Lessons from Rwanda: Why The U.K. Should Promote Reconciliation Through Localized Strategies in Place of Prosecutorial Amnesty

Authors

Jeremy J. Perillo

First Page

86

Document Type

Article

Abstract

The United Kingdom ("U.K.") has a long, rich, and complicated history, but is likely better known contemporarily through its icons, the late Queen Elizabeth II and Big Ben, for example. Beyond that surface, formulated through its time as an expansive empire, is the complexity and controversy that comes with being the U.K., a prominent global hegemonic power throughout generations. One such complexity that has spanned centuries is the demarcation between Northern Ireland ("N.I.") and the Republic of Ireland. In early September 2023, the U.K.'s House of Commons ("Parliament") passed the Northern Ireland Troubles (Legacy and Reconciliation) Act ("the Act"), intending to promote reconciliation between the U.K. and N.I. given the thirty-year conflict known as the Troubles. Having received royal assent from King Charles III, and thus, becoming law, the Act establishes "an Independent Commission for Reconciliation and Information Recovery, limiting criminal investigations, legal proceedings, inquests and police complaints." Given the emotional and physical pain left by the Troubles, Parliament's latest attempt at creating reconciliation amongst those involved has been received negatively and remains controversial across the entire island of Ireland. Even with the change in government that occurred in July 2024, and the subsequent promises to repeal the Troubles Act, significant work will have to be done to repair the bonds the Act damaged, alongside the continued necessity of striving for reconciliation. Meanwhile, several thousand miles to its south, Rwanda has approached conflict, tragedy, and reconciliation markedly differently. Following the Rwandan genocide in 1994, public gatherings known as Gacaca Courts were formed, allowing criminals to confess to their crimes, while also apologizing to the families of the victims. Judges mediated the court hearing, asking for confessions to be told, and for survivors to pardon the offenders, all while in a public setting. If criminals were untruthful or did not admit to their crimes, those in attendance would hold them accountable for their actions. The Catholic Church, and its local priests, served as a large influence in pursuing reconciliation among Rwandans following the genocide. This paper examines whether the U.K. and N.I. can learn a more effective form of reconciliation following the Troubles than the termination of criminal investigations in the Act, taking lessons from the reconciliation efforts that came after the Rwandan genocide. Part I will cover the background of reconciliation as a legal concept, the Troubles, the Act in more in-depth, and the Rwandan genocide. Part II will be an analysis of why the U.K. and N.I. should continue to work towards productive reconciliation by utilizing localized reconciliation strategies, taking direct lessons from the Gacaca courts, and understanding modern- day obstacles to reconciliation. Lastly, this note will conclude by articulating why reconciliation in Northern Ireland requires a more careful governmental approach to achieve true reconciliation.

Recommended Citation

Jeremy J. Perillo, Lessons from Rwanda: Why The U.K. Should Promote Reconciliation Through Localized Strategies in Place of Prosecutorial Amnesty, 37 St. Thomas L. Rev. 86 (2024).
Available at: https://scholarship.stu.edu/stlr/vol37/iss1/5