WHAT JUSTICE FOR NATIONAL RECONCILIATION? CASE OF CENTRAL AFRICAN REPUBLIC AND REPUBLIC OF IVORY COAST ; Quelle justice pour une réconciliation nationale ? Cas de la République Centrafricaine et de la République de Côte d'Ivoire

Abstract

For more than a decade, the Central African Republic (CAR) and the Republic of Côte d'Ivoire (RCI or the Ivory Coast) are going through serious military-political conflicts which have been accentuated for the Central African Republic in 2012 and for RCI in 2011. These crises, which in most cases are rooted in poor governance and lack of political will have a common denominator: significant material damage and loss of life. Serious crimes in the hierarchy of horror have been committed (war crimes, crimes against humanity and crimes of genocide). Given the seriousness of these crimes that profoundly transcend human consciousness, both countries have engaged in transitional justice processes, through judicial and non-judicial measures to deal with their painful past and reconcile divided populations and communities. How to integrate justice into a more global strategy of the transitional process for national reconciliation in favour of a new democratic future?It is true that the repression of these crimes by the Central African and Ivorian courts, the International Criminal Court (ICC), the Special Criminal Court (SPC) in CAR or under universal jurisdiction is a priority objective pursued by both countries. However, classical justice has proved incapable of judging all the authors, as their number is important and the facts they are accused of are serious. This is why the Central African and Ivorian authorities have considered complimentary mechanisms to criminal justice aimed at restoring living together among the divided populations, materialized by the creation of the Truth and Reconciliation Commission (CDVR). It is responsible for establishing a historical truth about the crimes committed in order to definitively turn the page. Apart from this classical institution of national reconciliation, other structures have been created, either to fill the gaps of previous initiatives or to find other new areas. Religion has also played an important role; either it promotes religious tolerance, acceptance of differences ...