Submitted in fulfillment of the requirements of the degree of Master of Technology: Public Management (Peacebuilding), Durban University of Technology, Durban, South Africa, 2015. / One of the major issues following the genocide in Rwanda in 1994 was what to do with the huge number of people (around 100 000) accused of crimes during the genocide. Western legal approaches dealt with a handful of such cases at huge expense but the vast majority of the accused languished in prison. The government decided to employ a modified version of Gacaca - the traditional way of dealing with disputes and lower level crimes at community level. Using a qualitative research methodology and employing focus groups and individual interviews as data collection tools, this research investigate perceptions about the operation of Gacaca in three Rwandan communities, with particular reference to truth, justice, forgiveness and reconciliation. The research suggests that in the three communities, Gacaca was seen as bringing the truth out into the open and to provide a measure of justice, although limitations were noted in both of these respects. Given the enormity of the genocide crimes, however, there seemed to be little progress in the areas of forgiveness and reconciliation. / M

This research seeks to establish a methodology by which transitional justice strategies ought to be incorporated within the International Criminal Court (ICC) framework. The study is based on the situation in Uganda as an example of the state that has a situation and cases before the ICC. The aim of the thesis was achieved through the adoption of a combination of theoretical legal research and the non -doctrinal approaches. This research establishes that the primary responsibility to prosecute persons suspected of violating international law lies with the states. The importance of the concept of individual criminal responsibility, the idea that every person suspected of committing the most serious offences must be held accountable regardless of status. The principle of individual criminal responsibility is further developed with the creation of the ICC. This research clarifies that there are limitations in terms of what prosecutions can achieve during transitional periods; further, that trials in the ICC and national courts can be undertaken together with proceedings of the Truth and Reconciliation Commissions or indigenous mechasims. Such an approach will allow for confines of prosecutions to be addressed. Despite the existence of principles and institutional framework that are intended to ensure individuals are held accountable for the most serious offences of international concern, the majority of individuals are not held accountable. In order for the ICC to operate effectively it would need to seek to go beyond deterrence and retribution. This would require post – conflict states to devise transitional arrangements that compel with the ICC structure. Thus the research recommends that it would be better for judicial and non- judicial measures to be adopted in states that have cases before the ICC. Particularly Uganda must adopt the mato oput method formally as a tool to address the past human rights abuses in Uganda. All persons regardless of whether they have been granted amnesty or not must be held accountable under the mato oput measures. This implies all persons with exception to those that the ICC has issued the warrants of arrest against. / Public, Constitutional and International Law / LL. D.