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Summary

Following the genocide, the Rwandan government adopted a policy that sought to hold accountable all those suspected of participating in the genocide, including minors. Chapter 5 provides a detailed and comprehensive account of how child perpetrators were dealt with in Rwanda in law, policy and practice. It examines how children were held accountable for participating in the genocide, considering whether they were given differential treatment on grounds of their age (and if so, what the relevant age thresholds were). It considers broadly whether Rwanda complied with international juvenile justice standards, including on the minimum age of criminal responsibility, sanctions, juvenile-specific institutions and procedural guarantees. These issues are explored in the context of arrests and detentions, criminal justice mechanisms (both formal courts and gacaca jurisdictions) and administrative measures taken to address genocidal acts.

Power of state – President as state's and as people's representative – Bicephalism of government – Unity in cabinet – History – Guizot, Chateaubriand – Orleanism – President's arbitration is form of leadership – De Gaulle engaging political responsibility – penal responsibility – Cohabitation – Constitutional amendment and referendum (1962) – President structures parliamentary majority – Weakness of Parliament – Full presidentialization? – Sixth Republic?

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5 - Rwanda’s Responses, in Law, Policy and Practice, to Child Génocidaires

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Presidential Elements in Government France: The Quest for Political Responsibility of the President in the Fifth Republic

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5 - Rwanda’s Responses, in Law, Policy and Practice, to Child Génocidaires

Summary

Presidential Elements in Government France: The Quest for Political Responsibility of the President in the Fifth Republic