Analysis

    Preventing sexual violence: lessons from rebel armies in Burundi and Uganda
    11.04.18
    The Conversation, Angela Muvumba Sellström

    I conduct research on wartime sexual violence. But hold on. My work focuses on the non-cases: armed political actors which have committed little sexual violence and have a history of disciplining their members’ sexual behaviour. This effort seems ridiculously extraneous in the current climate. Just in the last years, Boko Haram in Nigeria and the Islamic State of Iraq and the Levant (ISIL or Daesh) in Syria and Iraq have systematically abducted and abused thousands of women and girls. However, as researcher Elisabeth Jean Wood has demonstrated, sexual violence patterns vary because...

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    Rwandans discuss how best to commemorate genocide
    10.04.18
    The Conversation

    Rwanda is commemorating the 24th anniversary of the 1994 Tutsi genocide. This claimed the lives of between 800,000 and one million Tutsis and moderate Hutus over 100 days. This is a good time to reflect on the history of policy and practice of memory, justice, and recovery in the country over the past 24 years. Two questions are especially pertinent: how have Rwandans engaged in various forms of memory after genocide? How have these processes been meaningful? From a series of nearly 60 interviews conducted in the country since 2015, I have learned from a diversity of perspectives about...

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    Geneva puts spotlight on Myanmar’s Rohingya minority
    21.03.18
    Simon Bradley, swissinfo.ch

    The plight of Myanmar’s Rohingya community was the centre of attention in Geneva last week with allegations of “acts of genocide” against the Muslim minority, counterclaims by Myanmar officials, a donor appeal for almost $1 billion (CHF954 million) and a bleak documentary film about a Buddhist monk stirring up ethnic hate. Since August 25, 2017, over 700,000 Rohingya Muslims have fled the western state of Rakhine in Myanmar to Bangladesh as security forces carried out brutal crackdowns, following attacks by Rohingya insurgents.  “This is on top of 200,000 Rohingya already living in...

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    Democratic recession and transitional justice
    15.03.18
    Pierre Hazan, JusticeInfo editorial advisor and professor at Neuchâtel University

    In an article that made an impact, American political sociologist Larry Diamond says that since 2006 we have been living through a “democratic recession”. The events of the past few weeks prove him right. The nomination to the post of US Secretary of State of Mike Pompeo, a supporter of torture, and of Gina Haspen to head the CIA are unfortunately the most recent symbols. Gina Haspen, directed a secret prison of the American intelligence services in Thailand where torture, especially waterboarding, was used against suspected “terrorists”. The Trump Administration is clearly not in line with...

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    In Colombia, FARC leader ends presidential bid, giving transitional justice a chance
    14.03.18
    The Conversation

    In a decision with far-reaching consequences for Colombia’s fragile peace process, the FARC – a political party formed by former Marxist guerrillas from the Revolutionary Armed Forces of Colombia – has withdrawn from the country’s presidential race after candidate Rodrigo Londoño underwent open-heart surgery in Bogota. The 59-year-old Londoño, who as leader of the violent rebel group used the name Timochenko, had a heart attack in 2015. Last year, not long after signing a historic peace deal with the Colombian government, he suffered a stroke. Despite concerns that his health problems were...

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    Switzerland : Is the Abacha accord a model for returning ‘dictator funds’?
    08.03.18
    Julia Crawford

    A recent Swiss agreement with Nigeria and the World Bank to return hundreds of millions in so-called “Abacha funds” is being hailed as a model for how other countries deal with dictators’ assets. But civil society organisations in both Switzerland and Nigeria have reservations. Switzerland has been working for several years to clean up its image as a haven for “dirty money”, having returned more than CHF2 billion ($2.1 billion) in stolen assets since 1986. The latest example is $321 million that has already been transferred from Switzerland to a Nigerian government account, part of assets...

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    ICC under fire for internal mismanagement
    26.02.18
    Stéphanie Maupas, correspondent in The Hague

    The International Criminal Court (ICC) is again under fire for bad governance. In late January the International Labour Organization (ILO) handed down six judgments denouncing the “illegal” nature of steps taken by ICC Registrar Herman von Hebel as part of reforms launched in 2014. This comes as the ICC prepares to elect its next Registrar. Fourteen candidates are running, including the incumbent, Herman von Hebel. The administrative court of the ILO, to which ICC employees had recourse, rendered six decisions on January 24, 2018, finding that the Court should pay material and moral damages...

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    Brazil: Court decision puts spotlight on crimes against indigenous people
    15.02.18
    Fabio Cascardo

    In a historic decision regarding crimes against humanity committed by the military dictatorship (1964-1985) against the indigenous Kinja people (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 unprecedented judicial acknowledgement of the violence suffered by the Kinja Indigenous during that period. In this first writ on 01.19.2018 the court obliged the Federal Government to present in the next 15 days all the documents...

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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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