Analysis

    Brazil : Court decision brings the genocide of indigenous by dictatorship into spotlight
    15.02.18
    Fabio Cascardo

    In a historic decision regarding crimes against humanity committed by the military dictatorship (1964-1985) against the indigenous people Kinja (also known as Waimiri-Atroari), the Brazilian Federal Justice of the state of Amazonas put out restraining orders against the Federal Government and the National Indian Foundation (FUNAI), opening the way for an inedit judicial acknowledgement of the violence suffered by the Kinja Indigenous on that period. On this first writ on 01.19.2018 the court have obliged the Federal Government to present on the next 15 days all the documents concerning...

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    A Practitioners' Perspective on Forms of Justice in Peru and Colombia
    23.01.18
    ICTJ

    Jairo Rivas has a decade of experience working with reparations forms. In the aftermath of Peru’s internal armed conflict, Rivas helped distribute reparations to thousands of victims as Technical Secretary of the Reparations Council, an autonomous body established to implement the comprehensive reparations plan recommended by the country’s Truth and Reconciliation Commission. Rivas has also worked in Colombia, serving as senior advisor to the Director of the Special Administrative Unit for the Assistance and Comprehensive Reparations of Victims. There, he coordinated the registration process and the implementation of reparations from the internal armed conflict in that country. In...

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    As Yugoslav tribunal closes, a look back at its history
    03.01.18
    Pierre Hazan, JusticeInfo editorial advisor and professor at Neuchâtel University

    In his last speech to the UN Security Council on December 6, 2017, ICTY President Carmel Agius expressed satisfaction that out of 161 persons indicted, all have been tried or have died, representing a 100% success rate, although the difficulties were many. This is all the more surprising because the first international criminal tribunal had everything against it. It was created in 1993, in the midst of war in Bosnia- Herzegovina, with no access to the former Yugoslavia, and was pushed by founding fathers who did not even want it to succeed!  The ICTY was proposed to the Security Council by...

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    How the ICTY has changed our world
    03.01.18
    Pierre Hazan, JusticeInfo editorial advisor and professor at Neuchâtel University

    The International Criminal Tribunal for the former Yugoslavia (ICTY) closed its doors on December 31, 2017, after working for 24 years, issuing 161 indictments and nearly as many judgments, hearing 4,600 witnesses over 10,800 days of trials, producing millions of pages and costing billions of dollars. Apart from the Second World War, no war has been as studied and certainly none has been the subject of judicial procedures like the one that tore the former Yugoslavia apart in the 1990s.   So the time has come for a first evaluation, and the legacy of the ICTY is clearly considerable. Its...

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    Was the destruction of Old Mostar Bridge a war crime?
    11.12.17
    Pierre Hazan, JusticeInfo editorial advisor and professor at Neuchâtel University

    To what extent does the destruction of an architectural masterpiece constitute a war crime if that masterpiece is also used for military purposes? What, too, if the destruction of such a monument, like the Old Mostar Bridge, causes psychological and physical harm to a civilian population now under siege? How should military objectives, damage to cultural heritage, psychological and physical harm be weighed together? That was the headache posed by the last judgment of the International Criminal Tribunal for the former Yugoslavia (ICTY).  The ICTY’s last judgment on November 29 will be...

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    Croat leaders in last ICTY judgment for crimes in Bosnia
    28.11.17
    Pierre Hazan, JusticeInfo editorial advisor and professor at Neuchâtel University

    Latest UN judges uphold 25-year jail term on Bosnian Croat leader Prlic   On November 29, the International Criminal Tribunal for the former Yugoslavia (ICTY) is to hand down its last judgment before closing its doors in a few weeks’ time. The six accused were already tried by the lower court in 2013 and given prison sentences of 10 to 25 years for 26 counts of crimes against humanity and war crimes, including persecution, murder, rape and sexual violence, forced displacement and inhuman acts. These six former top leaders of the self-proclaimed Croatian Republic of Herzeg-Bosnia are now...

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    Justice leaves a bitter taste in the Balkans
    27.11.17
    Pierre Hazan, JusticeInfo editorial advisor and professor at Neuchâtel University

    This December 21, the International Criminal Tribunal for the former Yugoslavia (ICTY) will close its doors. Never have so many crimes provoked so much investigative work. Never has a war been so documented, examined and analysed by judicial authorities since the Second World War. Now it is time to analyse the record of this first international criminal tribunal, its successes and failures. This is indispensable, if only to learn lessons for the future of international justice.  What is most striking is the huge gap between judicial truth and the way it resonates in the societies most...

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    Ex-Yugoslavia would be worse off without UN Court, says ICTY Prosecutor
    20.11.17
    Stéphanie Maupas, correspondent in The Hague

    On November 22, the International Criminal Tribunal for the former Yougoslavia (ICTY) is to hand down its verdict on Bosnian Serb military commander Ratko Mladic. This is the last verdict in a trial court of the Tribunal, which was set up by the United Nations in 1993. The ICTY is due to close its doors on December 31, 2017, after 25 years of investigations and trials, and after convicting 83 individuals for crimes committed during the conflicts in former Yugolsavia. Prosecutor Serge Brammertz talked to JusticeInfo about the legacy of the ICTY, the first international tribunal to be created...

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    Politicians, war criminals: figures in the Balkan wars
    19.11.17
    AFP

    The UN court dealing with crimes committed during the wars that followed the break-up of Yugoslavia hands down its penultimate ruling on Wednesday, having delivered 83 convictions. Ahead of the International Criminal Tribunal for the former Yugoslavia (ICTY) judgement of Bosnian Serb army chief Ratko Mladic, here is a rundown of the fate of other key players in the Balkan wars of the 1990s. - Milosevic, Serbian president: charged - Slobodan Milosevic was accused of fuelling ethnic conflict and mass murder in the former Yugoslavia during his 13 years of iron rule, defying international sanctions and NATO bombs. Elected Serbian president in 1990, he played a key role in supporting...

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    'Butcher of Bosnia' faces historic war crimes verdict
    19.11.17
    AFP

    UN war crimes judges will on Wednesday hand down a historic verdict against former Bosnian Serb army commander Ratko Mladic, blamed for steering Europe's worst atrocities since World War II. The judgement and possible sentencing before the Yugoslav war crimes court in The Hague marks the culmination of a case spanning 22 years against Mladic, once dubbed "The Butcher of Bosnia". As the head of Bosnia's Serb-dominated army, Mladic, 74, is accused of 11 counts including genocide, war crimes and crimes against humanity, committed in the chaotic break-up of the former Yugoslavia after the fall of communism in 1990. Mladic is one of the "first cases which in fact justified the creation...

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    Religion is not the only reason for Rohingya displacement from Myanmar
    07.11.17
    The Conversation

    Recent weeks have seen an escalation of violence against the Rohingya in Rakhine, the poorest state of Myanmar. A tide of displaced people are seeking refuge from atrocities – they are fleeing both on foot and by boat to Bangladesh. It is the latest surge of displaced people, and is exacerbated by the recent activity of the Arakan Rohingya Salvation Army (ARSA). Religious and ethnic differences have been widely considered the leading cause of the persecution. But it is becoming increasingly hard to believe that there are not other factors at play. Especially given that Myanmar is home...

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    Opinion: Confronting transitional justice in Nepal
    07.11.17
    Ram Kumar Bhandari

    In Nepal, former parliamentarian and prominent Maoist leader Bal Krishna Dhungel was arrested on October 31, 2017 in Kathmandu and sent to jail. He had been found guilty in 2004 of killing Ujjan Kumar Shrestha of Okhaldhunga district, in the eastern hills of Nepal in 1998, at the beginning of the Maoist “Peoples’ War”. In 2004 the District Court convicted Dhungel of murder and sentenced him to life in prison with confiscation of property, but the Appeals Court cleared him in 2006. In 2010, the Supreme Court overturned the Appeals Court decision and upheld the District Court’s 2004 verdict....

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    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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