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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 or peaceful resolution of conflicts, or it appears as a cause of conflict, through messages of hatred and division.But in this process of reconciling these two objectives, how can we begin the process of national reconciliation without endorsing practices of impunity? It is in this sense that the repression of serious crimes appears as a necessary mechanism of transitional justice.Finally, it is important to note that the crises in both countries are politically motivated, but also institutional. This is why institutional reforms have been initiated in several areas, including Security Sector Reform (SSR) with the disarmament, demobilization and reintegration of all combatants. Reforms have also been undertaken in the field of good governance and constitutional justice so that, henceforth, the actions of the rulers are subject to the law.
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Submitted on : Thursday, November 29, 2018 - 6:12:05 PM
Last modification on : Wednesday, October 14, 2020 - 4:11:12 AM


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  • HAL Id : tel-01939830, version 1



Arnaud Yaliki. Quelle justice pour une réconciliation nationale ? Cas de la République Centrafricaine et de la République de Côte d'Ivoire. Droit. Université Paris-Est, 2018. Français. ⟨NNT : 2018PESC0046⟩. ⟨tel-01939830⟩



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