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Transitioning Without Reconciliation: Comparing Mechanisms For Addressing Genocide Denial In Rwanda And Bosnia




Stella Nyana Ahanor, Lecturer, Faculty of Law, Catholic University of Mbeya, Tanzania, LLB (Makerere University-Kampala) PGDLP (Law Development Center-Kampala) LL (Ruaha University College -Tanzania), PHD (Ruaha Catholic University- Tanzania)



ABSTRACT


Rwanda and Bosnia and Herzegovina (BiH) have both faced the devastating consequences of genocide and have subsequently implemented different strategies to foster reconciliation and address genocide denial. Genocide denial laws have been enacted in both BiH and Rwanda, but with differing outcomes. In both Rwanda and BiH, the law aims primarily to deter genocide and uphold the rule of law; however, BiH has largely struggled in achieving these goals, as evidenced by the limited number of prosecutions. This inadequacy has adversely affected reconciliation efforts within the region.


Conversely, Rwanda’s approach to genocide denial legislation is distinctly oriented toward fostering peace and reconciliation. The Rwandan legal framework has facilitated numerous prosecutions related to denial, resulting in a marked decline in genocide denial over time and ultimately contributing positively to the reconciliation process. A key factor behind the efficacy of Rwanda’s genocide denial law is its integration with prior transitional justice mechanisms, which established a robust foundation for legal and societal healing, a contrast to the situation in BiH.


Keywords: Genocide, genocide denial, genocide denial laws, reconciliation, prosecutions, acknowledgement, apologies



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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