In recent years, a growing number of countries have tried to come to terms with a past of large-scale human rights abuses through processes of transitional justice. Among them, Burundi stands out as a case that is largely unexplored in international academic literature. After decades of political violence and civil war, an internationally brokered peace process guided Burundi to democratic elections in July and August 2005. United Nations Security Council resolution 1606 (2005) was adopted shortly before the 2005 elections. This resolution requested the UN Secretary-General to initiate negotiations with the Burundian government with a view to establish ad hoc mechanisms (a Truth and Reconciliation Commission and a Special Court), “convinced of the need, for the consolidation of peace and reconciliation in Burundi, to establish the truth, investigate the crimes, and identify and bring to justice those bearing the greatest responsibility for crimes of genocide, crimes against humanity and war crimes committed in Burundi since independence, to deter future crimes of this nature, and to bring an end to the climate of impunity, in Burundi and in the region of the Great Lakes of Africa as a whole”. As of December 2009, at the time of completion of this monograph, no transitional justice mechanism has been established.

This study analyses how, after the various cycles of violence that have profoundly shaped Burundi's history, national and international actors have rendered (or failed to render) justice for the injustices suffered. In particular, it seeks to understand to what extent and under what conditions law has been a valueloaded source of Burundi's transitional justice policy and/or an instrument that was shaped in accordance with the desired end of the political transformation and with the balance of power among its main constituencies.

Scope, Approach and Methodology

This study analyses the law and practice of transitional justice in Burundi. In order to do so, it adopts a largely inductive, empirical perspective, focusing primarily on what decision-makers and other actors have actually done (or omitted doing) in response to the cyclical outbursts of violence that repeatedly caused mass victimization among the people of Burundi.