i n s t i t u t e f o r i n t e g r at e d t r a n s i t i o n s The Limits of Punishment Transitional Justice and Violent Extremism May, 2018 United Nations University – Centre for Policy Research The UNU Centre for Policy Research (UNU-CPR) is a UN-focused think tank based at UNU Centre in Tokyo. UNU-CPR’s mission is to generate policy research that informs major UN policy processes in the fields of peace and security, humanitarian affairs, and global development. i n s t i t u t e f o r i n t e g r at e d t r a n s i t i o n s Institute for Integrated Transitions IFIT’s aim is to help fragile and conflict-affected states achieve more sustainable transitions out of war or authoritarianism by serving as an independent expert resource for locally-led efforts to improve political, economic, social and security conditions. IFIT seeks to transform current practice away from fragmented interventions and toward more integrated solutions that strengthen peace, democracy and human rights in countries attempting to break cycles of conflict or repression. Cover image nigeria. 2017. Maiduguri. After being screened for association with Boko Haram and held in military custody, this child was released into a transit center and the care of the government and Unicef. © Paolo Pellegrin/Magnum Photos. This material has been supported by UK aid from the UK government; the views expressed are those of the authors. © 2018 United Nations University. All Rights Reserved. ISBN: 978-92-808-9041-9 Table of Contents About the Project Team..................................... 4 Acknowledgements ........................................ 6 Introduction to the Project .................................. 7 Framework Paper ......................................... 12 Iraq Case Study ........................................... 44 Nigeria Case Study ........................................ 83 Somalia Case Study ........................................ 126 About the Project Team Vanda Felbab-Brown: Dr. Vanda Felbab-Brown is the author of the Nigeria and Somalia case studies for The Limits of Punishment project. She is a senior fellow in the Foreign Policy program at the Brookings Institution in Washington, DC. She is an expert on international and internal conflicts and nontraditional security threats, including insurgency, organized crime, urban violence, and illicit economies. Her fieldwork and research have covered, among others, Afghanistan, South and Southeast Asia, the Andean region, Mexico, Morocco, and Eastern and Western Africa. Dr. Felbab-Brown is the author of The Extinction Market: Wildlife Trafficking and How to Counter It (Hurst-Oxford 2017); Narco Noir: Mexico’s Cartels, Cops, and Corrup- tion (Brookings Institution Press, 2019, forthcoming); Aspiration and Ambivalence: Strategies and Realities of Counterinsurgency and State-Building in Afghanistan (Brookings Institution Press, 2012) and Shooting Up: Counterinsurgency and the War on Drugs (Brookings Institution Press, 2010) and co-author with Harold Trinkunas and Shadi Hamid of Militants, Criminals, and Warlords: The Challenge of Local Governance in an Age of Disorder (Brookings Institution Press, 2017). A frequent commentator in US and international media, she is also the author of numerous policy reports, academic articles, and opinion pieces and regularly provides US congressional testimony. Mark Freeman: Mark Freeman is the founder and Executive Director of the Institute for Integrated Transitions (IFIT). Over the last two decades, he has supported and advised social, political and busi- ness leaders in over 25 countries. Before founding IFIT, Mark served as Chief of External Relations at the International Crisis Group and as a lecturer-in-law at KU Leuven. Prior to that, he helped launch and direct the International Center for Transitional Justice, in New York and Brussels. Mark holds a B.A. from McGill University, a J.D. from the University of Ottawa Faculty of Law, and an LL.M from Columbia Law School where he was a Human Rights Fellow and James Kent Scholar. He is the author of Necessary Evils: Amnesties and the Search for Justice (Cambridge UP, 2010) and Truth Com- missions and Procedural Fairness (Cambridge UP, 2006), which received the American Society of International Law’s highest award. Currently he is co-authoring a new book, Negotiating Transitional Justice (Cambridge UP, forthcoming 2019), which draws on the years he worked as adviser inside the Havana peace talks between the Colombian government and FARC-EP. Siobhan O’Neil: Siobhan O’Neil is a Project Advisor for The Limits of Punishment project. She joined the United Nations University Office in New York as Disarmament, Demobilization, and Reintegration Project Manager in February 2015. Prior to joining UNU, Ms O’Neil was a consultant at the UN Mine Action Service (UNAMS), providing strategic guidance and programme support for key mine action programmes in Mali and Palestine. Ms O’Neil has experience in both the security and intelligence fields: In the wake of the 11 September 2001 attacks, she worked for the newly created state homeland security agencies in New York and New Jersey, helping state and local governments build their capacity to detect, prevent, and recover from terrorist attacks. She later served as the analyst for domestic security and intelligence at the Congressional Research Service, identifying emerging threats and evaluating possible policy responses for Congress. During the course of her doctoral studies, Ms O’Neil worked as a research analyst at the RAND Corporation on projects pertaining to counterinsurgency transitions, insurgent motivations, and civil-military coordination during domestic chemical, biological, radiological, nuclear, and explosive attacks. Mara Revkin: Mara Revkin is the author of the Iraq case study for The Limits of Punishment project. Mara is a Ph.D. Candidate in Political Science at Yale University and an Islamic Law & Civili- zation Research Fellow at Yale Law School, from which she received her J.D. Her research examines The Limits of Punishment: Introduction to the Project | 5 state-building, lawmaking, and governance by armed groups with a current focus on the case of the Islamic State. During the 2017-2018 academic year, she will be collecting data for her dissertation in Turkey and Iraq supported by the US Institute for Peace as a Jennings Randolph Peace Scholar. Mara is a member of the New York State Bar Association and is also working on research projects concerning the legal status of civilians who have lived in areas controlled and governed by terrorist groups. She is currently the lead researcher on Syria for United Nations University’s forthcoming study on Children in Extreme Violence. Her academic work has been published in the Annual Review of Law and Social Science, the Oxford Handbook of Islamic Law, and the UCLA Journal of Near Eastern and Islamic Law, among others. Before graduate school, she was a Junior Fellow at the Carnegie Endowment for International Peace (Middle East Program) and a Fulbright Fellow in Jordan and Oman. She holds a B.A. in Political Science and Arabic from Swarthmore College. Cale Salih: Cale Salih is the Project Lead for The Limits of Punishment project. She is a Research Officer with the UNU Centre for Policy Research focusing on the changing nature of conflict. Prior to joining UNU, she was a Project Manager at the Institute for Integrated Transitions in Barcelona, focusing on post-conflict and post-authoritarian transitions in fragile and conflict-affected states. She has also held a number of research positions focused on the Middle East, including with the International Crisis Group, the European Council on Foreign Relations, and Integrity. In addition, she has worked for media outlets including Al-Monitor and The Atlantic, and has published op-eds in, among others, The New York Times, Foreign Affairs, and The Guardian. She holds a Masters of Studies in International Human Rights Law from Oxford University and an undergraduate degree (A.B.) from Princeton University’s Woodrow Wilson School of Public and International Affairs. Ronald Slye: Ronald Slye is a Professor of Law at the Seattle University School of Law. He has provided advice to numerous countries in their efforts to address a legacy of gross violations of human rights, including Tunisia, Colombia, Burundi, South Africa, and Uganda. He is a legal advisor and board member of the Documentation Center of Cambodia, which has addressed the legacy of the atrocities committed by the Khmer Rouge. From 2009 to 2013, Professor Slye served as one of three international commissioners (and the only commissioner not from Africa) on the Kenyan Truth Justice and Reconciliation Commission. He is the author of the forthcoming book, The Kenyan TJRC: An Outsider’s View from the Inside (Cambridge University Press), and is co-author of a best-selling casebook in the United States, International Criminal Law and Its Enforcement (Foundation Press). Professor Slye received his B.A. from Columbia University, his M.Phil in International Relations from the University of Cambridge, and his J.D. from the Yale Law School. Adam Day: Adam Day is a Project Adviser for The Limits of Punishment project. Adam joined as Senior Policy Adviser in the UNU Centre for Policy Research in January 2017. Prior to UNU, he served for a decade in the UN, focused on peace operations, political engagement in conflict settings, mediation and protection of civilians. Prior to the UN, Mr Day worked in Human Rights Watch’s Justice Program, for the Open Society Justice Initiative in Cambodia, and supported the International Criminal Tribunal for the former Yugoslavia. An attorney and former member of the New York Bar Association, Mr Day was an international litigator in New York, where he also worked pro bono for the Center for Constitutional Rights on behalf of Guantanamo detainees in their suits against former US officials for torture. Mr Day holds a Juris Doctorate from UC Berkeley School of Law, a Masters in Law and Diplomacy from the Fletcher School of Law and Diplomacy, and a Masters in Comparative Literature from Brown University.