THE DARKER SIDE OF TRANSITIONAL JUSTICE: THE POWER DYNAMICS BEHIND RWANDA'SGACACACOURTS

Abstract

In this article, I argue that the praise of legal and political analysts who perceive Rwanda'sgacacacourts as a model of locally grounded and culturally relevant transitional justice is unfounded without consideration of the broader power dynamics in which justice is delivered. Drawing on life history interviews with 37 Rwandan peasants resident in the south-west of the country, I argue that the claims of the Rwandan government that itsgacacacourts are promoting peace and reconciliation must also assess the impact of local justice mechanisms on those subject to its demands, namely ordinary people. In the case of Rwanda'sgacacacourts, local-level analysis illuminates a darker and largely unexamined aspect of transitional justice – the playing out of local power dynamics and the social and political inequalities masked by the pursuit of justice and reconciliation. My study cautions against a wholesale endorsement of thegacacacourts as an effective and legitimate form of transitional justice. Instead, it is a mechanism of state power than works to reinforce the political power of the ruling RPF and to ply international audiences with the idea that Rwanda is ‘a nation rehabilitated’ from ‘the scourge of genocide’.