Analysis

    ICC scandal: Who is watching the sheriff?
    18.10.17
    Pierre Hazan, JusticeInfo editorial advisor and professor at Neuchâtel University

    A consortium of media known as the European Investigative Collaboration (EIC), of which French investigative website Mediapart is a member, has revealed certain facts that are embarrassing to the International Criminal Court (ICC). The Court has opened an internal investigation and suspended two members of staff, but the scandal focuses on former ICC Prosecutor Luis Moreno Ocampo. Apart from the questions about individual responsibility, the main issue raised by these revelations is ICC governance. Indeed, how should the ICC Prosecutor, the Court’s “sheriff”, be watched over? When Luis...

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    Women’s Victimization in Transitional Justice and their Fight : The Story of Taiwan
    25.09.17
    Yi-Li Lee

    Women, even though they were main victims of Taiwan’s authoritarian regime, have been largely absent from the transitional justice mechanisms after Taiwan successfully transformed into a democracy. Following the discussion of women’s victimization in times of political oppression and the negative impacts of women’s absence in Taiwan’s current transitional justice process, this essay argues that the recent incorporation of the Convention on the Elimination of All Forms of Discrimination against Women provides a gender-sensitive legal framework for female victims to overcome the social and...

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    Myanmar: Satellite Imagery Shows Mass Destruction
    22.09.17
    HRW

    (New York) – New analysis of satellite imagery from Burma’s Rakhine State shows the near total destruction of 214 villages, Human Rights Watch said today. World leaders meeting at the United Nations should urgently adopt a General Assembly resolution condemning the Burmese military’s ethnic cleansing, while the UN Security Council should impose targeted sanctions and an arms embargo. The detailed satellite images, made possible due to a clearing of monsoon cloud on September 16, 2017, reveal destruction from burning much greater than previously known. They show the destruction of tens...

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    Central African Republic: 12 peace plans in 10 years and still at war
    20.09.17
    Pierre Hazan

    In the last ten years, the Central African Republic has had a dozen peace plans. None have ever been implemented. Here we look back and analyse this serial failure, as people close to armed groups are admitted into government. This move by the president, Faustin-Archange Touadéra, “in the name of national reconciliation” comes as UN humanitarian chief Stephen O’Brien warned there are “early warning signs of genocide in the Central African Republic”. Is the Central African Republic (CAR) a serial killer of peace plans? From the 2007 Sirte accord concluded under the late “Mediator and Guide...

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    The Kenyan supreme court decision may polarize the population
    05.09.17
    AiIeen Kimutai

    It has been hailed as a benchmark the Kenyan Supreme Court ruling that nullified the August 8 presidential election results while ordering for a re-run within 60 days. The August 11 election declaration gave  the incumbent Uhuru Kenyatta 54.27 per cent of the votes against the 44.74 per cent for his rival Raila Odinga of the opposition National Super Alliance (NASA). However NASA disputed the results, alleging "hacking"  of the electoral board database and  massive rigging in favour of the ruling Jubilee party. In the landmark ruling, four Supreme Court judges accepted that  the  Kenyan...

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    Disappeared in Nepal : The survivors'unanswered questions
    29.08.17
    Ram Kumar Bhandari

    Every year, as part of the global movement against enforced disappearances, we commemorate the International Day Against Enforced Disappearance. On this day, we, raise up the voices of families affected by enforced disappearance, express solidarity with the struggle for justice worldwide, and remember our beloved family members who were forcibly taken away from their communities and never seen again.  From 1996-2006, Nepal endured a civil war in which hundreds of citizens were forcibly disappeared by state forces and the Maoist rebels. It is a human tragedy to live in a state of...

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    The challenge of forging a new army in Myanmar
    20.06.17
    Sithu Aung Myint, Frontier

    One of the greatest challenges of the peace process in Myanmar will be to decide what kind of national army ("Tatmadaw") will be most compatible with the people’s aspirations for a future democratic federal Union. During the second 21st Century Panglong Union Peace Conference that ended on May 29, delegates discussed 45 topics under four headings dealing with politics, the economy, the social sector and land and the environment. Agreement was reached on 37 topics and in an official statement, the six-day event was described as a success. Frankly speaking, the statement was not complete...

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    Nepal: Transitional uncertainty
    19.06.17
    Ram Kumar Bhandari

    Over the past two decades, Nepal has suffered greatly, seeing minimal progress on social transformation, transitional justice, criminal accountability, and access to justice. The cyclical nature of Nepali politics and lack of progress has placed the transformative agenda squarely in the hands of few elites who have full control of the state apparatus. The return of Sher Bahadur Deuba as Prime Minister (the 25th in the past 27 years, after 1990s Peoples movement) clearly shows the instability of the Nepali state. On June 6th, 2017, Sher Bahadur Deuba was elected Prime Minister of Nepal...

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    Kenya : Wachira Waheire meets his torturer 20 years later
    13.06.17
    International Center for Transitional Justice

    Wachira Waheire strode into Nairobi’s Sankara Hotel, made his way to the café attached to its lobby and scanned the room carefully. He was meeting someone he had not seen in 20 years, but as he sifted through the faces in the café he was confident all he needed was a glimpse and he would recognize his guest. “You don’t forget your torturers,” he says. “These memories are so vivid it’s like they just happened.” Wachira is something of a professional interviewer of torturers: as a Human Rights Officer at Kenya’s Truth, Justice and Reconciliation Commission (TJRC) from 2010 to 2012, it...

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    Week in Review: Challenges of confronting the past in CAR and Tunisia
    06.06.17
    François Sergent, JusticeInfo.net

    Once again the Central African Republic (CAR) dominated transitional justice news this week. The UN published a damning report on human rights violations in the country, while the Prosecutor of the CAR’s Special Criminal Court, a Congolese military jurist, made his first visit to Bangui to prepare his task. According to the UN report, Colonel Toussaint Muntazini Mukimapa’s task is huge. The UN report documents 620 of grave human rights violations committed in the CAR between 2003 and 2015. They include sexual violence, acts of torture in detention centres, extrajudicial executions, violence...

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    Week in Review: Surprise clampdown on corruption in Tunisia
    29.05.17
    François Sergent, JusticeInfo.net

    Tunisia remains in the forefront of transitional justice with a surprise move this week on financial transparency. Prime Minister Youssef Chahed arrested suspected leaders of trafficking and corruption. These people are talked about in an International Crisis Group (ICG) report, “Blocked Transition: Corruption and Regionalism in Tunisia”. Tunisians, used to impunity for politicians and their clans, can hardly believe this news, explains JusticeInfo’s Tunis correspondent Olfa Belhassine. At stake is not only the past but also the present. According to ICG, all key sectors in Tunisia are...

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    Safe Havens, Innovations in the protection of cultural property
    26.04.17
    Polina Levina Mahnad

    A recent constellation of events appear to herald a shift in how the international community responds to threats to cultural property in armed conflict. At a time when many are calling international law into question and multilateral responses to emerging threats are losing steam, the last year has seen bold moves – from court cases, State initiatives, and action by the UN Security Council – that have recognized the importance of cultural property protection for peace and security, as well as the ability of third-party states to take on responsibility for its protection. Among these are...

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    Tunisia: Empowerment through the Arts
    01.05.17
    Sahar Ammar

    The sufferance marking the legacy of sixty years of dictatorship cannot be felt, touched and expressed through the sophisticated speeches of politicians and government members. It is only through the stories of victims that pain and hope can be crystalized. The bridge between the darkness of the past and the lightness of the future can be truthfully and faithfully revealed in the honest tears of a mother who wants to bury her son, in the deep breath of a prisoner for whom torture became a matter of daily routine and in the harsh guilt of someone who witnessed the persecution of his friends...

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    Rethinking customary law in Somaliland: specific jurisdiction for rape to promote post-conflict development
    24.04.17
    Rakiya Omaar and Caitlin Lambert

     Somaliland does not enjoy international recognition as an independent state, but it does have what its people regard as their most precious asset : peace. After seceding from Somalia in May 1991, following a prolonged and bloody civil war, a shattered territory had to be rebuilt from scratch by people impoverished and scarred by years of exile, mainly in refugee camps in neighbouring Ethiopia. Despite the odds, Somaliland has established a functioning system of governance with little outside assistance while the rest of Somalia remains at war. This success is underpinned by the...

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    Syrian war crime brings illegal but perhaps legitimate US strikes
    07.04.17
    Pierre Hazan

    Syrian air force use of chemical weapons against civilians is a war crime, or even a crime against humanity. The retaliatory US missile strikes are perhaps legitimate, but certainly illegal under international law.   On Friday August 30, 2013, US President Barack Obama took one of the heaviest decisions of his mandate. He decided to abandon the “red line” that he had himself set. He would not take military action against the Syrian regime, even though it had just used chemical weapons. But new US President Donald Trump took action this Thursday, after seeing the images of dozens of dead...

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    Kenya: will technology deliver a free election ?
    21.03.17
    John Walubengo

    Elections present a milestone beyond which countries either strengthen their democratic credentials or become failed states. Often states fail when there are either perceived or blatant election malpractices. This in turn can lead to prolonged civil unrest.   Numerous cases exist across the continent. But I will use the Kenyan case to illustrate how election processes can be compromised, and then brought back from the brink with the use of technology.   Following the election in 2007 Kenya erupted into two months of unprecedented conflict. People were unhappy with the outcome which...

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    ICC : Namibia demands $30 bln for German genocide of Herero people
    17.03.17
    AFP

    Namibia is to launch a 30-billion-dollar (28-billion-euro) lawsuit against Germany over genocide committed during colonial rule, when tens of thousands of people were killed, according to documents seen by AFP on Friday. The Namibian government has previously avoided demanding financial compensation, but it changed its stance as two indigenous groups filed a class-action suit in New York against Germany. Legal documents provided to AFP and The Namibian newspaper show that the government has engaged lawyers in London to pursue a case of violation of human rights and a "consequent...

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    Week in Review:Judicial complaint in Spain against Syrian regime sets precedent
    13.02.17
    Ephrem Rugiririza, JusticeInfo.Net

    Is a first trial in Europe against the regime of Syrian President Bashar Al Assad likely? It looks more so after Spanish state prosecutor Javier Zaragoza officially registered a complaint filed by a woman of dual Syrian and Spanish nationality. She accuses members of the Syrian security services of having tortured her brother to death near Damascus. “This is the first time that allegations have been made to a court of `acts of State terrorism` by the current Syrian administration,” writes François Musseau, JusticeInfo’s correspondent in Madrid. Leading prosecution evidence in this...

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    New challenges for transitional justice on the path to peace
    10.02.17
    Pierre Hazan

    “The times are they are a-changing”, Bob Dylan used to sing. The winner of the 2016 Nobel prize for literature was surely not thinking about transitional justice when he wrote those lines back in the 1960s. Yet times are also changing for transitional justice, which has become a key component of peace accords. But with new objectives come new challenges, and they are considerable. Transitional justice was developed during the late 1980sand the following decade in the wave of optimism that followed the end of the Cold War. Defence budgets were falling, political and economic liberalism...

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    Congo : The Challenges of the First Implementation of the ICC's Reparations Mandate
    31.01.17
    Kirsten J. Fisher, Ph.D.

    On 14 March 2012, Thomas Lubanga Dyilo (Lubanga) was found guilty before the International Criminal Court (ICC) for the war crime of conscripting or enlisting children under the age of 15, and using them to participate actively in hostilities in the Democratic Republic of Congo (DRC). This was the first conviction for the ICC and an important step in the international condemnation of the use of child soldiers. With this conviction came a sentence of 14 years in prison for Lubanga and the hope of justice for his victims – children as young as 11 who were forced to fight and die,...

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