Truth and Reconciliation Processes – Lessons for Zimbabwe?
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Negotiating Peace in Sierra Leone: Confronting the Justice Challenge
Centre for Humanitarian Dialogue rDecembeerp 2007 ort Negotiating peace in Sierra Leone: Confronting the justice challenge Priscilla Hayner Report The Centre for Humanitarian Dialogue is an independent and impartial foundation, Contents based in Geneva, that promotes and facilitates 1. Introduction and overview 5 dialogue to resolve armed conflicts and reduce civilian suffering. 2. Background to the 1999 talks 8 114, rue de lausanne 3. Participation in the Lomé talks: April–July 1999 10 ch-1202 geneva 4. Amnesty in the Lomé process and Accord 12 switzerland The context 12 [email protected] t: + 41 22 908 11 30 Rapid agreement on a blanket amnesty 13 f: +41 22 908 11 40 A second look at the amnesty: was it unavoidable? 16 www.hdcentre.org The amnesty and the UN and other international participants 17 © Copyright 5. Other justice issues at Lomé 19 Henry Dunant Centre for Humanitarian Dialogue, 2007 A Truth and Reconciliation Commission 19 Reproduction of all or Provisions for reparations 20 part of this publication The security forces and demobilisation of combatants 20 may be authorised only Reaching an agreement on power-sharing 21 with written consent and acknowledgement of the 6. After the agreement: a difficult peace 22 source. Slow implementation and near collapse of the accord 23 The International Center The Special Court for Sierra Leone 25 for Transitional Justice Implementing the Truth and Reconciliation Commission 26 assists countries pursuing Judicial reform efforts 28 accountability for past mass Creation of a new Human Rights Commission 28 atrocity or human rights abuse. It assists in the development Demobilisation, and reform of the armed forces and police 29 of integrated, comprehensive, and localized approaches to 7. -
Closing the Gap: Symbolic Reparations and Armed Groups
Volume 93 Number 883 September 2011 Closing the gap: symbolic reparations and armed groups Ron Dudai* Ron Dudai is a PhD candidate at the Institute of Criminology and Criminal Justice, Queen’s University Belfast, and associate editor of the Journal of Human Rights Practice. He previously worked at B’Tselem and at Amnesty International. Abstract The question of whether non-state armed groups could and should provide reparations to their victims has been largely overlooked. This article explores this gap, with a particular focus on symbolic reparations, such as acknowledgement of the truth and apologies. It argues that, while the question is fraught with legal, conceptual, and practical difficulties, there are some circumstances in which armed groups are capable of providing measures of reparations to their victims. The article identifies the issue of attacks on informers as one potential area for armed groups to provide such measures, and demonstrates that in a few cases armed groups have already engaged in actions that could be seen as analogous to symbolic reparations. The article’s main case study is provided by recent actions by the Irish Republican Army (IRA) in relation to its past attacks against suspected informers. While non-state actors have been involved in violence throughout history, the influence of armed groups has been rising exponentially in the last two decades. Armed groups are present in virtually all major areas of violence: for example, Iraq, Afghanistan, Somalia, Pakistan, Lebanon, Gaza, Colombia, Côte d’Ivoire, Nigeria, the Democratic Republic of Congo (DRC), Chechnya, the fragmented set of * The author would like to thank Avner Gidron, Kieran McEvoy, and Tomaso Falchetta for helpful comments on earlier drafts of this article. -
The Search for Post-Conflict Justice in Iraq: a Comparative Study of Transitional Justice Mechanisms and Their Applicability to Post-Saddam Iraq, 33 Brook
Brooklyn Journal of International Law Volume 33 | Issue 1 Article 2 2007 The eS arch for Post-Conflict Justice in Iraq: A Comparative Study of Transitional Justice Mechanisms and Their Applicability to Post- Saddam Iraq Dana M. Hollywood Follow this and additional works at: https://brooklynworks.brooklaw.edu/bjil Recommended Citation Dana M. Hollywood, The Search for Post-Conflict Justice in Iraq: A Comparative Study of Transitional Justice Mechanisms and Their Applicability to Post-Saddam Iraq, 33 Brook. J. Int'l L. (2007). Available at: https://brooklynworks.brooklaw.edu/bjil/vol33/iss1/2 This Article is brought to you for free and open access by the Law Journals at BrooklynWorks. It has been accepted for inclusion in Brooklyn Journal of International Law by an authorized editor of BrooklynWorks. THE SEARCH FOR POST-CONFLICT JUSTICE IN IRAQ: A COMPARATIVE STUDY OF TRANSITIONAL JUSTICE MECHANISMS AND THEIR APPLICABILITY TO POST- SADDAM IRAQ Dana Michael Hollywood* INTRODUCTION .......................................................................................60 I. TRANSITIONAL JUSTICE .......................................................................63 A. Conceptual Overview .....................................................................63 B. Retributive v. Restorative Justice ...................................................67 C. Truth v. Justice...............................................................................69 1. Truth: A Right to Disclosure?.....................................................70 a. Is -
Truth Commissions and Reparations: a Framework for Post- Conflict Justice in Argentina, Chile Guatemala, and Peru
University of Pennsylvania ScholarlyCommons Honors Theses (PPE) Philosophy, Politics and Economics 5-2021 Truth Commissions and Reparations: A Framework for Post- Conflict Justice in Argentina, Chile Guatemala, and Peru Anthony Chen Student Follow this and additional works at: https://repository.upenn.edu/ppe_honors Part of the Comparative and Foreign Law Commons, Comparative Politics Commons, Human Rights Law Commons, International Law Commons, International Relations Commons, Latin American History Commons, Latin American Studies Commons, Law and Philosophy Commons, Law and Politics Commons, Models and Methods Commons, Other Political Science Commons, Political History Commons, and the Political Theory Commons Chen, Anthony, "Truth Commissions and Reparations: A Framework for Post-Conflict Justice in Argentina, Chile Guatemala, and Peru" (2021). Honors Theses (PPE). Paper 43. This paper is posted at ScholarlyCommons. https://repository.upenn.edu/ppe_honors/43 For more information, please contact [email protected]. Truth Commissions and Reparations: A Framework for Post-Conflict Justice in Argentina, Chile Guatemala, and Peru Abstract This paper seeks to gauge the effectiveness of truth commissions and their links to creating material reparations programs through two central questions. First, are truth commissions an effective way to achieve justice after periods of conflict marked by mass or systemic human rights abuses by the government or guerilla groups? Second, do truth commissions provide a pathway to material reparations programs for victims of these abuses? It will outline the conceptual basis behind truth commissions, material reparations, and transitional justice. It will then engage in case studies and a comparative analysis of truth commissions and material reparations programs in four countries: Argentina, Chile, Guatemala, and Peru. -
Legacies of Silence: the Role of Civil Society in Truth-Telling, Memory and Reconciliation
Legacies of Silence: The Role of Civil Society in Truth-telling, Memory and Reconciliation May 2015 Legacies of Silence: The Role of Civil Society in Truth-telling, Memory and Reconciliation Legacies of Silence: The Role of Civil Society in Truth-telling, Memory and Reconciliation May 2015 2 Legacies of Silence: The Role of Civil Society in Truth-telling, Memory and Reconciliation Published by Democratic Progress Institute 11 Guilford Street London WC1N 1DH United Kingdom www.democraticprogress.org [email protected] +44 (0)203 206 9939 First published, 2014 ISBN: 978-0-9930751-5-5 © DPI – Democratic Progress Institute, 2015 DPI – Democratic Progress Institute is a charity registered in England and Wales. Registered Charity No. 1037236. Registered Company No. 2922108. Tis publication is copyright, but may be reproduced by any method without fee or prior permission for teaching purposes, but not for resale. For copying in any other circumstances, prior written permission must be obtained from the publisher, and a fee may be payable.be obtained from the publisher, and a fee may be payable 3 Legacies of Silence: The Role of Civil Society in Truth-telling, Memory and Reconciliation Contents Abstract ......................................................................................6 Introduction ...............................................................................8 Truth Commissions ..................................................................10 Defnition .............................................................................10 -
Comprehensive System of Truth Justice Reparation and Non-Repetition (Sivjrnr) What Is the Sivjrnr?
COMPREHENSIVE SYSTEM OF TRUTH JUSTICE REPARATION AND NON-REPETITION (SIVJRNR) WHAT IS THE SIVJRNR? • It is a set of mechanisms to guarantee the rights of victims to truth, justice, reparation and non-repetition, as stipulated in the Agreement for the Ter- mination of the Conflict and the Construction of a Stable and Lasting Peace, signed between the National Government of Colombia and the FARC. • The System is comprised of the Truth, Coexistence and Non-Repetition Commission; the Special Jurisdiction for Peace ( JEP); and the Unit for the Search for Persons Presumed Disappeared in the context and by rea- son of the armed conflict (UBPD); as well as of comprehensive reparation measures for peacebuilding and guarantees of non-repetition. • The SIVJRNR was incorporated in the Political Constitution of Co- lombia through the Legislative Act 01 of 2017. Each of its components has its own regulatory framework. • The System emphasizes the implementation of restorative and remedi- al measures for shedding light on the truth about the armed conflict and fostering the transformation of the factors that had a bearing on it as the foundations of a peaceful and dignified coexistence for the victims. • Its main characteristics are the centrality of the victims and the inte- grality reflected by the coexistence of autonomous extrajudicial and judi- cial mechanisms based on the rights of victims and the relations of con- ditionality and incentives for those who appear as parties responsible for serious human rights violations, war crimes and crimes against humanity committed in the context of the armed conflict. Fotografía de portada: Isabel Valdés para la JEP - 2019 • No component of the System takes precedence over the others, and WHO PARTICIPATES IN THE COMPREHENSIVE SYSTEM? each mechanism performs its functions without duplicating the others’ functions, for which there are collaboration protocols and an Interinsti- • All victims of the armed conflict: tutional Coordination Committee. -
Ghana's National Reconciliation Commission and Its Relationship with the Courts,” Criminal Law Forum 15, 2004, at 125-134
OCCASIONAL PAPER SERIES Ghana’s National Reconciliation Commission: A Comparative Assessment Written by By Nahla Valji for the International Center for Transitional Justice September 2006 About the ICTJ The International Center for Transitional Justice (ICTJ) assists countries pursuing accountability for past mass atrocity or human rights abuse. The Center works in societies emerging from repressive rule or armed conflict, as well as in established democracies where historical injustices or systemic abuse remain unresolved. In order to promote justice, peace, and reconciliation, government officials and nongovernmental advocates are likely to consider a variety of transitional justice approaches including both judicial and nonjudicial responses to human rights crimes. The ICTJ assists in the development of integrated, comprehensive, and localized approaches to transitional justice comprising five key elements: prosecuting perpetrators, documenting and acknowledging violations through nonjudicial means such as truth commissions, reforming abusive institutions, providing reparations to victims, and facilitating reconciliation processes. The Center is committed to building local capacity and generally strengthening the emerging field of transitional justice, and works closely with organizations and experts around the world to do so. By working in the field through local languages, the ICTJ provides comparative information, legal and policy analysis, documentation, and strategic research to justice and truth-seeking institutions, nongovernmental organizations, governments and others. About CSVR The Centre for the Study of Violence and Reconciliation (CSVR) is an independent non- governmental organization based in South Africa whose mission is to develop and implement innovative and integrated human security interventions based upon a commitment to social justice and fundamental rights for people who are vulnerable or excluded. -
Unspeakable Truths: Transitional Justice and the Challenge of Truth
Praise for the Previous Edition “At last Priscilla Hayner has come along, supplying the first detailed survey of national and individual experiences with truth commissions. Hayner offers a stirring, trenchant, and nuanced account of the complex range of issues faced by those attempting to move forward while also looking backward…. Hayner writes about unspeakable truths, and herself is not afraid to utter them, as she challenges some of our core assumptions about truth, forgiveness, justice and healing.”—Samantha Power, author of A Problem from Hell: America and the Age of Genocide “Priscilla Hayner has written a curiously ambitious book. It is part history, part policy analysis, part field guide and handbook. What is even more unusual is that it succeeds famously on all scores. This is quite simply a tour de force, as useful in the field as around the negotiating table and as helpful in the boardroom as in the classroom.” —Patrick G. Coy, Kent State University “Hayner writes in an accessible, straightforward style that is at once comprehensive, compassionate, and utterly candid. She challenges many widely held assumptions about the ends and means of truth commissions. She points to the tendency to expect more from them than they could ever possibly deliver.” —Christian Science Monitor “As she explores the inner workings of these commissions, Hayner uncovers heart- wrenching stories about the pain, as well as the enormous power, of bringing past atrocity to light. For those concerned with the fate of democracy and freedom on the international stage, Unspeakable Truths is essential reading.” —Trial.org “ . offers essential insight into how truth commissions might serve human rights and justice.” —Richard Goldstone, in The American Prospect “ . -
Dealing with the Past in Northern Ireland
Fordham International Law Journal Volume 26, Issue 4 2002 Article 9 Dealing With the Past in Northern Ireland Christine Bell∗ ∗ Copyright c 2002 by the authors. Fordham International Law Journal is produced by The Berke- ley Electronic Press (bepress). http://ir.lawnet.fordham.edu/ilj Dealing With the Past in Northern Ireland Christine Bell Abstract This Article “audits” Northern Ireland’s discrete mechanisms for dealing with the past, with a view to exploring the wider transitional justice debates. An assessment of what has been done so far is vital to considering what the goals of addressing the past might be, what future developments are useful or required, and what kind of mechanisms might successfully be employed in achieving those goals. DEALING WITH THE PAST IN NORTHERN IRELAND Christine Bell* INTRODUCTION The term "transitional justice" has increasingly been used to consider how governments in countries emerging from deeply rooted conflict address the legacy of past human rights viola- tions.' While the term has a pedigree dating back to the Nuremburg Tribunals, three contemporary factors have reinvig- orated interest.2 The first factor is the prevalence of negotiated agreements as the preferred way of resolving internal conflicts. Premised on some degree of compromise between those who were engaged militarily in the conflict, these compromises affect whether and how the past is dealt with. As Huyse notes, the wid- est scope for prosecutions arises in the case of an overthrow or "victory" where virtually no political limits on retributive punish- * Professor Bell is the Chair in Public International Law, Transitional Justice Insti- tute, School of Law, University of Ulster, and a former member of the Northern Ireland Human Rights Commission. -
Truth Commissions
FOCUS: TRUTH COMMISSIONS Truth Commissions More than 30 countries have created truth commissions to investigate and report on human rights abuses. These commissions of inquiry help seek recognition for victims and promote possibilities for peace, reconciliation and democracy. WHAT ARE TRUTH COMMISSIONS? Truth commissions are nonjudicial, independent panels of inquiry typically set up to establish the facts and context of serious violations of human rights or of international humanitarian law in a country’s past. The commissions’ members are usually empowered to conduct research, support victims and propose policy recommendations to prevent recurrence of crimes. Through their investigations, the commissions may aim to discover and learn more about past abuses, or formally acknowledge them. They may aim to prepare the way for prosecutions and recommend institutional reforms. Most commissions focus on victims’ needs as a path toward reconciliation and reducing conflict over the past. Truth commissions have been established on every populated continent in efforts to address mass crimes, consolidate the rule of law and promote reconciliation. The South African Truth and Reconciliation Commission is the most famous example. That commission is the only one that has granted amnesties to perpetrators who disclose their crimes. GUIDING PRINCIPLES Although truth commissions greatly differ in their powers and results, the experiences of some 30 commissions offer these guiding principles: Independence: Since truth commissions are created in special circumstances, their success depends on their credibility and transparency, which depend in turn on the public’s perception that a commission is independent from undue governmental or societal pressure. A truth commission must have full autonomy to control its resources, conduct its investigation, build alliances and propose policy. -
Truth Commissions: Distraction Tool Or Key to Democratization and Reconciliation?
Marko Krtolica TRUTH COMMISSIONS: DISTRACTION TOOL OR KEY TO DEMOCRATIZATION AND RECONCILIATION? Abstract……………….………….…..….……….........1 IV. The effects of the truth commissions in the I. Introduction…………….……….…....………..2 process of facing the problematic past .............8 II. Defining the term truth commission .............2 V. Conclusion……………………………….…...11 III. Dilemmas and challenges in the creation of a truth commission ……………………………...4 Abstract In the last 30 years, the concept of transitional justice has been experiencing greater use and popularity. Facing the problematic past is inevitable when a country's past is full of major and massive human rights violations, no matter whether they come from a repressive regime or a violent conflict. In this regard, one of the most widely used and at the same time, one of the most popular mechanisms of transitional justice are the truth commissions. Entering transitional justice practice modestly during the 80-s of XX - century, today the truth commissions represent one of the most popular mechanisms for dealing with problematic past. In the last 25 years, the world has witnessed the existence of more than 30 truth commissions. The experience with all of them shows us that every truth commission is unique in terms of its powers, mandate, and structure. However, regardless of the non-existence of a fixed model of a truth commission, for many authors, there is a consensus on their role in the process of facing the problematic past. The truth commissions, regardless of their structure, power and mandate, are a mechanism that investigates, establishes and publicly acknowledges the truth, assists in the moral condemnation of committed crimes, meets the needs of victims, assists in the reconciliation process and offers a platform for political and institutional reforms, which has a positive effect on the process of facing the problematic past. -
Transitional Justice and Post-Conflict Israel/Palestine: Assessing the Applicability of the Truth Commission Paradigm, 38 Case W
Case Western Reserve Journal of International Law Volume 38 Issue 2 2006-2007 2007 Transitional Justice and Post-Conflict Israel/ Palestine: Assessing the Applicability of the Truth Commission Paradigm Ariel Meyerstein Follow this and additional works at: https://scholarlycommons.law.case.edu/jil Part of the International Law Commons Recommended Citation Ariel Meyerstein, Transitional Justice and Post-Conflict Israel/Palestine: Assessing the Applicability of the Truth Commission Paradigm, 38 Case W. Res. J. Int'l L. 281 (2007) Available at: https://scholarlycommons.law.case.edu/jil/vol38/iss2/5 This Article is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Case Western Reserve Journal of International Law by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. TRANSITIONAL JUSTICE AND POST-CONFLICT ISRAEL/PALESTINE: ASSESSING THE APPLICABILITY OF THE TRUTH COMMISSION PARADIGM Ariel Meyerstein * Redemption lies in remembering. The Baal Shem Tov I. INTRODU CTION .....................................................................................282 II. UNDERSTANDING THE REALITY OF INTERCONNECTIVITY ...................285 A. Interconnectivity and the "Peace& ProsperityParadigm .........285 B. The CurrentMoment: Paralysis.................................................... 291 C. The Conflict Culture, Victim Ideologies, and the Needfor Critical H istory ..............................................................................297