UN Security Counciland Transitional Justice

The UN Security Council and Transitional Justice Dr Rebecca Brubaker Case Studies Authors Dr Rebecca Brubaker Cale Salih Dr Adam Day Professor Phil Clark Dr Nicola Palmer Dr Robyn Gill-Leslie Dr Rebecca Brubaker Dr Rebecca Brubaker is Senior Policy Adviser at United Nations University Centre for Policy Research. Case Studies by: Dr. Rebecca Brubaker, Cale Salih, Dr Adam Day, Professor Phil Clark, Dr Nicola Palmer, and Dr Robyn Gill-Leslie This research was mandated and funded by the Federal Department of Foreign Affairs of Switzerland and advised by the Office of the High Commissioner for Human Rights (OHCHR). The views and opinions expressed in this publication are those of the authors and do not necessarily reflect the official policy or position of the Swiss Confederation or OHCHR. A debt of thanks is owed to Priscilla Hayner, Sebastiaan Verelst, Julia Raue, the team at Security Council Report, the Swiss Taskforce Dealing with the Past and Prevention of Atrocities, and the participants in a July 2020 expert workshop for their insightful comments on the issues covered in this report. Additional thanks to Luise Quaritsch for her research support. The case studies in this report were completed in August 2020. ISBN: 978-92-808-6527-1 © United Nations University, 2021. All content (text, visualizations, graphics), except where otherwise specified or attributed, is published under a Creative Commons Attribution- Noncommercial-Share Alike IGO license (CC BY-NC-SA 3.0 IGO). Using, re-posting and citing this content is allowed without prior permission. Citation: Dr Rebecca Brubaker (ed.), The UN Security Council and Transitional Justice (New York: United Nations University, 2021). Cover photo: UN Photo/Eric Kanalstein Back cover photo: UN Photo/Marie Frechon Contents The UN Security Council and Transitional Justice: A Preliminary Look �� 1 Introduction I� Introduction to Transitional Justice II� Transitional Justice and the UN System III� The Security Council and Transitional Justice IV� Case Research Examining Security Council Impact on the Ground V� Overarching Takeaways References Case Study 1: The UN Security Council and Transitional Justice: Afghanistan �� 29 Introduction I. Overview of the Council’s Approach to Transitional Justice in Afghanistan II� Impact of Council Resolutions on Transitional Justice in Afghanistan III� Accountability/Reconciliation IV� Key Takeaways References Case Study 2: The UN Security Council and Transitional Justice: Colombia �� 51 Introduction I� Context II. Overview of the Security Council’s Approach and Actions III� Impact IV� Key Takeaways References Case Study 3: The UN Security Council and Transitional Justice: The Democratic Republic of the Congo �� 73 Introduction I. Evolution of the Security Council’s Goals, Tools and Implementation of Transitional Justice II. Analysing the Security Council’s Impact on Transitional Justice III� Key Takeaways References Case Study 4: The UN Security Council and Transitional Justice: Rwanda �� 99 Introduction I� Early Impact of the Security Council in Responding to the Rwandan Genocide II� The Role of the Security Council in Concurrent International and Domestic Criminal Trials III� Connecting the Security Council with Localized Transitional Justice IV� The Role of the Security Council in Fostering Domestic Capacity and Transnational Accountability V� Key Takeaways References Case Study 5: The UN Security Council and Transitional Justice: South Sudan �� 123 Introduction I. The Council’s Goals and Approach in South Sudan II. UNMISS’ Mandate Implementation III. UNMISS’ Contribution to Transitional Justice in South Sudan IV� Key Takeaways References The UN Security Council and Transitional Justice: A Preliminary Look by Dr Rebecca Brubaker Dr Rebecca Brubaker is Senior Policy Adviser at United Nations University Centre for Policy Research. Contents Introduction �� 3 I� Introduction to Transitional Justice �� 4 Brief Introduction to the Field Four Components of Transitional Justice The Emphasis on a Holistic, Integrated Approach II� Transitional Justice and the UN System �� 8 III� The Security Council and Transitional Justice �� 10 IV� Case Research Examining Security Council Impact on the Ground �� 12 Case Selection and Summaries Initial Findings The Council’s Comparative Advantage The Council’s Absence Conditions Inhibiting Impact Across the Five Cases Conditions Enabling Impact Across the Five Cases V� Overarching Takeaways �� 21 For UN Security Council Members For the UN Secretariat For Transitional Justice Advocates at the Local, National and International Levels References �� 25 © UN Photo/Tobin Jones © UN Photo/Tobin Introduction he United Nations (UN) Security Council This cross-cutting paper is divided into five parts. is an insufficiently understood source The first part offers an overview of the concept T of support for transitional justice of transitional justice and its core components interventions on the ground. In the best-case and then situates transitional justice concepts scenarios, the Council has assisted national in the broader practice of international law. The and local endeavours by amplifying the voices second section provides a brief introduction to of domestic stakeholders, exerting pressure transitional justice and the UN system, examining over recalcitrant actors, guarding the integrity of the primary entities charged with supporting its existing peace agreements from internal attacks, implementation. The third section zooms in on leveraging resources, and mandating supportive one particular and, as of yet, understudied UN mechanisms. In other cases, the Security entity with regards to transitional justice – the Council’s support has backfired, frustrating Security Council. Drawing on recent work, it national efforts or eroding local capacity. Given briefly touches on how the Council’s approach these contrasting outcomes, this report seeks to transitional justice has evolved over the last to provide a preliminary look, across five case three decades and the various debates within studies, at the conditions under which support the Council on transitional justice’s relation from the Security Council – as one of many actors to the Council’s broader work. The fourth in the UN’s transitional justice architecture – can section, as the core of the report, looks at the positively impact transitional justice efforts on impact of Security Council strategy and actions the ground. on transitional justice efforts on the ground. Drawing from the case studies in this report, it This report is written for a general audience, describes the mechanisms used, the challenges though should also be of interest to transitional faced, and the factors that facilitated impact in justice specialists and those interested in these cases. The paper concludes with a number the role of the Security Council. This was a of recommendations for the Security Council, the deliberate choice given a general finding through Secretariat, and transitional justice advocates the research that outside the community of as they think through whether, when and how transitional justice theorists and practitioners, to engage Council members on these issues too little is known about this field. Diverging going forward. understandings of the definition and scope of transitional justice permeate both the chamber The paper is designed as a preliminary look at of the Security Council as well as key corridors of the issue of impact with the goal of sparking the UN Secretariat and the broader UN system.1 discussion and further research. The report To this end, it was thought useful to frame the and the adjoining case studies – which were findings from this exploratory project as part of completed in August 2020 – are a first attempt a broader discussion on transitional justice, to at identifying issues that deserve further help foster greater understanding and a more deliberation. coherent, coordinated approach within the UN system. Introduction 3 © UN Photo/JC McIlwaine I Introduction to Transitional Justice Brief Introduction to the Field contrast to the 1980s, are increasingly considered in the context of exits from widespread, The field of transitional justice emerged out of devastating armed conflict. The goal of these a realization that purely judicial and punitive interventions is to not only ‘deal with the past,’ mechanisms – through courts and trials – but also to lay the foundation for preventing were insufficient for addressing instances of such devastating returns to conflict in the widespread violations of rights following violent future. Importantly, these more recent contexts or particularly disruptive societal transitions. involve weaker institutions, perpetrators other A main impetus of the new approach was to than the State, and severely diminished capacity prevent recurrent cycles of violence and build and often bandwidth amongst those charged more socially rooted transitions away from with or responsible for seeing such changes widespread crimes. Broadly, transitional justice through on the ground.4 Since the mid-2000s,

Load more