecution based on the Restorative Justice in order to legal certainty.

show abstract

Sentencing Circles in Canada and the Gacaca in Rwanda: A Comparative Analysis

Cited by 6 publications

References 19 publications

From model to practice: Researching and representing Rwanda’s ‘modernized’ gacaca courts

From model to practice: Researching and representing Rwanda’s ‘modernized’ gacaca courts

Restorative justice-based criminal case resolution in Salatiga, Indonesia: Islamic law perspective and legal objectives

The Reconstruction of Principles Legality of Terminating Prosecution by Restorative Justice in the Salatiga Prosecutor’s Office

Contact Info

Product

Resources

About