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5 Loy. U. Chi. Int'l L. Rev. 59 (2007-2008)
After Atrocity Examples from Africa: The Right to Education and the Role of Law in Restoration, Recovery, and Accountability

handle is hein.journals/intnlwrv5 and id is 63 raw text is: AFTER ATROCITY EXAMPLES FROM AFRICA: THE RIGHT TO EDUCATION AND THE ROLE OF LAW IN RESTORATION, RECOVERY, AND ACCOUNTABILITY Erika R. Georget I. Introduction In recent years, there has been a proliferation of international legal institutions to respond to the challenges confronted by many countries emerging from armed conflict, mass violence, or systematic human rights violations. Unfortunately, there are ample recent examples of atrocities throughout the world-the killing fields of Cambodia, ethnic cleansing in the former Yugoslavia, and the genocide in Rwanda are but a few. To date, efforts of the international community to restore respect for human rights and ensure that those responsible for atrocities and human rights abuses in post-conflict societies have predominately centered on criminal justice models. I For example, the last decade has seen the creation of the International Criminal Court, ad hoc tribunals for Rwanda and the former Yugoslavia, and a special court in Sierra Leone. Recent negotiations resulted in the formation of a hybrid tribunal for Cambodia. Most of these contemporary responses have associated criminal accountability in the international legal sys- tem with advancing the rule of law.2 Yet the rule of law, now promoted by the international community as a means for establishing peace and stability in socie- ties where massive human rights tragedies have occurred, has often been up- rooted or may never have taken root in those countries. An increasing number of weak or failing states and humanitarian crises over the past several years sparked greater demand on the part of the international community for rule of law promotion efforts designed to build or rebuild legal institutions, provide accountability for abuses and war crimes, restore functioning civilian democratic governments, and foster economic recovery.3 In parts of the African continent recently plagued with armed conflict such as Sudan, Liberia, Sierra Leone, and Rwanda, the rule of law ceased to meaningfully exist. In those areas not devastated by war, systemic rights violations such as those associated with the maintenance of South Africa's apartheid regime served to discredit the t Associate Professor of Law, University of Utah, S.J. Quinney College of Law; B.A., University of Chicago; M.A., University of Chicago; J.D., Harvard Law School. The author would also like to thank Nathaniel Sanders and Jared Peterson for their research assistance. Special thanks to Wayne McCormack for his thoughtful comments and to the participants in the symposium on The Rule of Law and Delivering Justice in Africa, Loyola University Chicago International Law Review 2007. 1 Ruti Teitel, The Universal and the Particular in International Criminal Justice, 30 COLUM. HUM. RTS. L. REV. 285, 286 (1999) (considering how criminal processes effect the liberal transformation of transitional states emerging from authoritarian rule). 2 Id. 3 JANE STROMSETH, DAVID WIPPMAN & ROSA BROOKS, CAN MIGHT MAKE RIGHTS? BUILDING THE RULE OF LAW AFTER MILITARY INTERVENTIONS 62 (2006). Loyola University Chicago International Law Review Volume 5, Issue I

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