Restorative Justice vs. Retributive Justice: A Case Study of Community Accountability in Post-Conflict Jurisdictions

Global Journal of Peace and Conflict Studies | Vol. 5, No. 12, December 2014 | pp. 424–432

DOI: 10.46882/2014/GJPCS/000069

Article Type: Case Study

Title: Restorative Justice vs. Retributive Justice: A Case Study of Community Accountability in Post-Conflict Jurisdictions

Names of Authors: Emmanuel Jean-Pierre¹, Ricardo Silva²

Authors’ Affiliations: ¹School of Law, National University of Rwanda, Butare, Rwanda; ²Institute of Social and Political Studies, State University of Rio de Janeiro, Rio de Janeiro, Brazil

Abstract: Abstract: The sheer scale of domestic mass atrocities often overwhelms traditional formal judicial systems, prompting the innovative implementation of community-led court systems. This case study evaluates the restorative and retributive dynamics of these community courts in balancing transitional accountability with community reconciliation. Field research was conducted across four sectors, utilizing observations of court proceedings, focus group discussions, and archive analysis. The data reveal that community courts successfully expedited the processing of hundreds 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 localized court systems serve as milestone models for community justice, their restorative benefits require ongoing mental health frameworks to prevent cyclical trauma.

Keywords: Restorative Justice, Retributive Justice, Community Accountability, Post-Conflict Reconciliation, Transitional Accountability, Judicial Systems

Manuscript Timeline: Received: July 11, 2014; Revised: September 15, 2014; Accepted: October 12, 2014; Published: December 08, 2014

Citation: Jean-Pierre, E., & Silva, R. (2014). Restorative Justice vs. Retributive Justice: A Case Study of Community Accountability in Post-Conflict Jurisdictions. Global Journal of Peace and Conflict Studies, 5(12), 424–432. DOI: 10.46882/2014/GJPCS/000069

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