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The Violence of Law: The Formation and Deformation of Gacaca Courts in Rwanda


ISBN13: 9781108425391
Published: May 2024
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £120.00



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'Lawfare' describes the systematic use and abuse of legal procedure for political ends. This provocative book examines this insufficiently understood form of warfare in post-genocide Rwanda, where it contributed to the making of dictatorship. Jens Meierhenrich provides a redescription of Rwanda's daring experiment in transitional justice known as inkiko gacaca. By dissecting the temporally and structurally embedded mechanisms and processes by which change agents in post-genocide Rwanda manoeuvred to create modified legal arrangements of things past, Meierhenrich reveals an unexpected jurisprudence of violence. Combining nomothetic and ideographic reasoning, he shows that the deformation of the gacaca courts - and thus the rise of lawfare in post-genocide Rwanda - was not preordained but the outcome of a violently structured contingency.

The Violence of Law tells a disturbing tale and will appeal to scholars, advanced students, and practitioners of international and comparative law, African studies and human rights.

Subjects:
Other Jurisdictions , Africa
Contents:
Part I. Introduction:
1. A justice facade

Part II. A Theoretical Framework:
2. The violence of law

Part III. The Emergence of Lawfare:
3. Bending the law; 4. Chambres specialisees: from legalism to lawfare

Part IV. The Evolution of Lawfare:
5. Varieties of Gacaca; or: the invention of tradition; 6. Violent legalization; 7. Lineages of governmentality; 8. The supply and demand of law; 9. The marketing of genocide

Part V. The Effects of Lawfare:
10. In a field of pain and death: lawfare in the countryside; 11. A cartography of silence

Part VI. Conclusion:
12. The political economy of lawfare