This article examines the gacaca trials of women accused of perpetrating the Rwandan genocide, asking whether and how ideas about their gender impacted their defences, testimonies and experiences as defendants. It uses court reports of the trials of 91 accused women; a set of sources that provides novel insights into the role of gender in an African transitional justice system. These sources reveal that ideas about gender – particularly female peacefulness and passivity – were commonly invoked by both accused women and wider trial participants. These gendered ideas not only helped women to achieve acquittals, but they also contributed to the Rwandan state's construction of a ‘truth’ narrative that ordinary Rwandan women are not capable of genocide violence. Additionally, women's trials reveal a further function of the gacaca process: as a political tool that made moral judgements about contemporary Rwandan women's domestic roles and place within the household.

This article investigates the violent aftermaths of Rwanda's 1994 Genocide and Liberation war by analyzing its Gacaca Courts, which framed themselves as a “traditional” mechanism of transitional justice. These specialized genocide tribunals, in operation between 2002 and 2012, authorized laypersons to sentence their neighbors to up to life in prison. They passed judgment on almost two million cases, at an official conviction rate of 86 percent. I argue that through their practice, “genocide” came to be constituted as a crime whose contours extended far beyond the boundaries of any international legal definition. It included a wide range of acts, utterances, and inner states, as potentially infinite manifestations of a boundless criminal interiority named “genocide ideology,” the necessary ‘driving force’ behind acts of genocide. Within Gacaca, genocide ideology was constituted as the continuing destructive potential of Hutu to menace or even disrespect innocent Tutsi, who were constituted as metonymic of the “new” state. The paranoid hermeneutics of those trials led them to project such an interiority within ‘others,’ imagined as constantly on the verge of erupting into insurrectionary violence, threatening the state's very foundation. The figure of the “Hutu” was transformed into a negative political category operating as a spectral threat haunting the New Rwanda. Gacaca led to a realization throughout the vast population that it marked as “Hutu” that the crime of genocide could potentially inhabit any and perhaps even all of them, thereby producing a generalized fear and pervasive silence.

The research activity generating data in times of transition is subject to politicization and needs to deal with widespread distrust due to the legacy of violence or atrocity. This article discusses the main principles of a research design that took into account these hindrances by making prudence its basic tenet. The objective was to generate understanding of the functioning of Rwanda’s gacaca court process through a heightened awareness in data collection. In doing so, this article calls attention to the importance of a reflective and adaptive research process in times of transitional justice. Two research principles are discussed in detail: immersion and iteration. The latter were adopted to facilitate the generation of context-specific knowledge on both breadth and depth of the transitional justice process. This article demonstrates how a pragmatic stance that draws on a variety of epistemologies and methodological approaches facilitates data collection as well as navigation of the field of study. It will be argued that data collection and the activity of navigating the field while collecting data reciprocally produce knowledge.