Punishment, Postgenocide: from Guilt to Shame to Civis in Rwanda
PUNISHMENT, POSTGENOCIDE: FROM GUILT TO SHAME TO CIVIS IN RWANDA MARK A. DRUMBL* Following the 1994 Rwandan genocide, nationaland internationaltrials set out to encourage nationalreconciliation, promote peac punishperpetrators, foster a cul- ture of human rights, and effect justice In this Articl, Professor Mark Dnmbl questions the ability of these trials to achieve these goals and suggests they may in fact aggravate ethnic identify politics, thereby threatening Rwanda's long-term sta- bility. He arguesthat the highly interdependentyet dualist natureof Rwandan soci- ety, together with the widespread level of participationin and victimization by the genocide, create a situationwhere accountabilityfor the violence and the deterrence of future violence can be pursued more effectively through the restorative cultiva- lion of shame, rather than through the retributive imposition of guilt. Although criminalsanction usually attaches to deviant conduct, participationin genocide in Rwanda was not particularly devian4 nor was it an individualized,pathological transgression. Professor Drumbl asks whether there might be times and places where collective wrongdoingneeds to be exposed and not hidden by the law's pref- erence for individual fault Despite the concerns that ought to be emerging from the Rwandan experience internationallawyers continue to push-with significant degrees of success-for selective criminalprosecution as a preferred, and poten- dally exclusive; response to mass atrocity. In contrast, he suggests that creating presumptions in favor of criminaltrials may preempt the supervening inquiry about the suitability of those trials to the afflicted society. ProfessorDrumbi concludes that policy responses to mass atrocity should be founded upon contextual inquiries, not driven by globalitarianor legalistic agendas, and should recognize ie unique- ness of each incidentof mass atrocity and fie uniqueness of the reconstructionpro- cess that should follow, instead of flattening that uniqueness.
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