Analysis

    Week in Review: Bangui rejects hate message, Euro-MPs make an appeal
    16.07.18
    Ephrem RUGIRIRIZA, JusticeInfo.Net

    Central Africans from all sides have come out strongly against a message calling on Christians to avenge the deaths of priests and members of the faithful killed in recent days. That call came in a communiqué from the “Church Defence League”, a hitherto unknown organization which says it wants to “denounce the lack of action by national authorities and Catholic church leaders in the face of violence against priests and religious people”, according  to Radio Ndeke Luka. The Catholic church, Muslim organizations, journalists’ associations and other members of civil society have come out as...

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    The possibility of transitional justice post-Mugabe in Zimbabwe
    13.06.18
    Dr Thompson Chengeta

     Through a reign of terror and a ruinous economic policy, the ZANU-PF Government of Zimbabwe [GoZ] not only violated the rights of Zimbabweans but broke the relationship between the Government and its citizens. In order to rebuild Zimbabwe, the broken relationship must be mended. As African elders say, “the ruin of a nation begins in the homes of its people”. The recently initiated transitional justice processes such as the national peace and reconciliation have the potential to fix the relationship between the GoZ and its citizens. Nevertheless, while scholars and organisations may...

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    Feasible Justice: Has Colombia Over-Promised and Under-Delivered Reparations for its 8.6 Million Victims?
    12.06.18
    Julia Zulver, University of Oxford

     Colombia’s unprecedented reparations programme guarantees financial, land restitution, and holistic benefits for millions of victims. With only 7% payment to date, however, the government faces the challenge of making good on promises to its citizenry, undermining the potential for building lasting peace. In 2016, after four years of official negotiations, the Colombian government and the Revolutionary Armed Forces of Colombia (FARC-EP, Spanish acronym) were finally able to negotiate a definitive peace, and the country is now in a full-scale transition away from its violent past. The...

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    Teachers’ Influence: Transitional Justice and the Impact of Education
    12.06.18
    Dr. John Sturtz

    The United Nations High Commissioner for Human Rights, Zeid Ra’ad Al Hussein, recently advocated a deeper form of education – one that “goes beyond reading, writing, and arithmetic to include skills and values that can equip people to act with responsibility and care…guided by human rights education to make informed choices in life, to approach situations with critical and independent thought, and to empathize with other points of view.” Education is an important part of transitional justice and calls for new ideas about what and how we teach young people. If the goal is to use...

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    Lebanon Edges Closer Toward Truth for Families of the Missing and Disappeared
    07.06.18
    Nour El Bejjani Noureddine, ICTJ

    Life continues to stand still for the many families of the missing and disappeared in Lebanon who have been desperately trying to uncover the fate of their loved ones and who are holding out hope of seeing them someday. The Lebanese War ended 28 years ago, but for these families the war rages on. During Lebanon’s 15-year civil war, thousands of people went missing or were disappeared without a trace or explanation. Their families have never stopped waiting for answers, answers they fear will never come. The Lebanese government has failed to adequately address the issue of the missing...

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    Opinion : in Nepal, impunity for perpetrators
    30.05.18
    Ram Kumar Bhandari

    On the Republican day on 29 May 2018, government released a criminally convicted former parliamentarian and ex-Maoist leader Balkrishna Dhungel from jail, who was arrested by Supreme Court order in October 2017 and other 815 convicted persons across the country. Former lawmaker Dhungel was recommended for pardon by the cabinet, which said that he had served 40 percent of his sentence, and fulfilled the criteria for presidential pardon as per the article (276) of the constitution. Upon release on the Republican day in the capital, Dhungel slammed rights activists and lawyers who...

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    The challenges of reintegrating child soldiers in South Sudan
    23.05.18
    Eden Matiyas

     One of the most troubling trends of the armed conflict in South Sudan is the use of children as soldiers. South Sudan is among the ten countries with the highest number of child soldiers in the world. Yet political efforts to disarm, demobilize and reintegrate these child soldiers have been limited and challenging. Since independence in 2011, South Sudan has experienced numerous violent struggles. And according to the United Nations, ever since the eruption of the civil war in 2013, both military and opposing armed groups in the conflict have recruited about 19,000 children as...

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    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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