Genocidal Gender and Sexual Violence tackles an important and highly topical issue. The author examines how the experiences of victims of genocidal gender and sexual violence have been addressed on a theoretical and practical level. This study investigates the contribution of feminist legal theories in naming and addressing gender and sexual violence. It questions the legacy of the ICTR and Rwanda’s domestic judicial initiatives from the perspective of the complex realities of victims’ experiences.
The research central focus is the question whether the genocidal character of gender and sexual violence in the case of Rwanda has been theorised and judged as such. The author’s training for Inyangamugayo – gacaca judges – contributes to a wider understanding of the complexity of victims’ experiences. This complex reality is further elaborated on and explored practically through an analysis of the legacy of post-genocide judicial mechanisms for Rwanda in naming and condemning genocidal gender and sexual violence.
About this book
‘[ …] her provocative hypothesis is spot on and the book is engaging. […] What makes this a remarkable contribution to an extensive literature is the author’s holistic approach and her view from within, drawing on her experience as Rwandan attorney and trainer for the Inyangamugayo (‘those who detest dishonesty’), the lay judges of Rwanda’s famous gacaca courts. With this training behind her, Kaitesi’s own role shapes her awareness of the misrepresentation of victims’ experiences in the legal realm and in society’s recognition of this. Her first-hand experiences, proverbial wisdom, and insights into post-genocide legal and parliamentary discussions make this study remarkable and inspiring in the sometimes very controversial academic debates surrounding Rwanda. […] The most eye-opening aspect of her study is the interpretation of parliamentary discourse on what exactly genocidal gender and sexual violence entails, demonstrating that legal issues shape and are equally shaped by social, political and historical dynamics.’
Silke Oldenburg in African Affairs 2014, 620.
1. INTRODUCTION (p. 1)
2. FRAMEWORK AND OVERVIEW (p. 21)
3. THE RWANDAN EXPERIENCE: A COMPLEX REALITY (p. 71)
4. FEMINIST THEORY (p. 95)
5. THE LEGACY OF THE ICTR (p. 123)
6. THE LEGACY OF THE ORDINARY COURTS IN RWANDA (p. 185)
7. THE LEGACY OF THE GACACA COURTS (p. 205)
8. SUMMARY AND RECOMMENDATIONS (p. 237)
Samenvatting (Summary in Dutch) (p. 245)
The time that criminal law was pre-eminently a national matter is gone. Criminal law and criminal procedure is no longer solely a product of decisions made by national legislative bodies, applied by national police, prosecutors and judges. A new criminal law is developing which goes beyond separate nations: supranational criminal law.
One example of this development is the relatively young body of law concerning war crimes, crimes against humanity and genocide. Particularly essential to this development has been the establishment of the ICTY, the ICTR and the ICC, and of many internationalised tribunals all over the world. A second example of the development towards the supranationalisation of criminal law can be seen on a more regional level. In Europe for instance, the area of criminal law has become a prioritised field of co-operation in the third pillar of the European Union. These supranational criminal systems are criminal systems sui generis.
That at least is the presupposition of this series on supranational criminal law. The Supranational Criminal Law: Capita Selecta series contributes to this discussion from a theoretical, dogmatic point of view, working towards new, consistent and fair penal systems, crossing the borders of the old law families and traditions.
The series is edited by Dr. Roelof H. Haveman (editor-in-chief - Rule of Law Advisor, embassy of the Netherlands in Mali), Dr. Paul J.A. De Hert (Free University of Brussels, Belgium and University of Tilburg, the Netherlands) and Dr. Alette Smeulers (University of Groningen, the Netherlands).
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