Rwandan Gacaca Courts in Crisis: Is There a Case for Judicial Review?

Kusi Hornberger

Abstract: 

The Rwandan Gacaca Courts are far from the success story that many believe them to be. There is legitimate concern about the form and function of the Gacaca Court system in the future. Through discussion of restorative versus redistributive justice, this article concludes in the post-genocide context the Gacaca Courts were the best opportunity for Rwanda to attain some semblance of closure. The community-based courts functioned as a pressure relief valve for a society facing an impossible task by facilitating restorative justice goals. However, in the future it remains unclear whether the courts should be reformed to include a formal judicial review of process. The article will outline some of the arguments for and against implementing a more formal judicial review of process. Concluding that while it is undeniable a better system of judicial review including review of the processes may not be possible, it would certainly be desirable.

About the Author: 


Kusi Hornberger is currently completing a master’s in public administration in international development at Harvard University’s John F. Kennedy School of Government. Prior to Harvard, Mr. Hornberger spent three years working in East Africa as a mathematics teacher and business consultant working with SMEs. Mr. Hornberger has traveled widely in Africa as well as in Latin America. He also holds a B.A. in economics and international relations from the University of Pennsylvania.