Rwanda’s long, winding road to justice

Eight hundred thousand deaths in a mere one hundred days.

That shocking statistic summarizes the horrifying scale of the 1994 Rwandan genocide. With frightening speed and brutality, an entire nation was left in ruins. Corpses on the streets, families ripped apart and tragedy at every turn.

How does a country begin to rebuild itself after experiencing such horror? In the wake of such atrocities, justice is a critical cornerstone of rebuilding and reconciliation.

Rwanda presented an immense challenge to the legal community, with hundreds of thousands of victims and perpetrators. Now, 15 years later, there are still cases to be tried and wounds in need of healing.

Steve Kelliher, a lawyer from British Columbia, participated in the Rwandan justice experiment first-hand, serving as a defense lawyer for a Rwandan man charged with Genocide and Crimes Against Humanity. Kelliher offers a unique glimpse into the justice system post-genocide in Rwanda.

Kelliher says his experience in Rwanda was unlike anything he has ever encountered in his professional life. One of the biggest challenges he experienced was the need for impartiality in the courts.

"In respect to Rwanda one has to ask, how can there possibly be an impartial person? The massacres were overwhelming. Everyone, in one way or the other, was involved. So many died and in such horrible ways that no one could possibly be unmoved by these events."

For Kelliher, Rwanda ignited a special realization.

"It dawned on me that the rule of law is secondary to human rights. Being a lawyer, I previously did not question the transcendence of the rule of law," says Kelliher in an e-mail exchange. "(But) the massacres were organized and ordered by those in lawful authority. Indeed it was their status as government officials which gave their orders weight and gave the killers licence to do their work."

The genocide in Rwanda has challenged lawmakers to assert an international standard of human rights. While the International Criminal Court has begun a new chapter in international justice, there is a long road ahead.

"One of the many challenges for your generation is to reconcile the concept of human rights and the rule of law," says Kelliher. "If not anchored in principles of universal human rights, the rule of law, as we see time and again, is only camouflaged injustice."

Kate Bruce-Lockhart
University of Toronto

Kate is a first-year student at the University of Toronto. She is passionate about social justice, fair trade and health. Kate has traveled to Kenya, Mexico and Arizona with Me to We.

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