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Restoring Justice in Practice
What is the purpose of restorative justice
Challenges of restorative justice
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Recommended: Restoring Justice in Practice
Restorative justice is concerned with healing victims' wounds, restoring offenders to law-abiding lives, and repairing harm done to interpersonal relationships and the community. It seeks to involve all stakeholders and provide opportunities for those most affected by the crime to be directly involved in the process of responding to the harm caused”. The Rwanda government has suffered a tremendous violent act in the loss of their two major ethnic groups that consisted of the Hutu and Tutsi. The large scale of mass murder caused millions of orphans and un-circumscribable agony to a country that has yet to be restored and healed. After such tragic events of rape, torture and decapitation to innocent people, the widespread of horror still is engraved in the survivors’ memory. For any individual to take any other person life is one scenario and to rape and kill a person while there family watch is another. Imagine the site and anguish given by the victim who is fighting or striving to maintain their life with all their being, while the oppressor ignores his/her cries to resolve the situation. That person is not in their right state of mind and probably does not know the purpose or the aftermath of their action. In 1994 the world witnessed one of the most systematic and vast massacre of our time in Rwanda. By the end of the massacre one million people were dead and hundreds were left with physical and psychological scars. The genocide was fueled by years of hatred between the Hutus and the Tutsis. After the genocide the Rwandan government was left with the task of designing a justice system suitable to prosecute perpetrators of the genocide and the reestablishment of peace within the country. Due to the lack of a competent judicial sys...
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National Unity and Reconciliation Commission (2010). Rwanda Reconciliation Barometer. Retrieved 2ndJanuary 2012, from http://www.nurc.gov.rw/fileadmin/templates/Documents//RWANDA_RECONCILIATION_BAROMETER.pdf
National Unity and Reconciliation Commission (2012). Reconciliation tools. Retrieved 5th February 2012, fromhttp://www.nurc.gov.rw/reconciliation-tools/itorero.html
Kubai, A. (2007). Between justice and reconciliation: The survivors of Rwanda. African
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Richters, A., Dekker, C. de Jonge , k, and Ullrich, J. (2008). The Role of Acceptance and empowerment in promoting Reconciliation from the perspective of the needs- based mode. Social issues and policy reviews, 2(1), 159,186
Saccaggi, B. Grass roots Justice: Rwandas gacaca courts and local concepts of reconciliation. www.consultancyafrica.com .
Forgiveness and justice are very similar than we believe them to be. We believe that justice is
According to Graham, reconciliation is both “… a goal in the sense that it aims to restore relationships or to promote agonism or mutual tolerance, respect, and dignity […] [And] it is a process because it requires multiple modes, steps, stages, and transformations across all levels of society and amongst all stakeholders in a conflict” (Graham 2015). Through reconciliation and the related processes of restorative justice, parties to the dispute explore and overcome the pain brought on by the conflict and find ways to build trust and live cooperatively with each other. Restorative justice seeks to have a positive impact on offenders by confronting them with the consequences of their actions and delineating their responsibilities, giving them both the opportunity to repair the damage caused to the victim and to work on finding a solution to their problems (Umbreit, Bradshaw and Coates, 1999). According to Philpott, there are six components of political reconciliation: building socially just institutions and relations between states, acknowledgement, reparations, punishment, apology, and forgiveness (Philpott
"Rwanda Genocide 20 Years On: 'We Live with Those Who Killed Our Families. We Are Told They're Sorry, but Are They?'" The Guardian. N.p., n.d. Web. 28 Nov. 2013.
“The sweetly sickening odor of decomposing bodies hung over many parts of Rwanda in July 1994: . . . at Nyarubuye in eastern Rwanda, where the cadaver of a little girl, otherwise intact, had been flattened by passing vehicles to the thinness of cardboard in front of the church steps,” (Deforges 6). The normalcy of horrible images like this one had cast a depressing gloom over Rwanda during the genocide, a time when an extreme divide caused mass killings of Tutsi by the Hutu. Many tactics such as physical assault or hate propaganda are well known and often used during times of war. Sexual assault and rape, however, during times of war is an unspoken secret – it is well known that rape occurs within combat zones and occupied territories, but people tend to ignore, or even worse, not speak of the act. There have been recorded cases of rape and sexual assault in almost every war in human history. Genocidal rape was used as a gendered war tactic in the Rwandan genocide in order to accomplish the Hutu goal of elimination of the Tutsi people in whole, or part.
Zehr (1990) who is thought to be one of the pioneers leading the argument for restorative justice highlighted three questions presented when taking a restorative approach; what is the nature of the harm resulting from the crime? What needs to be done to make things right or repair the harm? Who is responsible for this repair? He ascertained that ‘crime is fundamentally a violation of people and interpersonal relationships’. He also noted that violations create obligations and liabilities and that restorative justice seeks to heal and put right the wrongs. Restorative jus...
...an, Payam. "Are International Criminal Tribunals a Disincentive to Peace?: Reconciling Judicial Romanticism with Political Realism." Human Rights Quarterly 31 (2009): 624-54.
Greenfield, Daniel M. "Crime of Complicity in Genocide: How the International Criminal Tribunals for Rwanda and Yugoslavia Got It Wrong, and Why It Matters." The Journal of Criminal Law and Criminology 98.3 (2008): 921-24. HeinOnline. Web. 18 Apr. 2011.
Africa has been an interesting location of conflicts. From the conflict between Ethiopia and Eritrea to the revolutionary conflict in Libya and Egypt, one of the greatest conflicts is the Rwandan Genocide. The Rwandan Genocide included two tribes in Rwanda: Tutsis and Hutus. Upon revenge, the Hutus massacred many Tutsis and other Hutus that supported the Tutsis. This gruesome war lasted for a 100 days. Up to this date, there have been many devastating effects on Rwanda and the global community. In addition, many people have not had many acknowledgements for the genocide but from this genocide many lessons have been learned around the world.
Stewart, M. (2011). The space between the steps: reckoning in an area of reconciliation. Contemporary Justice Review, 14(1), 43-63. Retrieved from http://www.informaworld.com/smpp/content~db=all?content=10.1080/10282580.2011.541076
When looking at the Criminal Justice system there are so many different elements make up the system to create a whole, it is sometimes hard to grasp every element. Throughout history people and governments alike have tried to figure out cost saving yet efficient strategies to keep offenders from reoffending and out of jail. Restorative justice is one of these elements; created to focus on the rehabilitation of offenders through reconciliation with victims and the community at large. Within the realm of restorative justice there are many different types of procedures and programs from alternate dispute resolution to veteran trauma courts and everything in-between. Not everyone will agree that these specialty courts and procedures
Agreeing on a definition of restorative justice has proved difficult. One definition is a theory of justice that focuses mostly on repairing the harm caused by criminal behaviour. The reparation is done through a cooperative process that includes all the stakeholders. Restorative justice can also be explained as an approach of justice that aims to satisfy the needs of the victims and offenders, as well as the entire community. The most broadly accepted definition for restorative justice, however, is a process whereby all the parties that have a stake in a specific offence collectively resolve on how to deal with the aftermath. This process is largely focused around reparation, reintegration and participation of victims. That is to say, it is a victim-centred approach to criminal justice, and it perceives crime differently than the adversarial system of justice.
Following the 1994 Rwandan genocide, more than 120,000 people were accused of bearing criminal responsibility for their participation in the killings of thousands of moderate Hutus and Tutsi. To help handle and control the mass number of perpetrators, the government chose to allow the operation of Gacaca community courts. This decision was controversial, and in many communities it was debated that the process was circumnavigated in favor of dispensing quick justice. These people who argue this decision, claim Gacaca courts violate the rights of people placed on trial. Although this is perceived by many Rwandan citizens, Gacaca courts were an acceptable mean of bringing justice to the perpetrators of the genocide. Many
When Mary Catherine Parris was told that I would be talking to her about restorative justice, her response was, “Is that a real thing?” (personal communication, September 23, 2015). Through this assignment I realized that restorative justice is not talked about within the criminal justice system. For both of the individuals I spoke with, the idea of restorative justice seemed like a joke. In trying to persuade them both that restorative justice is a real thing, I was met with very similar beliefs and comments from both individuals. They both believed that restorative justice would not work and believed that some aspects of the approach were completely useless (M. C. Parris, & R. Clemones, personal communication, September 23, 2015). The responses
Middleton, John. "Rwanda." Africa: an Encyclopedia for Students. Vol. 3. New York: Charles Scribner's Sons, 2002. Print.
Forgiveness, however you see it, from spiritual to psychological, it is surely a process. But what is forgiveness and how can one achieve it? There are many blogs, books, and scriptures to show how forgiveness is a necessary step into growing as a person. Dr. Wayne W. Dryer, Zack Carter, Michelle Rad, and Diana Gruver all have research points or have previous experience within forgiveness to give advice and to help understand it, along with how to forgive. This research will point out main topics and/or steps on the spiritual aspect and psychological understanding to forgive and how it progresses for one’s self.