Restorative Justice vs. Retributive Justice: A Case Study of Customary Accountability Courts in East Africa

Global Journal of Peace and Conflict Studies | Vol. 8, No. 3, March 2017 | pp. 685–693

DOI: 10.46882/2017/GJPCS/000098

Article Type: Case Study

Title: Restorative Justice vs. Retributive Justice: A Case Study of Customary Accountability Courts in East Africa

Names of Authors: Emmanuel Jean-Pierre¹, Sarah K. Kaufmann²

Authors’ Affiliations: ¹School of Law, National University of Rwanda, Butare, Rwanda; ²Faculty of Law, University of Heidelberg, Heidelberg, Germany

Abstract: Abstract: The sheer scale of domestic mass violations often overwhelms traditional formal judicial architectures, prompting the innovative implementation of community-led customary courts. This case study evaluates the restorative and retributive dynamics of localized community courts in balancing transitional accountability with grassroots community reconciliation. Field research was conducted across four sub-national sectors, utilizing direct observations of court proceedings, focus group discussions, and local archive registries. The data reveal that customary courts successfully expedited the processing of thousands of cases, a feat impossible within conventional courts. Restorative indicators showed high rates of truth disclosure and community service integration among perpetrators. However, the study identifies significant legal and psychological challenges, including a lack of formal legal representation and secondary traumatization among survivors during public testimonies. Quantitative assessments from local surveys indicate that 68% of survivors felt justice was served, though systemic anxieties regarding regional reintegration persist. This research concludes that while customary courts serve as milestone models for localized justice, their restorative benefits require ongoing mental health frameworks to prevent cyclical trauma.

Keywords: Restorative Justice, Retributive Justice, Customary Courts, East Africa, Transitional Accountability, Community Reconciliation, Mental Health Frameworks

Manuscript Timeline: Received: October 14, 2016; Revised: December 15, 2016; Accepted: January 20, 2017; Published: March 05, 2017

Citation: Jean-Pierre, E., & Kaufmann, S. K. (2017). Restorative Justice vs. Retributive Justice: A Case Study of Customary Accountability Courts in East Africa. Global Journal of Peace and Conflict Studies, 8(3), 685–693. DOI: 10.46882/2017/GJPCS/000098

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