Module 4 Dealing with violations 4

Why is dealing with violations important? In what ways can violations be addressed?

23 Exploring Humanitarian Law EHL EDUCATION MODULES FOR YOUNG PEOPLE International Committee of the Red Cross 19, avenue de la Paix 1202 Geneva, Switzerland T +41 22 734 60 01 F +41 22 733 20 57 E-mail: [email protected] www.ehl.icrc.org © ICRC, January 2009 Module 4 Dealing with violations 4

EXPLORATIONS (7 sessions)

4A Rationales and options for dealing with IHL violations (two sessions) 4

4B Judicial options (three sessions) 19

4C Non-judicial options (two sessions) 42

CONCEPTS

Implementation Module 4: Dealing with violations Enforcement Civilian/ combatant distinction Social pressure War crime

In all modules: Human dignity Obstacles to humanitarian behaviour Consequences Multiple perspectives Dilemmas

SKILLS PRACTISED Perspective taking Identifying consequences Legal reasoning

If you have limited time and are unable to work through all the explorations, we recommend that you follow at least the short pathway of explorations marked with this icon.

Exploring Humanitarian Law EHL MODULE 4: Dealing with violations 3 Exploration 4A: Rationales and options for dealing with IHL violations 4A

Module 3 took up the subject of violations of Exploration 4A first asks students to consider some international humanitarian law (IHL), and students reasons for dealing with violations of IHL. It then invites discovered why such violations occur. They learned about them to explore ways of doing this and touches upon the dilemmas that may arise in applying the law and the the responsibilities of the different actors involved. difficulties related to responsibilities, using a case study. Module 4 is designed to broaden students’ understanding of the ways in which IHL is implemented. It presents a number of ways of dealing with IHL violations, such as bringing perpetrators to trial, uncovering the truth, reconciliation and forms of reparation.

OBJECTIVES • to understand how dealing – or not dealing – with IHL violations can affect the well-being of a society after armed conflict Module 4: Dealing with violations • to recognize that there are a number of ways of dealing with IHL violations

STUDENT 4A RESOURCES 4A.1 Graphs: Opinions on what to do with people breaking the rules of war 4A.2 To forget or not to forget? Views on dealing with violations of IHL 4A.3 What is a war crime? 4A.4 Worksheet: Responsibilities for implementing IHL 4A.5 A look at societal silence after violations 4A.6 Is it too late?

PREPARATION Choose the question you will use for the writing assignment in step 1. In the Methodology Guide, review teaching methods 1 (Discussion), 7 (Writing and reflecting), 9 (Small groups) and 10 (Gathering stories and news). If possible, view the relevant chapter of the training film for teachers (Module 4).

TIME Two 45-minute sessions

Exploring Humanitarian Law EHL Exploration 4A: Rationales and options for dealing with IHL violations 4 The exploration 4A

1. WHAT SHOULD BE DONE WHEN THE LAW HAS BEEN BROKEN? (25 minutes) Begin a class discussion based on situations familiar to students. [For example: breaking ‘house rules’ or ‘rules of friendship’; flouting certain generally accepted moral principles]

Possible questions: > If you break a rule or misbehave, what should you do? Why? > What should happen to you? Why? Continue the discussion with examples of breaking the law.

Possible question: > What happens to people accused of committing a crime, such as stealing or murder? Use recent examples from local news. For every example, ask students to offer possible reasons for it. Module 4: Dealing with violations Expand the discussion to situations of armed conflict.

Possible questions: > What happens to people accused of violating IHL? > What are the similarities and differences between everyday crimes and breaking the rules of war? Select one of the two questions in the table below. Ask students to recall serious violations of IHL that they know of before choosing one of the answers listed. Tell them to write down the reasons for their choice.

Question 1: Question 2: Should people who break the rules of When the war is over, should people war be punished? who have broken the rules of war:

• yes • be put on trial? • no • be exposed to the public but not • don’t know put on trial? NOTE • be forgiven? ‘Amnesty’ is a • be granted amnesty? governmental decision • be forgotten about because the war barring the prosecution is over? of a particular group of persons for certain actions.

Discuss the question and the views expressed by students. Have them compare STUDENT their thoughts with the views expressed in the graph “Opinions on what to do 4A.1 RESOURCES with people breaking the rules of war.”

Possible question: > How might someone’s response be affected by the experience of living through armed conflict?

Exploring Humanitarian Law EHL Exploration 4A: Rationales and options for dealing with IHL violations 5 The exploration 4A

2. CONSEQUENCES OF FORGETTING OR ADDRESSING VIOLATIONS OF IHL (20 minutes)

Present “To forget or not to forget? Views on dealing with violations of IHL,” and STUDENT assign one of the four sets of quotations to pairs of students or to small groups. 4A.2 RESOURCES

Reconvene the class, and have students identify the reasons given in their set of History, despite its wrenching quotations for action and for inaction. pain, cannot be unlived, and Discuss these reasons. if faced with courage, need not be lived again. Possible questions: – Maya Angelou, American poet > What are some of the consequences of either choice for: • the victims? • the perpetrators? Module 4: Dealing with violations • the society as a whole in the aftermath of armed conflict? > How do you react when you feel that somebody has harmed you? Through class discussion, have students contribute ideas to record in the following table.

After violations of IHL, what are the effects:

on the victims? on the perpetrators? on the society?

of taking action

of doing nothing

3. TRYING AND PUNISHING WAR CRIMES (25 minutes) Discuss the following IHL rule:

All States must establish laws to try and to punish those who commit grave breaches of the Geneva Conventions. – Paraphrased from Article 49/50/128/146 common to the four Geneva Conventions

Possible question: > What would you consider to be a grave breach of IHL? Ask students to give examples from history and current events.

Exploring Humanitarian Law EHL Exploration 4A: Rationales and options for dealing with IHL violations 6 The exploration 4A

Then use “What is a war crime?” to give them a sense of the kinds of violations STUDENT that constitute war crimes. 4A.3 RESOURCES

Possible question: > Why do you think grave breaches of IHL qualify as war crimes? List students’ responses to this second question where all can see.

Using the worksheet “Responsibilities for implementing IHL,” have students write STUDENT down their ideas about what action can be taken after an armed conflict by: 4A.4 RESOURCES • commanders of armed forces or groups; • the government; • the courts. Module 4: Dealing with violations

Then discuss their ideas. Stress the importance of the responsibility of each of the above parties in bringing alleged perpetrators to court. • Commanders of armed forces or groups are responsible for monitoring the application of IHL and must stop violations; they must report all violations of the law and take disciplinary measures. They are also responsible for bringing to court martial persons under their authority who commit grave breaches. • The government is responsible for enacting national laws prohibiting and punishing grave breaches. It is ultimately responsible for searching for and NOTE prosecuting persons accused of committing grave breaches. It must also ensure In the EHL programme that its military commanders take action against those under their authority who the term ‘war crimes’ commit grave breaches. covers ‘grave breaches’ • The courts are responsible for trying and punishing persons who have committed and any other serious grave breaches. violations of IHL.

4. WHAT ELSE CAN BE DONE? (15 minutes) Point out that bringing people to trial is not the only way to deal with IHL violations. Use the following statement to inspire students to generate ideas about what else could be done after the end of a period of violence to try to bring closure for the victims and to facilitate the society’s return to peace.

In the six years prior to 1982 nearly 30,000 people ‘disappeared’ in what is often referred to as Argentina’s ‘Dirty War.’ On orders from their superiors, naval officers dumped ‘the disappeared’ – still alive after being tortured – from airplanes into the South Atlantic.

Make a list of their suggestions. [For example: attempts to bring about a reconciliation between the perpetrators and victims’ relatives, efforts to find the remains of the’ disappeared’ and to return them to their families, public apologies, financial compensation to relatives for their loss, establishing memorials]

Exploring Humanitarian Law EHL Exploration 4A: Rationales and options for dealing with IHL violations 7 The exploration 4A

Review and discuss their suggestions.

Possible questions: > Who do you think could initiate these efforts? [For example: the international community, the government, non-governmental organizations, relatives of the victims, concerned citizens] > Who do you think could carry them out? [For example: the international community, the government, the navy, the perpetrators, those who gave the orders] > What is the aim of these measures if not to punish the perpetrators? [For example: to bring relief to the relatives of the victims, to reconcile people, to heal wounds, to contribute to social reconstruction, to prevent future abuses, to move from violence to peace] Module 4: Dealing with violations 5. CLOSE (5 minutes) Discuss the following question: > After an armed conflict, what could ordinary citizens do to help bring justice and heal the wounds of war?

! KEY IDEAS • People who commit grave breaches of IHL must be tried and punished. • The responsibility for enforcing IHL lies primarily with governments, but others can play a significant role as well. • Bringing perpetrators to trial is not the only way to deal with violations of IHL.

Exploring Humanitarian Law EHL Exploration 4A: Rationales and options for dealing with IHL violations 8 Extension activities 4a

ECHOS OF SILENCE

Read “A look at societal silence after violations,” and then find an example of a STUDENT country that has chosen to forget past abuses. 4A.5 RESOURCES

Write an essay in response to these words of the human rights activist Aryeh Neier:

Peaceful coexistence seems much less likely if those who were victimized see no one called to account for their suffering.

Does the experience of the country that you chose support or refute Neier’s statement?

HISTORY Module 4: Dealing with violations Who, in your country’s history, has been accused of inhumane behaviour in armed conflict? What was done about it? What was the outcome?

IS IT TOO LATE?

Using the section titled “A public debate in France” in “Is it too late?”, prepare a STUDENT short essay in response to these questions: 4A.6 RESOURCES > After so much time has elapsed, what can be done about the violations in this situation? What would the purpose be? Then, from the “Voices” section of “Is it too late?” choose the quotation that best reflects your views on the subject.

Present your essay, and explain how your proposals would help prevent future violations, promote the healing process for the victims and benefit both France and Algeria. Compare your ideas with those of others.

Exploring Humanitarian Law EHL Exploration 4A: Rationales and options for dealing with IHL violations 9 Extension activities 4a

WHAT’S THE DIFFERENCE? Consider the following statements:

Once a civil war is over, one must forgive and forget. – Paul Thibaud, essayist Too much forgiving and forgetting stops the wound from healing. – Louis Joinet, magistrate and UN Special Rapporteur on impunity

Choose the point of view you wish to advocate, and prepare arguments in favour of it. Include your thoughts on the following questions in your presentation. > What does forgetting mean? > If not forgetting involves taking some action, what might such action entail? Module 4: Dealing with violations > What does forgiving mean? > What are the possible consequences of forgiving? Of not forgiving? > What does each man recommend? > How would their words apply to an example you have studied or know of?

Exploring Humanitarian Law EHL Exploration 4A: Rationales and options for dealing with IHL violations 10 STUDENT 4A.1 RESOURCE S.4a

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Exploring Humanitarian Law EHL Exploration 4A: Rationales and options for dealing with IHL violations 11 STUDENT 4A.2 RESOURCE S.4a SIERRA LEONE LEONE SIERRA (two foreigners’ points of view) points foreigners’ (two 1 Voice amnestyThe is just re-starting the cycle so crimes were (...) The of impunity. expect a simply can’t that we dreadful lasting peace. Human from – a researcher Watch Rights 2 Voice I’m Amnesty unacceptable. is totally But then I see the kids we disgusted. The feed and look after and I let it pass. know what they Leone people of Sierra than justice. rather now, – peace, want But an amnesty is a scandal. In a way, wise. perhaps it’s in a way – a humanitarian worker Module 4: Dealing with violations SIERRA LEONE LEONE SIERRA (three Sierra Leonean points of view) points Leonean Sierra (three 1 Voice amnestyresolve The to will not only fail it will of this country, the problems of violence maintain the vicious circle work. Amnesties don’t and impunity. – a lawyer 2 Voice torturers I do if met my What would them that one just tell I’d in the street? day the Almighty will choose between don’t If we and mine. their families lose going to people are more forgive, their hands. hands his both had who person a – punishment as rebels by off chopped escape his daughter’s covering for 3 Voice that a man of principle and I believe I’m But who’s crime should be punished. judge whom? No one is really going to to were If the government in control. the on trial,’ put you going to say ‘We’re start would rebels fighting again. – a pastor iews on dealing with violations of I H L CHILE Voice 1 Voice the politicians on trial should Putting in which the the community prompt its examine to committed crimes were on Pinochet Putting conscience. own trial in Chile is worth because doing, that the people of Chile know full well of the coup in favour half of them were d’état. – an essayist 2 Voice without will be no reconciliation There know need to We truth and justice. the bodiesof those who where are ‘disappeared.’ – a journalist, political prisoner for years two over CAMBODIA Voice 1 Voice 30 at the I was I forget? could How committed violence and it [the time, in Cambodia in Rouge Khmer the by indelibly in my the 1970s] is imprinted All the victims feel as I do; we memory. bear to leaders Rouge Khmer the want of their deeds. the consequences – a survivor where of a torture centre tortured and killed17,000 people were 2 Voice to the would it make What difference Mok [Khmer if Ta Cambodian average on trial? All I want Rouge leader] went stay peaceful. to is for Cambodia and father his lost who driver, taxi a – sisters and brothers five To forget or not to forget? V or not to forget? forget To

Exploring Humanitarian Law EHL Exploration 4A: Rationales and options for dealing with IHL violations 12 STUDENT 4A.3 RESOURCE S.4a Module 4: Dealing with violations

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Exploring Humanitarian Law EHL Exploration 4A: Rationales and options for dealing with IHL violations 13 STUDENT 4A.4 RESOURCE

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Exploring Humanitarian Law EHL Exploration 4A: Rationales and options for dealing with IHL violations 14 STUDENT 4A.5 RESOURCE S.4a Module 4: Dealing with violations In the words In the words 1 A policy of forgetting can can forgetting of policy A 2 The Haunted Land, Facing Facing Land, Haunted The Rosenberg, Tina Books, Vintage Communism, Ghosts After Europe’s 1996. York, New and the Terror Genocide, Brutality, Aryeh Neier, 1998. York, New Books, Times for Justice, Struggle mean that resentment lies buried in in buried lies resentment that mean heart, fester, it to allowing the victim’s a healing alternative. without offering of scholar Aryeh Neier, “Peaceful “Peaceful Neier, Aryeh scholar of seems much less likely coexistence see victimized were who those if their for account no one called to suffering.” unpublished paper. CrystalSource: C. Campbell, 1  2  Rosenberg observesRosenberg no since that and torture for punished was one must “it was, other abuses the feeling happened.” not have once the conflict is over. Where silence Where the conflictover. once is linked often is it choice, explicit an is of amnesty or pardons. with grants of members shields amnesty Such facing from government former the violations about questions legal during the time they occurred that the machinery controlled of state. In the short or forgetting term, the abuses of past can ignoring be the quickest means to appear to shift a wartime from or totalitarian of governance. a new form to regime many is what Choosing such silence of lack implies it for fear, victims individuals that hurt the for respect have may groups and targeted feels like denial. Silence suffered. In to her discussion of the failure East (former the Stasi prosecute enforced who Police) Secret German Tina 1989, until rule Communist A look at societal silence after violations fall of war the weapons When and the killings, silent tortures, how over, are and terror rapes the confront should governments crimes past and the war which question The occurred? have may a new and weave best to is how Some healing social fabric. people the that argue and governments and the society should past is over on building the future. concentrate or State- the past, Forgetting amnesia,’ ‘collective sanctioned where situations those covers government-sponsored no been has process accountability of review State no – place in put civil or crimes war for responsibility Societalmay silence conducted. terror, the be the productchoice, of explicit get to need nation’s the of outcome on with the business of governing

Exploring Humanitarian Law EHL Exploration 4A: Rationales and options for dealing with IHL violations 15 STUDENT 4A.6 RESOURCE (1/3) S.4a

Module 4: Dealing with violations to the author admitted executions; taking part in such acts himself. filed soon were suits of number A Louisette against the General. Ighilahriz among those who was a of result the as However, sued. of 1968, which gave law French committed acts all for amnesty judge a war, Algerian the during take action to against therefused confirmed was decision The General. the In on appeal. another case, of fine a pay to forced was General his for punishment as euros, 7,500 later, months Two actions in Algeria. confirmed France in court highest the for tried be not could he that crimes against humanity. committing that took place duringin the war place took that Algeria. who had Over 300 generals served a declaration in Algeria signed They claimed in support of this effort. torturethat and other crimes had but on a indeed been committed, very that small scale; they stressed the the political authorities had given the time. at much freedom too army that said France of minister prime The uncovering that he did not believe the nation. weaken the truth would he claimed that On the contrary, by the nation strengthen it would on the build its future it to allowing president The lessons of the past. view of the country a different took old against reopening and argued Some members of the wounds. a that parliament proposed French of inquirycommission be set up to by the crimes committed look into seek would commission The France. establish the truth and suggest to This the victims. compensate to ways rejected. eventually was proposal Aussaresses, In 2001, General Paul who served as an intelligence to 1957, from 1955 Algeria in officer claimed he which in book a published tolerated government French the that the use of torture and summary A PUBLIC DEBATE IN FRANCE IN DEBATE PUBLIC A From 1954 to 1962, France waged waged France 1962, to 1954 From fighters pro-independence on war colony. in Algeria, then a French both by committed were Atrocities ended in 1962, and war The sides. independent an became Algeria was amnesty general A country. sides both on those for proclaimed For atrocities. committed had who the almost the nextin France 40 years in Algeria army of the French excesses in and books in condemned be would be no would there articles. However, on the subject. public debate broad Ighilahriz, in 2000, Louisette Then, was who militant Algerian former a in 1957, months three tortured for generals French publicly. out spoke reacted, her account by implicated got finally debate public broad a and taken were Sides France. in way under and books articles, many great a and The produced. documentaries were and politicians of historians views and given. sought were scholars called on of French A group set the to government the French and recognizing by straight record of torture the incidents condemning Is it too late?

Exploring Humanitarian Law EHL Exploration 4A: Rationales and options for dealing with IHL violations 16 STUDENT 4A.6 RESOURCE (2/3) S.4a Carte authority blanche: unlimited do as to one pleases. About responsibility:About Primary responsibility with the rests who knew full authorities, political going on and should what was well carte the blanche* to given not have military. of the President – Hugues Dalleau, Veterans Union of National French *  did not want government If the French said so clearly torture, it should have of clear If, in the absence and officially. did not want the army instructions, torture honour or preserve – to its own should – the hierarchy that of France said so explicitly. have in the lieutenant – Roger Monié, reserve army French Module 4: Dealing with violations Very few conscripts got involved in in involved got conscripts few Very about knew them of many But torture. because nothing, said and it, saw it, requires discipline military resisting courage. of degree above-average an of racism climate a general was There in inherent contempt of all, above and, that made it possible wars the colonial attitude towards this passive take to violence. of the Doussin,– Georges President Victims War and Veterans French Association would what of afraid were Conscripts refused or argued they if them to happen regard with especially orders, out carry to exception, without them, of All torture. to being torture saw or heard least at trauma me their real tell out. They carried say that they didn’t the fact from stems years 20 were they that time; the at no take to bring themselves old and couldn’t a stand. – Marie-Odile French Godard, psychologist I would be the idea of opposed to I would have We apologizing State today. French Acknowledge apologize for. nothing to without but means, all by facts, specific no regrets. I personally have generalizing. Aussaresses – General Paul understand how is to My sole concern slip back into people can a civilized such a prevent to are barbarism. If we we recurring shameful episode from the – tell in the face look it square must background truth about the political our sons do not want the torture. to We along their road horror discover to and shame in their hearts, life, through lied. their fathers just because who officer former Julliard, – Jacques served in Algeria soldiers: About being maligned feel they are Veterans of torture accusations are the way by at all two million of those who levelled a clear and have served in this war on the subject. conscience in corporal Marek, French Wladyslas – 1962 1960 to from Algiers VOICES Senior French officers who served officers Senior French war: in the Algerian times torturein indispensable not is No, perfectly One can manage well of war. without. It saddens me when I think torture Algeria, because back to was part We of the mindset period. done things differently. have could Massu – General Jacques decided I but torture, liked never I’ve when it use to have to going was I already It was in Algiers. I arrived the then. Given by practice standard do the same I’d same circumstances, any there’s believe again; I don’t should I that, said Having alternative. results good obtained usually I that add would I whatsoever. torture any without successes greatest say that my even blow single a without achieved were But interrogation. under person the to just that where situations are there operating you’re when work, doesn’t time pressure. under great Is it too late?

Exploring Humanitarian Law EHL Exploration 4A: Rationales and options for dealing with IHL violations 17 STUDENT 4A.6 RESOURCE (3/3) S.4a recognize those crimes would clear those crimes would recognize There is a need to facilitate discussion discussion facilitate to need a is There up open episodes: shameful these of gather accounts more, the archives points different to listen witnesses, from from learn more A country can of view. pages of its historythe blacker than as itself portrays it which in those from victim. or innocent a dashing hero Franco-Bulgarian Todorov, Tzvetan – literary theorist To the air and establish a sound basis for I am not of those treaty. the alliance dwell constantly must we who believe of the past on the past, but ignorance the accept must We be dangerous. can to like I would history. of our own facts but closer, draw see the two countries history. of erasing not at the price – Bachir Boumaza, Algerian politician Module 4: Dealing with violations Nothing is more importantNothing is more the to see than to victims and their families the Until it does, the truth emerge. be completed; cannot grieving process same applies The is possible. no relief the Acknowledging nations. to and painful tragic past – however because – is essential for the future, live people – cannot nations – like What is needed quite a lie forever. and Algeria simply for both France establish the realityto of the crimes both sides during the by committed Algerian war. French former – Robert Badinter, of justice minister will we reconciliation, have not do Ifwe they heal the wounds; not be able to in a society live open. We will remain part are individuals where of a group, will be actions fear that there and we and vendetta. of revenge Algerian – Daho Djerbal, historian The French State is responsible for its its for responsible is State French The during did army its what for and army help therefore should It war. Algerian the honour French if And truth. the establish against crimes by tarnished been has accept must France then humanity, responsibility the court before of history attitude. and adopt the appropriate Kaddache, Algerian historian – Mahfoud or uncovering forgetting About the truth: I am not in favour the time being, For of a penal be solution. It better would end these memory rather to wars It forever. them alive keep than to might be set up a truth possible to commission, and reconciliation people of honour of lawyers, composed and figures political and integrity, enable the memory to historians, of among the circulate what happened to groups. various French – Benjamin Stora, history professor As for the recognition of all this by the of all this by As for the recognition happen to if that were State, French – it the better – and the sooner it did, country your help rehabilitate would respect of for its tradition and confirm values. human – DriffaM’Hidi, of LarbiBen sister Ben in the M’Hidi murdered (who was of General Aussaresses) presence I reparation. I am asking for moral authorities to am asking the French that they resorted the to recognize of torture during practice despicable the Algerian War. Ighilahriz – Louisette torture at the time, in France many To response justified seemed a basically the by committed the atrocities to Algerian nationalists. French – Benjamin Stora, history professor Is it too late?

Exploring Humanitarian Law EHL Exploration 4A: Rationales and options for dealing with IHL violations 18 Exploration 4B: Judicial options 4B

Exploration 4A introduced students to the reasons for In Exploration 4B, students explore the efforts that have dealing with violations of international humanitarian been made at various levels, since World War II, to bring law (IHL) and to different ways of doing so. Explorations perpetrators of serious IHL violations to trial. They look at 4B and 4C look more closely at specific mechanisms for examples of national, international and ‘hybrid’ courts and addressing serious violations of IHL. compare these different ways of administering justice.

OBJECTIVES • to recognize that States must bring to trial those who commit grave breaches of IHL, regardless of the nationality of the perpetrator or the victim or where the crime took place • to acquire an understanding of the different judicial ways of dealing with war crimes (national, international, ‘hybrid’ courts) • to realize that these judicial approaches complement each other and that all contribute to the international community’s efforts to bring war criminals to justice Module 4: Dealing with violations

TEACHER STUDENT 4B RESOURCES 4B RESOURCES 4B.1 Judicial options 4B.2 ‘Foreign cases’ before national tribunals 4B.3 Voices from Nuremberg 4B.4 The Nuremberg Principles 4B.5 Towards a new type of court 4B.6 Ad hoc international criminal tribunals 4B.7 The permanent International Criminal Court 4B.8 ‘Hybrid’ courts 4B.9 How can national courts help ad hoc international criminal tribunals?

PREPARATION Choose which tribunal (Rwanda or the former Yugoslavia) you will use in step 4. Plan how to work through the exploration in light of available class time. Assign all preparatory reading and writing for homework (the reading and writing in step 3 and the reading in preparation for the debate in step 6). In the Methodology Guide, review teaching methods 1 (Discussion), 5 (Role-playing), 7 (Writing and reflecting), 9 (Small groups) and 10 (Gathering stories and news).

TIME Three 45-minute sessions (longer if all work is done during class sessions)

Exploring Humanitarian Law EHL Exploration 4B: Judicial options 19 The exploration 4b

1. INTRODUCTION (5 minutes) Find out what students know about judicial efforts to address war crimes.

Possible question: > Do you know of any war criminals who have been brought to trial?

2. NATIONAL WAR CRIMES TRIBUNALS (20 minutes) Remind students that the Geneva Conventions require governments to try and punish those who commit grave breaches of IHL. Explain that these crimes are so serious that governments are, in fact, obliged to try and punish any person, regardless of: • his or her nationality;

• the nationality of the victim; or Module 4: Dealing with violations • the place where the crime occurred.

Then divide the class into small groups. Assign one of the examples in “’Foreign cases’ STUDENT before national tribunals” to half the groups and the other example to the other half. 4B.2 RESOURCES

Instruct the groups to study the case assigned to them and to prepare answers to the questions at the end. After about 10 minutes, have each group report to the class. During their reports, list the reasons given by students and explain anything they may not have understood.

3. THE PRECEDENT SET AT NUREMBERG (45 minutes, additional time, if the reading is done in class)

With the help of the teacher resource, present the basic facts about the first TEACHER international military tribunal, convened in 1945 in Nuremberg, Germany (make 4B.1 RESOURCES a brief reference to the similar tribunal established in Tokyo, Japan). Give each student one of the three pages from “Voices from Nuremberg”: STUDENT 4B.3 RESOURCES • “On the purpose of the Nuremberg trials” – excerpts from prosecutors’ statements, which reflect their sense of the importance of the Tribunal; • “Defendants’ final statements” – excerpts from statements made by four of the defendants, which reflect their views on their actions and whether they thought they were guilty of wrongdoing; • “The Tribunal’s rulings” – excerpts from the judges’ statements, which reflect their responses to the arguments presented.

Exploring Humanitarian Law EHL Exploration 4B: Judicial options 20 The exploration 4b

Instruct students to read their pages and to answer the questions as homework. In class, have them discuss their answers with a partner or with a small group of students who were given the same page. After about 10 minutes, reconvene the class and discuss all the questions.

Conclude by having students read “The Nuremberg Principles” to focus on the STUDENT law that was developed by the tribunal. 4B.4 RESOURCES

4. AD HOC INTERNATIONAL TRIBUNALS (30 minutes) NOTE Check that students understand what ad hoc means. Give them an example of its use If needed, tell students that in a sentence. the term ‘ad hoc’ generally refers to a solution designed

Next, encourage students to share what they know about the violence that occurred Module 4: Dealing with violations during the 1990s in the former Yugoslavia or in Rwanda. for a specific problem. The literal meaning of the term is ‘for this purpose.’

Distribute copies of the “Towards a new type of court: The situation in the former STUDENT Yugoslavia” page or the “Towards a new type of court: The situation in Rwanda” 4B.5 RESOURCES page, depending on the case you have chosen.

Divide students into small groups, and have each group write down their ideas for setting up an ad hoc international criminal tribunal to deal with the case that has been chosen. Ask them to make use of the questions at the end.

When they have done this, distribute “Ad hoc international criminal tribunals.” STUDENT 4B.6 RESOURCES

Instruct the groups to compare their ideas with the information given in the fact sheet. Explain that the fact sheet tells them about another ad hoc tribunal as well (one established to deal with war crimes committed in a context different from the one they have been asked to think about, either the former Yugoslavia or Rwanda). Note the acronym for each. Then reconvene the class to discuss what they have learned.

Possible questions: > Did anything in the fact sheet surprise you? > What are the similarities between the two tribunals? > What are the differences between them?

Exploring Humanitarian Law EHL Exploration 4B: Judicial options 21 The exploration 4b

5. THE PERMANENT INTERNATIONAL CRIMINAL COURT (25 minutes)

Ask students to read “The permanent International Criminal Court” and to discuss STUDENT the question at the end. 4B.7 RESOURCES Then have them work in pairs to prepare some quiz game questions about the STUDENT International Criminal Court (ICC). If time permits, they can also prepare a few bonus 4B.6 RESOURCES questions on the similarities and differences between the ad hoc international criminal tribunals and the ICC, using “Ad hoc international criminal tribunals.”

Conduct a quiz game based on their questions. Divide the class into two quiz teams. Have students from each quiz team take turns posing one of their questions to the other quiz team. A team earns a point when one of its members answers correctly. Module 4: Dealing with violations 6. ‘HYBRID’ COURTS (25 minutes, additional time, if the reading is done in class) Tell students that following recent war crimes trials in both national and international courts, a new approach is emerging. It takes the form of ‘hybrid’ courts, which try to take advantage of the most useful elements of both national and international courts.

Possible question: > If you were to design a new type of court that combined elements of international and national courts, what would your court be like?

Divide the class into four debate teams. Distribute the “’Hybrid’ courts: Special STUDENT Court for Sierra Leone” page to two of the groups and the “’Hybrid’ courts: Special 4B.8 RESOURCES Panels for Serious Crimes in Timor-Leste” page to the other two.

Explain that each team must be prepared to either support or oppose the following statement:

‘Hybrid’ courts are more effective than international or national tribunals.

Assign debate positions: • Team 1: Sierra Leone – support the statement; • Team 2: Sierra Leone – oppose the statement; • Team 3: Timor-Leste – support the statement; • Team 4: Timor-Leste – oppose the statement. As homework, ask students to read the fact sheet and to think about their assigned debate positions. Give the groups time in class to prepare for the debate. Have students choose one speaker to represent each group. Decide the order of the proceedings (for example, you might have Sierra Leone, pro and con, followed by Timor-Leste, pro and con, or you might have those supporting the statement go first, followed by those opposing it). Hold the debate.

Exploring Humanitarian Law EHL Exploration 4B: Judicial options 22 The exploration 4B

7. CLOSE (5 minutes)

Possible questions: > How do you think trials and punishments could deter people from committing war crimes? > Why do you think there are so many ways of trying and punishing war criminals?

! KEY IDEAS • States must bring to trial and punish those who commit grave breaches of IHL, regardless of the nationality of the perpetrator or the victim or where the crime took place. • Efforts have been made at different times and at various levels to try and to punish war criminals. • While judicial ways of dealing with IHL violations may differ, they complement Module 4: Dealing with violations each other and contribute to the common effort of the international community to bring war criminals to court.

Exploring Humanitarian Law EHL Exploration 4B: Judicial options 23 Extension activities 4B

HISTORY, LITERATURE, CURRENT EVENTS

After reading “The Nuremburg Principles,” use examples taken from history, STUDENT literature or current events to illustrate and clarify the meaning of Nuremberg 4B.4 RESOURCES Principles I-V.

A CRITICAL RESPONSE TO NUREMBERG OR A MORE RECENT TRIBUNAL Write an essay or a research paper in response to one of the following questions: > Does the fact that the victorious Allies sat in judgment over their defeated enemies undermine the credibility of the Nuremberg and Tokyo tribunals? > Does the fact that the ad hoc international criminal tribunals were established by the United Nations (UN) Security Council cast doubt on their independence? Module 4: Dealing with violations

A VICTIM’S STORY (Creative writing or dramatization) Write the story of someone (real or imaginary) who was the victim of a war crime. Cast your story as a first-person narrative. Describe the war crime (who was involved, who suffered, who else was affected, and so on). Give the victim’s reasons for wanting a particular type of court to prosecute those who were responsible. Present the character’s story in writing or as an oral monologue. Use information from the student resources of this exploration; draw on the news media and the Internet, if possible.

MORE ROLES FOR NATIONAL COURTS

Read “How can national courts help ad hoc international criminal tribunals?”, and STUDENT respond to the questions at the end in one of the following ways: 4B.9 RESOURCES • Write down your ideas; • Discuss the questions with a fellow student or in a small group.

Exploring Humanitarian Law EHL Exploration 4B: Judicial options 24 Extension activities 4B

ESSAY Write an essay in response to one of the following statements, which express some of the aspirations and the limits of the International Criminal Court.

The governments that have made this enlightened move clearly understand that the permanent International Criminal Court represents no threat to States with an organized criminal justice system. On the contrary, it is designed only to protect those most vulnerable people whose own government, if they have one, is unable or unwilling to prosecute those who violate their most fundamental human rights. – Kofi Annan, then UN Secretary-General

I believe the Court not only can dissuade potential executioners but also can have extraordinary educational virtues... – William Bourdon, lawyer and Secretary-General of the International Federation of Module 4: Dealing with violations Human Rights

An international court (...) can judge no more than 50 accused persons a year. A permanent court concerning all the countries will have the same problem and should thus select those it will pursue according to their high level of responsibility. It is thus impossible to imagine that the struggle against impunity can rely only on international justice. It is necessary that in the medium term the national courts get involved and work actively toward a solution. – Louis Joinet, magistrate and UN Special Rapporteur on impunity

Exploring Humanitarian Law EHL Exploration 4B: Judicial options 25 TEACHER 4B.1 RESOURCE (1/4)

Judicial options T.4B

Although there are many different ways of addressing INTERNATIONAL COURTS violations of international humanitarian law (IHL), Despite the obligation imposed on States to search for the judicial approach has been preferred to others in and punish persons alleged to have committed grave many instances. A range of judicial options has been breaches of IHL, the sheer number of atrocities and the developed – national, international and ‘hybrid’ courts. limits of national courts in trying such crimes have led They differ from one another in certain respects, but the international community to assume a greater role they all contribute to the international community’s in enforcing the law. Since the end of World War II, the efforts to bring alleged war criminals to trial. international community has made significant progress in the effort to end impunity and to bring perpetrators NATIONAL COURTS of IHL violations to trial. Today, the administration of IHL As with all bodies of law, there have to be ways of is no longer confined to States. implementing and enforcing IHL. The Geneva Conventions require States to prevent and suppress all violations of IHL. • The Nuremberg and Tokyo trials They also require States to enact laws to prohibit grave World War II ended in 1945 after exacting a terrible Module 4: Dealing with violations breaches of IHL and punish those who commit them, and human toll. Millions of Jews and other members of to search for and prosecute such persons. social and political minority groups were systematically put to death, many of them exterminated in In general, a State’s criminal law applies only to acts concentration camps. Millions of civilians were killed committed by its own citizens or within its territory. or bombarded or forced to leave their homes. Millions IHL goes further. It requires States to search for and of soldiers were captured and detained. Cities were punish all those who have committed grave breaches, destroyed by unrelenting and systematic bombing; regardless of the perpetrators’ or the victims’ nationality and the first use of atomic bombs razed the cities of or where the crime was committed. This principle is Nagasaki and Hiroshima in Japan. called ‘universal jurisdiction.’ Following World War II, Nazi German and Japanese Many countries have revised their criminal codes to war criminals were tried by national courts in various enable them to try – without restrictions – persons countries around the world (among them, Australia, accused of committing war crimes, genocide and crimes Belgium, Canada, China, Czechoslovakia, France, against humanity. They have conducted trials for such Great Britain, Greece, the Netherlands, Norway, the acts on the basis of universal jurisdiction, irrespective Philippines, Poland, the Soviet Union, the United of where the alleged crime was committed and the States and Yugoslavia). nationality of the alleged perpetrators or victims. In order to supplement efforts undertaken at the States might be particularly eager to try foreigners national level and to ensure that all major war accused of committing war crimes before their national criminals were brought to court, the victorious ‘Big courts for a variety of reasons. For instance, the Four’ States (Great Britain, France, the Soviet Union authorities of a particular State might feel that courts and the United States) created the International in other countries would be less zealous in pursuing Military Tribunal (IMT) in the German city of injustices committed against its citizens. Also, trying Nuremberg in 1945 to try 22 high-ranking Nazi foreigners for war crimes can increase a government’s defendants for grave violations of international law. popularity among its people and improve its standing One year later, a similar body, the International Military in the international community. Tribunal for the Far East (IMTFE), was established in Some early trials of this kind were connected to World Tokyo to hear charges against 28 Japanese defendants War II. More recent ones include trials related to the armed of significance. The newly established courts were conflicts in the former Yugoslavia, Rwanda and Afghanistan. composed mainly of prosecutors and judges from the victorious Allied Powers. 

Exploring Humanitarian Law EHL Exploration 4B: Judicial options 26 TEACHER 4B.1 RESOURCE (2/4)

Judicial options T.4B

The Nuremberg and Tokyo tribunals charged The establishment of these tribunals represented defendants with crimes against peace, war crimes a major development in the enforcement of and crimes against humanity. At Nuremberg, 19 IHL, beyond the so-called ‘victors’ justice’ of the defendants were convicted and three acquitted. Nuremberg and Tokyo trials. The courts’ decisions The Tokyo tribunal convicted all the defendants. The have also significantly contributed to the Nuremberg judgments, in particular, formed the basis development of IHL case-law. of the most important set of guidelines on individual However, some people have argued that such special criminal responsibility under international law: the tribunals are not the most effective way to enforce Nuremberg Principles. IHL, since it takes a concerted international effort, These trials played an important role in bringing and a great deal of time and money, to establish perpetrators of the most serious international and run them. Others have claimed that the limited crimes to court. Moreover, they showed that a group jurisdiction of the tribunals detracts from efforts to of States could act together to hold individuals bring perpetrators in other parts of the world to trial. accountable for violating IHL and sent a powerful Module 4: Dealing with violations signal that the international community would not • The permanent International Criminal Court tolerate certain crimes. The trials also gave impetus to The idea of having a permanent international criminal the development of IHL treaties. court had been considered at various times since Their value was nevertheless called into question by the Nuremberg and Tokyo trials. The creation of the claims that they were no more than ‘victors’ justice.’ two ad hoc international criminal tribunals was a It was alleged also that soldiers from the States milestone in the effort to try and to punish those represented in the tribunals had committed some of accused of committing serious violations of IHL. the same crimes, but were not being brought to trial. However, the jurisdiction of these ad hoc international tribunals was limited in both time and place. • Ad hoc international criminal tribunals A few States opposed the establishment of a About 40 years after the Nuremberg and Tokyo trials, the permanent international criminal court. Some argued international community again took action to establish that such a court would have too much power and international tribunals, in response to the atrocities would be susceptible to misuse for political purposes. committed in the former Yugoslavia and in Rwanda. Others feared that some of their own practices would In the former Yugoslavia, national authorities were fall within the court’s purview. For example, States largely unwilling to bring perpetrators to court, expressed their concern that such a court could try whereas in Rwanda, owing to the enormous caseload, members of their armed forces who were deployed they were simply unable to do so. overseas, without the benefit of the safeguards available in their national courts. The United Nations (UN) Security Council established two international criminal tribunals to prosecute Despite such objections, and after long preparatory persons accused of committing war crimes, crimes discussions, the international community convened a against humanity and genocide, and granted them diplomatic conference in Rome in 1998 and adopted primacy over national courts. the Statute of the International Criminal Court (ICC). The International Criminal Tribunal for the former The ICC has jurisdiction over genocide, crimes against Yugoslavia (ICTY) was created in 1993 in The Hague, humanity and war crimes. Its authority does not to prosecute such crimes committed since 1991 in supersede that of national courts; it complements the former Yugoslavia. The next year, the International the work of those national courts that are unable Criminal Tribunal for Rwanda (ICTR) was set up or unwilling to investigate or prosecute individuals in Arusha in Tanzania, to prosecute such crimes responsible for the most serious crimes of international committed in 1994 either in Rwanda or by Rwandan concern. The ICC’s jurisdiction is not limited to specific nationals in neighbouring countries. situations or to a certain time period.

Exploring Humanitarian Law EHL Exploration 4B: Judicial options 27 TEACHER 4B.1 RESOURCE (3/4)

Judicial options T.4B

The establishment of the ICC is proof of the international ‘local’ realities and may make them more acceptable community’s commitment to ensuring that individuals to the local population. Owing to the inclusion of who commit serious IHL violations do not go unpunished. certain national elements, ‘hybrid’ courts are also As a permanent court, the ICC brings an element of considered more efficient and less expensive than continuity to efforts to enforce IHL. international courts and to have a lasting impact on the development of national structures. ‘Hybrid’ courts Although the work of ‘hybrid’ courts is promising, ‘Hybrid’ courts combine international and national some problems have arisen, which may pose serious elements and try to maximize the advantages of each. obstacles to their functioning. They are often In light of the lessons offered by the experience of both understaffed. They may not receive adequate funding national and international courts, ‘hybrid’ courts have or might cause funds to be diverted from the local raised great expectations in some parts of the world. judicial system. Also, local governments might be able Examples of ‘hybrid’ courts include the Special Court for to influence the judges in ‘hybrid’ courts and might Sierra Leone, the Extraordinary Chambers in the courts refuse to recognize the legitimacy of such courts. Module 4: Dealing with violations of Cambodia and the Special Panels for Serious Crimes Sources: Irwin Cotler (ed.), Nuremberg Forty Years Later, McGill-Queen’s in Timor-Leste. University Press, Montreal, 1995. Telford Taylor, The Anatomy of the Nuremberg Trials, Little, Brown and Co., Boston, 1992. Machteld Boot (ed.), ‘Hybrid’ courts try to make use of some important Genocide, Crimes Against Humanity, War Crimes: Nullum Crimen Sine Lege and advantages provided by international courts. They offer the Subject Matter Jurisdiction of the International Criminal Court, Intersentia, Antwerp, 2002. The United Nations War Crimes Commission, History of the access to an infrastructure that might no longer exist on United Nations War Crimes Commission and the Development of the Laws the national level. They attempt to profit from expertise of War, His Majesty’s Stationery Office, London, 1948. Yuki Tanaka,Hidden Horrors, Westview Press, Boulder CO, 1996. Timothy L.H. McCormack, Gerry in investigating, prosecuting and trying complex J. Simpson (eds), The Law of War Crimes, Kluwer International Law, The international crimes, which may not be available on Hague, 1997. Sarah M.H. Nouwen, “’Hybrid courts’ – The hybrid category the national level. ‘Hybrid’ courts also use the abilities of a new type of international crimes courts,” Utrecht Law Review, Vol. 2, No. 2, December 2006. Robin Gei, Noëmi Bulinckx, “International and of international experts in order to prosecute more internationalized criminal tribunals: a synopsis,” International Review of the perpetrators in less time. An impartial international staff Red Cross, Vol. 88, No. 861, March 2006. Benjamin B. Ferencz, An International Criminal Court. A Step Toward World Peace: A Documentary History and and the availability of international financial resources Analysis, Vol. I, Oceana Publications, Inc., New York, 1980. Opening statement also contribute to their effectiveness. of the Secretary-General of the United Nations to the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an At the same time, ‘hybrid’ courts include some International Criminal Court, Rome, 15 June -17 July 1998. Official Records Volume II, Summary records of the plenary meetings and of the meetings important features of national courts. ‘Hybrid’ courts of the Committee of the Whole: A/CONF.183/13 (Vol. 11). Explanation of rely on local judges and prosecutors, who are familiar vote by Mr Dilip Lahiri, head of the Indian delegation, on the adoption of with the circumstances in which the crimes were the Statute of the International Court, 17 July 1998 (http://www.un.org/ icc/speeches/717ind.htm). Robinson Everett, “American service members committed, use local languages and know national and the ICC,” in Sarah B. Sewall, Carl Kaysen (eds), The United States and the law. Such elements bring ‘hybrid’ courts closer to the International Criminal Court, Rowman and Littlefield, Lenham MD, 2000.

Exploring Humanitarian Law EHL Exploration 4B: Judicial options 28 TEACHER 4B.1 RESOURCE (4/4)

Judicial options T.4B Primacy over Primacy over courtsnational Since 30 November 30 November Since 1996 Committed by by Committed someone on the territory of Sierra Leone War crimes War Crimes against humanity Certain crimes under law national 7 international, 7 international, Sierra 4 named by Leone Agreement between between Agreement and UN Secretariat Sierra of Government Leone SCSL* Exclusive jurisdiction Exclusive listed offences over Between 1 January and 25 October 1999 Committed by by Committed someone in relation in the events to Timor-Leste War crimes War Crimes against humanity Genocide Certain crimes under law national 2 international, 1 2 international, Timor-Leste from Regulation of UN in administration Timor-Leste SPSC* International Criminal Tribunal for for Tribunal ICTR: International Criminal Yugoslavia; Module 4: Dealing with violations Complementary to courtsnational – only acts if national courts unwilling are actor unable to After 1 July 2002 After Committed by by Committed someone on the territory of a State party the treaty to its nationals or by elsewhere Aggression Aggression crimes War Crimes against humanity Genocide 18 from around the around 18 from world International treaty International treaty all States open to ICC* the former for Tribunal During 1994 Committed by by Committed the on someone or Rwanda of territory nationals Rwandan by neighbouring in countries ICTR* War crimes War Crimes against humanity Genocide 16 from around the world around 16 from UN Security Resolution Council Special Court for Sierra Leone SCSL: Special CourtSierra for Timor-Leste; International Criminal East; ICTY: the Far for Tribunal Since 1991 Since Committed by by Committed someone on the territory of the Yugoslavia former ICTY* Primacy over national courts national Primacy over Committed by by Committed Japanese nationals of and nationals Powers Allied 11 (one from each 11 (one from of the 11 victorious Powers) Allied Order of the supreme Order of Alliedcommander South the in forces WW II after Pacific IMFTE* During WW II During Crimes against peace crimes War Crimes against humanity International Military IMTFE: of Nuremberg; Tribunal Committed by by Committed German nationals of and nationals Powers Allied 8 (two from each of from 8 (two victorious the four Powers) Allied International treaty International treaty of four by concluded the victorious allies WW II after IMT* International Military Serious Crimes in for International Criminal Court; SPSC: Special Panels Rwanda; ICC: Footnote: Footnote:  IMT: J urisdiction Relationship Relationship with national courts When? Who & Where? & Who What? Judges Establishment *

Exploring Humanitarian Law EHL Exploration 4B: Judicial options 29 STUDENT 4B.2 RESOURCE s.4B Module 4: Dealing with violations Do you agree? Why or Why agree? Do you not? why a might reasons What trying for such tribunal give cases’? ‘foreign Questions: >  >  Some people argue that when a that Some people argue court in one country tries foreigners beyond crimes committed for the court borders, country’s that is interfering in another country’s affairs. internal 1: 2: xample xample E E The mayor of Mushubati (a of Mushubati mayor The district of Rwanda) brought was military a Swiss courtbefore of convicted in 1999. He was of crimes committed a range during the 1994 genocide, crimes including war and was conviction The murder. upheld on appeal. a Bosnian Maksim Sokolovic, trial in to brought was Serb, crimes he had for Germany during the allegedly committed Yugoslavia. former conflict in the A German court him guilty found in 1999 of genocide and war him to crimes and sentenced in prison. On appeal, nine years the court no link was ruled that and Germany between required or the the perpetrator, the crime, victim German courts for act to in such cases. Under the Geneva Conventions, Under the Geneva Conventions, for responsible are States of international violators bringing court, (IHL) to humanitarian law of the nationality of the regardless or the victimperpetrator or whether in the State the crimecommitted was trying else. the case or somewhere of instances two are Here before being brought perpetrators courts. foreign ‘Foreign cases’ before national tribunals cases’ before ‘Foreign

Exploring Humanitarian Law EHL Exploration 4B: Judicial options 30 STUDENT 4B.3 RESOURCE (1/3) s.4B

Question: What were were What Question: the main ideas of each prosecutor? (Restate them words.) own in your From the opening statement of the opening statement From Roman Rudenko: Prosecutor Chief memoryIn sacred of millions terror, victims innocent of the fascist of of the consolidation for the sake for the the world, throughout peace security of the future of nations, sake the defendants with presenting are we which account a just and complete on is an account This be settled. must behalf of all mankind. Module 4: Dealing with violations expect that your juridical action will expect juridical that your its law, of international put the forces most of and, its prohibitions precepts, on the side of peace... its sanctions, all, the opening statement From Sir Hartley Prosecutor of Chief Shawcross: of the United Governments The Kingdom and the British States of the United Commonwealth, of the Union Soviet of America, Socialist and of France, Republics, and on behalf of every by backed nation of the other peace-loving bring joined to therefore have world, of and perpetrators the inventors of international this Nazi conception the bar of this before relationship so that these do so, They Tribunal. defendants may be punished for their crimes. that their conduct also, do so, They may be exposed in all its naked and they do so in the hope wickedness and good sense of that the conscience will see the consequences all the world which and the end to of such conduct lead. always inevitably it must AP ...There is a dramatic disparity between is a dramatic ...There and of the accusers the circumstances our that might discredit of the accused (...) in being should falter if we work never must (...) We and temperate. fair on which we that the record forget is the judge these defendants today on which history will judge us record tomorrow. ...Civilization asks whether law is so helpless to be utterly as to laggard deal with crimes of this magnitude by of importance.criminals of this order It Tribunal] does not expect [the that you It does impossible. war make can

the

of

trials

purpose

the

oices from Nuremberg oices from O n N uremberg From the opening statement of the opening statement From Robert Prosecutor H. Jackson: Chief privilege of opening The the first trial in history for crimes against the imposes a grave of the world peace four great (...) That responsibility. flushed with victorynations, and stung stay the hand of vengeance with injury, submit their captive and voluntarily the judgement of law is enemies to that tributes one of the most significant Reason. paid to has ever Power V

Exploring Humanitarian Law EHL Exploration 4B: Judicial options 31 STUDENT 4B.3 RESOURCE (2/3) s.4B Question: How did these these did Question: How men justify their actions and they were in their view, what, (Explain their for? responsible words.) own positions in your ...This trial must contribute towards towards contribute must trial ...This in the wars such degenerate preventing establishing rules by and towards future together. live beings can which human Module 4: Dealing with violations Wilhelm Keitel: Wilhelm of the of the High Command (Chief German Armed Forces) not in a and I was but I erred, I believed, have to what ought prevent position to is It guilt. my is That prevented. been that the best I realize to have to tragic and obedience soldier, a as give to had that purposes for exploited was loyalty, and time, the at recognized be not could even limit a is there that see not did I that performance of his duty. for a soldier’s Albert Speer: War (Minister and of Armaments who during the war, Production use of forced extensive allowed prisoners) labour by an inconceivable has brought war This and indeed started a catastrophe, it is my Therefore, catastrophe. world unquestionable duty assume my to of responsibility share for the disaster (...) I, as an the German before people. important member of the leadership in the total share the Reich, therefore, beginning with 1942. responsibility, AP Rudolph Hess: third-in-command, (Hitler’s of the concentration Commandant camp in Auschwitz) for many work to permitted I was son life under the greatest of my years forth people has brought whom my in (...) I do not history. its thousand-year anything. regret

final ’ ’ oices from Nuremberg oices from D efendants statements Hermann Goering:Hermann second-in-command who (Hitler’s the official the Gestapo, created and of Nazi Germany, police secret camps) of concentration the system which guided me only motive The its people, for my love ardent my was and its life. its freedom happiness, V

Exploring Humanitarian Law EHL Exploration 4B: Judicial options 32 STUDENT 4B.3 RESOURCE (3/3) s.4B

AP Module 4: Dealing with violations Question: What reasons did did reasons What Question: finding for give Tribunal the (Express guilty? defendants words.) own them in your The truth is that they actively truth is that they actively The participated or sat in all these crimes, witnessing the silent or acquiescent, larger of crimes on a scale commission shocking has and more than the world (...) had the misfortuneever know. to it (...) those warrant Where the facts guiltywho are of these crimes should punishment. not escape The Anatomy of the Nuremberg Nuremberg the of Anatomy The Taylor, Telford Source: 1992. Boston, and Co., Brown Little, Trials,

s ’ T ribunal oices from Nuremberg oices from T he rulings A plan in the execution of which a A plan in the execution of personsnumber participate is conceived though still a plan, even only one of them. (...) Hitler could by himself. by war aggressive not make of the cooperation have He had to militarystatesmen, diplomats leaders, with and businessmen. When they, him their gave knowledge of his aims, they made themselves cooperation, parties they the plan. (...) That to a their tasks by assigned to were them from dictator does not absolve responsibility for their acts. been have [the defendants] They for the measure in large responsible fallen miseries and suffering that have children. and women men, of millions on the to disgrace a been have They (...) Many of arms. profession honourable of mockery a made have men these of military to oath of obedience the soldier’s they When it suits their defence orders. confronted when obey; to had they say say they brutal crimes (...) with Hitler’s they disobeyed. V

Exploring Humanitarian Law EHL Exploration 4B: Judicial options 33 STUDENT 4B.4 RESOURCE s.4B Module 4: Dealing with violations Anyone who carries out an act that is a crime under international law is responsible for for who carries is responsible out an act law is a crime that under international Anyone it and should be punished. if it is deemed though a particularEven act law, not be punishable under national may the person guilty of it will be held responsible. law, international a crime by for instance) official, in a position of authority or a government (a head of state Anyone who carries them. out such acts for capacity in that will be held responsible who carries a superior out a criminal will be held act from under orders Anyone it. for responsible a fair trial. has the right to law with a crime under international A person charged International crimes are: law. VI is a crime under international in Principle of the crimes listed in any Participation I. II. III. IV. V. VI. • crimes against peace; • crimes; war • crimes against humanity. VII.  1946. (paraphrased), Principles Nuremberg The Source: The Nuremberg Principles The Nuremberg

Exploring Humanitarian Law EHL Exploration 4B: Judicial options 34 STUDENT 4B.5 RESOURCE s.4B Why should an ad hoc Why criminal international tribunal be set up? should set it up? Who crimes should it What deal with? should be the judges? Who should it be located? Where with should it work How courts?national Questions: >  >  >  >  >  >  The new Tutsi governmentTutsi The newarrested than 110,000 people and jailed more of participatingaccused in the because the However, genocide. had collapsed, judicial system State’s courtsnational be set up had to be trained. again and judges had to The number of people awaiting trial was overwhelming and resources very scarce. Module 4: Dealing with violations

situation wanda

R in T he The roots of the armed conflict roots in The between Rwanda in old tensions lay ethnic groups, Tutsi the Hutu and period the colonial back to dating minority received Tutsi when the a higher social benefits and enjoyed caused This than the Hutus. status among the Hutus. much resentment the Hutu majorityWhen came to Rwanda’s before years a few power in 1962, Belgium from independence forced or killed were Tutsis of thousands The countries. to neighbouring flee to then Tutsis exiled these of children the Rwandan group, a rebel formed RPF invadedThe (RPF). Front Patriotic Rwandawar. in 1990, setting off a civil political several with along war, The made ethnic crises, and economic In April 1994, roughly worse. tensions Hutus and moderate Tutsis 800,000 killed in a large-scalewere genocide. to fled million Hutu refugees two About neighbouring countries. Why should an ad hoc Why criminal international tribunal be set up? should set it up? Who crimes should it What deal with? should be the judges? Who should it be located? Where with should it work How courts?national Questions: >  >  >  >  >  >  The factThe such serious that violations taking common was place were knowledge the Federal throughout a long For Yugoslavia. Republic of authorities national however, time, bring the to unable or unwilling were court. to perpetrators

the

in

Y ugoslavia situation

T he former In a referendum held in Bosnia In a referendum in the spring of and Herzegovina 1992, Bosnian Muslims and Croats the from independence for voted At Yugoslavia. Republic of Federal Bosnian who Serbs, the same time, the referendum, had boycotted government. established their own armed an events, these of result a As Bosnian between out broke conflict (backed forces Croat and Muslim forces Serb Bosnian and Croatia) by military(backed by Serbia). units from serious violations During the war, humanitarian law of international frequently: massacres, (IHL) occurred of deportation forced rape, torture, ofcivilians and the establishment camps. concentration Towards a new type of court Towards

Exploring Humanitarian Law EHL Exploration 4B: Judicial options 35 STUDENT 4B.6 RESOURCE s.4B these tribunals located? Who are the judges? are Who elects UN General Assembly The 16 international hoc ad each for judges four for serve judges The tribunal. throughout from drawn are and years the world. are Where ICTY Hague, The The in has its seat Netherlands. The ICTRThe in Arusha, has its seat Tanzania. with national work do they How courts? ICTYThe and the ICTR primacy have courts. national over AP Module 4: Dealing with violations ICTR in Rwanda Rwandans (or by in in 1994: neighbouring countries) ICTY Genocide War crimes War Crimes against humanity for the following offences committed offences the following for Each tribunal is authorized to prosecute and try prosecute Each tribunal to is authorized persons responsible ICTY in the former Yugoslavia since 1991:* since Yugoslavia former the in The court’s authority is not limited in time, allowing it to continue prosecuting violations committed in committed violations prosecuting continue it to allowing authority in time, is not limited court’s  The in 1999 and Macedonia 2001). in Kosovo (e.g. Yugoslavia the former * What crimes do the tribunals deal with? What important that ensure  to war not escape justice criminals would a fair trial; receive and would of the process to contribute  to the and to reconciliation national of peace. maintenance Ad hoc international criminal tribunals set up? they were Why community international The wanted: • • set them up? Who (UN) Security Nations United The set up the International Council the former for Tribunal Criminal (ICTY)Yugoslavia in 1993, and the for Tribunal International Criminal Rwanda (ICTR) in 1994.

Exploring Humanitarian Law EHL Exploration 4B: Judicial options 36 STUDENT 4B.7 RESOURCE s.4B

Wim van Cappellen/ICC-CPI Question: How does theQuestion: How an ad hoc from differ ICC criminal tribunal? international Module 4: Dealing with violations Where is the court located? Where The Hague, The in is located ICC The Netherlands. with national does it work How courts? complements ICC the of authority The acts ICC The courts. national of that to is unable or unwilling only if a State or prosecute. investigate

on 1 July 2002. crimes does the court deal with? What has the authority to ICC The and tryprosecute of persons accused crimes: the following committing • Aggression; • crimes; War • Genocide; • Crimes against humanity. authority is In the ICC’s principle, a particular in time or to not limited conflict, but it can try crimes only after 1 July 2002, committed established the that when the treaty force. into court entered the judges? are Who judges 18 of composed is Court The years nine of term a for elected are who party the States by the Rome Statute. to Who set it up? Who The International Criminal Court (ICC) was set up as an organization independent of the United Nations (the Rome a treaty (UN), through in 120 States decided by Statute) JulyThe 1998.beganICC work handle the most serious  to crimes regardless international and when they were of where committed; action that could guarantee  to quicklybe taken more (an ad hoc criminal tribunal international be set up first before to have would and its work); begin it could serve deterrent  to as a stronger of international against violations (IHL). humanitarian law The permanent International Criminal Court it was set up?Why trials Tokyo and the Nuremberg Since II, the War World after the end of community had international of a the creation considered criminal permanent international ad hoc of the two creation The court. criminal tribunals to international in deal with the crimes committed and in Rwanda Yugoslavia the former the However, step. a significant was authority of these tribunals was in both time and place. limited, criminal A permanent international court needed: was • • •

Exploring Humanitarian Law EHL Exploration 4B: Judicial options 37 STUDENT 4B.8 RESOURCE (1/2) s.4B

Sylvain Savolainen Module 4: Dealing with violations How does this court combine national and international elements? and international does national this courtHow combine Why court? be suspicious of a national defendants might Why victims?might might Why court? victims might an international mistrust Why defendants? Questions: >  >  >  Who set it up? Who and Leone of Sierra government The set (UN) jointly Nations the United Leone up the Special CourtSierra for (SCSL) in 2002. crimes does the court deal What with? SCSL tries seriousof IHL,The violations certain and humanity against crimes have that law under national offences in the countrybeen committed since a of date (the 1996 November 30 government the between treaty peace down). broke which later and the RUF, the judges? are Who 11 judges: seven currently are There the by the UN and four by appointed of All Leone. of Sierra government years. them serve three for is the court located? Where Leone. Sierra In Freetown, with national does it work How courts? SCSL has primacy the The over courtsnational Leone. of Sierra ‘ H ybrid’ courts: Special Court for Sierra Leone courts make use of both ‘Hybrid’ as well law and national international and prosecutors local and foreign as cases more try to able are They judges. international or national purely than courts where do so close to can and to theyThus, committed. the crimes were expertise international benefit from in and crimes war trying and prosecuting knowledge from of local circumstances, values.languages and cultural the armed conflict to Background Leone: in Sierra an through suffered Leone Sierra between civil war extremely violent 1991 and 1999, in which a rebel called the Revolutionarygroup the (RUF) fought Front United of the country’s Control government. one of the was resources mineral fuelled the war. issues that many Serious of international violations (IHL) were humanitarian law About during the war. committed killed. Child 100,000 people were Sexual widely used. soldiers were of and the amputation violence some of the limbs were people’s civilians. terrorize means used to million people were than two More their homes. flee from to forced

Exploring Humanitarian Law EHL Exploration 4B: Judicial options 38 STUDENT 4B.8 RESOURCE (2/2) s.4B

Lirio Da Fonseca AS/CP/Reuters How do they work with national with national work do they How courts? primacy the SPSC have over The Timor-Leste. courtsnational of Module 4: Dealing with violations How does this court combine national and international elements? and international does national this courtHow combine Why court? be suspicious of a national defendants might Why victims?might might Why court? victims might an international mistrust Why defendants? Questions: >  >  >  Where are the special panels are Where located? Timor-Leste. In Dili, committed included mass killings, committed and the systematic offences sexual destruction of civilian property. set them up? Who pressure, Under international of up control Indonesia gave in September 1999 Timor-Leste and the territory administered was Nations the United by temporarily (UN), with the objective of preparing In its independence. for Timor-Leste the authority, as the governing role ‘hybrid’ a created UN administration for tribunal called the Special Panels Serious Crimes (SPSC). crimes do the special panels What deal with? hear cases of set up to SPSC were The crimes against humanity, genocide, crimes war and certain crimes under in relation committed law national from Timor-Leste in the events to January October to 1999. the judges? are Who international of two SPSC consist The Timor- judges and one judge from initially selected Judges were Leste. and years three to of two terms for life. for later ‘ H ybrid’ courts: Special Panels for Serious Crimes in Timor-Leste courts make use of both ‘Hybrid’ as law and national international and local prosecutors as foreign well try able to are They and judges. or national cases than purely more courtsinternational do can and to the crimes were where so close to they benefit from Thus, committed. expertiseprosecuting in international and trying crimes war and from knowledge of local circumstances, values. languages and cultural the armed conflict to Background Timor-Leste: in had been a Portuguese Timor-Leste the sixteenth century. since colony to In 1975, discussions related Portugal from its independence clashes between violent led to independence people favouring Timor- and others who wanted part become to of Indonesia.Leste During left Portugal this period, and Indonesia invaded Timor-Leste Timor- the people of After it. in independence for voted Leste 1999, the Indonesian and army militias Timorese pro-Indonesian 1,400 people an estimated murdered flee some 400,000 to and forced they atrocities The their homes. from

Exploring Humanitarian Law EHL Exploration 4B: Judicial options 39 STUDENT 4B.9 RESOURCE (1/2) s.4B

Amel Emric/AP d’Ivoire, Kenya, Mali, Namibia, South South Namibia, Mali, Kenya, d’Ivoire, Zambia and Togo Switzerland, Africa, and persons such arrested have – International the to them transferred Rwanda (ICTR). for Tribunal Criminal Module 4: Dealing with violations serious violations of IHL. This means means This IHL. of violations serious detain, must arrest, States that such persons, or transfer surrender ways other in tribunals the assist and is assistance such whenever too, – Belgium, States Many requested. Côte Cameroon, Benin, Burkina Faso, national courts responsible for trying trying for responsible courts national in reinforced were criminals war well. as Serbia and Croatia cooperate to also required are States tribunalswith ad hoc international prosecution and investigation the in committing of accused persons of

Cooperation between States and States between Cooperation tribunals ad hoc international bring to obliged to are States While trial and punish those who commit of international breaches grave (IHL), the ad hoc humanitarian law primacy tribunals have international actions. States’ over tribunals criminal international hoc Ad the where the State cases to can refer the State to crime committed, was or arrested, was accused the where and willing is that State other any to crimes War cases. such on take to able thus been held in Croatia, trials have SerbiaBosnia and Herzegovina, Inand the Netherlands. response the the deadline established by to Security Nations forUnited Council by work tribunals’ the completing cases referring are tribunals the 2010, increasing with courts national to Herzegovina and Bosnia frequency. Crimes War special a up set even with the volume cope Chamber to be tried; the to have of cases that H ow can national courts help ad hoc international criminal tribunals?

Exploring Humanitarian Law EHL Exploration 4B: Judicial options 40 STUDENT 4B.9 RESOURCE (2/2) s.4B

is a Kinyarwandan word that means means that word Kinyarwandan a is G acaca the strip of to and refers on the grass’ ‘justice conflicts resolve to gathered people where grass community tribunals. informal through *  courts to continued gacaca the revived and reconciliation,pursue truth, justice offenders hold to began also they their actions. for accountable courts Judges in the gacaca members of the respected are elected their community to who are judges’ ‘people’s These posts locally. they take up their before trained are new responsibilities. courts, while of the gacaca work The national the of that to comparable courts, has one major limitation: most the try not may courts gacaca serious crimes; those cases remain formal the of responsibility the courts.network of national courts hadBy 2005, 12,000 gacaca Rwanda. been established throughout AP Module 4: Dealing with violations

Rwandan system of justice, known known justice, of system Rwandan locally as gacaca. system main the was gacaca The the before Rwanda in justice of Its goal of the country. colonization and community reconciliation was While punishment. without healing In addition, it was estimated thatIn estimated addition, it was ICTR the and courts national Rwandan least 100 -150 years need at would their awaited that cases the all try to speed up the process, To attention. government Rwandan the 2002 in traditional a revive to decided How do you think the work of courts at national and international levels complement each other? complement levels and international of courts national at think the work do you How courts their distinctive character? the gacaca give that the elements are What courts in Rwanda Gacaca* means of – a traditional justice administering suspects detained of number the As the grow, to continued Rwanda in in resulted prisons overcrowded deaths. and many conditions awful Questions: >  >  H ow can national courts help ad hoc international criminal tribunals?

Exploring Humanitarian Law EHL Exploration 4B: Judicial options 41 Exploration 4C: Non-judicial options 4C

Exploration 4A introduced students to the reasons for Exploration 4C looks at some non-judicial ways of dealing dealing with violations of international humanitarian with violations of IHL. Students are introduced to options law (IHL), and to different ways of doing so. Explorations such as reconciliation, forgiveness and reparation. They 4B and 4C look more closely at specific mechanisms for learn that bringing perpetrators of war crimes to trial is addressing serious violations of IHL. not the only way to address IHL violations and to leave the In Exploration 4B, students explored instances in which legacy of armed conflict behind. people accused of war crimes were brought to trial.

OBJECTIVES • to understand certain non-judicial approaches that States have chosen to deal with IHL violations • to consider the many perspectives involved – of victims and perpetrators and of the wider society – in efforts to build a peaceful future in the aftermath of IHL violations and human rights abuses • to understand some of the advantages and limitations of non-judicial approaches Module 4: Dealing with violations

TEACHER STUDENT 4C RESOURCES 4C RESOURCES 4C.1 Non-judicial options 4C.2 Worksheet: Addressing the needs of victims and of the community 4C.3 Worksheet: How do truth commissions work? 4C.4 A look at truth commissions 4C.5 Testimonies from truth commissions 4C.6 Voices on the advantages and limitations of truth commissions 4C.7 Apology and forgiveness

PREPARATION Select the truth commission (from “Testimonies from truth commissions”) that you will use with your students for the ‘perspectives’ exercise in steps 3 and 4. Decide how to divide students into the five ‘perspective’ groups. In the Methodology Guide, review teaching methods 1 (Discussion), 2 (Brainstorming), 5 (Role-playing), 7 (Writing and reflecting), 9 (Small groups) and 10 (Gathering stories and news).

TIME Two 45-minute sessions

Exploring Humanitarian Law EHL Exploration 4C: Non-judicial options 42 The exploration 4C

1. INTRODUCE THE FOCUS ON NON-JUDICIAL WAYS (15 minutes) At the end of Exploration 4A, students brainstormed about what else could be done to deal with violations of IHL apart from bringing alleged perpetrators to trial. Take up those ideas again and initiate a discussion. Use those earlier suggestions that students made in order to introduce terms that people around the world have been using: ‘amnesty,’ ‘apology,’ ‘forgiveness,’ ‘reparations,’ ‘truth commission,’ ‘truth and reconciliation commission.’ Ask students to reflect on the meaning of these six terms.

Distribute the worksheet “Addressing the needs of victims and of the community.” TEACHER 4C.1 RESOURCES STUDENT 4C.2 RESOURCES Module 4: Dealing with violations

Ask students to take notes on it as they brainstorm and discuss ideas for dealing with the aftermath of violence. As students offer suggestions, help them group their ideas under the appropriate categories on the worksheet. Ask students to link the examples they give to their own experiences.

Possible question: > If a victim remains traumatized and continues to suffer long after a violent event, how might he or she be helped? [If needed, draw students’ attention to some non-judicial options, such as the return of property, monetary compensation, public apology, psychological or medical services, creation of memorials, removal of officials from office or professionals from their jobs, community reconciliation events, revision of history books]

2. WHAT ARE TRUTH COMMISSIONS? (15 minutes)

Ask students what they know about truth commissions. Then distribute the STUDENT worksheet “How do truth commissions work?”. Together, read the quotation it 4C.3 RESOURCES contains. Ask for reactions.

Possible question: > What does this statement suggest about the way truth commissions work? Instruct students, working in pairs, to write down their ideas about truth commissions on the worksheet.

Reconvene the class. Introduce “A look at truth commissions,” and ask students to STUDENT compare their ideas with the way truth commissions work in reality. 4C.4 RESOURCES

Exploring Humanitarian Law EHL Exploration 4C: Non-judicial options 43 The exploration 4C

3. PERSPECTIVES TO CONSIDER (25 minutes) Tell students that they will look at the work of one truth commission, drawing upon the facts of a particular case.

Distribute copies of the section of “Testimonies from truth commissions” (Timor-Leste, STUDENT Sierra Leone, South Africa, Argentina or Peru) that you have decided to work on. 4C.5 RESOURCES

Explain that the work of truth commissions involves the following perspectives: • Perpetrators present their stories to the truth commission, telling or explaining what crimes they committed during a situation of violence. • Victims present their stories to the truth commission, telling or explaining what happened to them during a situation of violence. • Witnesses present their stories to the truth commission, telling or explaining what

they observed during a situation of violence. Module 4: Dealing with violations • Commissioners hear testimonies and make recommendations about what should be done. • Members of the public react to the information that becomes public and to the commission’s recommendations. Divide the class into five groups, assigning one of the roles listed above to each. Instruct each group to discuss the testimony from the perspective they have been assigned and then prepare their responses to the following questions: > What thoughts and feelings do you think this testimony might evoke? > What outcomes do you hope for? Advise students to draw on their worksheets from steps 1 and 2, when they are preparing their responses to the second question. After about 10 minutes, have each group report its responses to the first question. List their responses by perspective, and display the list where it can be seen by everyone.

Possible question: > What similarities and differences do you see in your responses?

4. EXPLORE POSSIBLE RECOMMENDATIONS (20 minutes) Now have each group present its list of hoped-for outcomes, in response to the second question in step 3. Again, lead a discussion on the similarities and differences in the responses. Then have the class select two or three measures to promote healing and a peaceful future for the whole society. Conclude by asking students to respond in writing to the following question: > How did the perspective you took influence your interpretation of events and your choice of outcome?

Exploring Humanitarian Law EHL Exploration 4C: Non-judicial options 44 The exploration 4C

5. THE VALUE OF TRUTH COMMISSIONS (10 minutes)

Distribute “Voices on the advantages and limitations of truth commissions.” Have STUDENT students work in pairs to discuss the value of truth commissions, using the quotations 4C.6 RESOURCES as well as their own ideas.

Have each pair draw two columns on a sheet of paper and list the advantages and the limitations of truth commissions. After a few minutes, reconvene the class and have students present their views.

6. CLOSE (5 minutes) Stress that judicial and non-judicial ways of dealing with violations of IHL should

complement each other. Module 4: Dealing with violations

Possible question: > How do you think the work done by courts and other ways of dealing with violations complement each other? Point out that both judicial and non-judicial options play a part in dealing with the past and in preventing atrocities in the future.

! KEY IDEAS • There are various non-judicial ways to deal with IHL violations that may be used in addition to bringing alleged war criminals to trial. • Many different perspectives must be considered to help societies move beyond the atrocities in their past. • Truth commissions are useful instruments for uncovering the truth and for providing guidance on ways to deal with IHL violations.

Exploring Humanitarian Law EHL Exploration 4C: Non-judicial options 45 Extension activities 4c

APOLOGY AND FORGIVENESS

Read “Apology and forgiveness,” and respond to Hauss’ opinion in one of the STUDENT three ways suggested. 4C.7 RESOURCES

A TORTURER CONFRONTS HIS MISDEEDS Read the following excerpt:

At a hearing of the South African Truth and Reconciliation Commission, policeman Jeffrey Benzien demonstrated the ‘wet bag’ torture, which involved sitting on a prisoner’s back, stuffing his head into a wet bag and suffocating him nearly to death. A former detainee, Tony Yengeni, confronted Benzien and demanded, ‘What kind of man can do that kind of thing?’ Benzien had no good answer. Module 4: Dealing with violations ‘I (...) have asked myself that question to such an extent that I voluntarily (...) approached psychiatrists to have myself evaluated to find out what type of person I am,’ Benzien replied.

> How do the victim and the perpetrator benefit from having an opportunity to talk to each other? Contrast this with the words of the Russian writer Alexander Solzhenitsyn, who spent almost 10 years in a detention camp under harsh conditions:

If our tormentors had been in our shoes they would have behaved as we did. If we had been in their shoes, we would have been able to become as them.

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Non-judicial options T.4c

To complement judicial ways of dealing with violations States have also decided to construct memorials and of international humanitarian law (IHL) and human museums, open up their archives or revise history rights abuses, various other mechanisms have emerged books in order to face the past squarely (satisfaction). around the world. These approaches shift the focus from the perpetrator to the victim and may have TRUTH-SEEKING FUNCTIONS reparative, truth-seeking and reconciliatory functions. Setting up truth commissions is another option that has been pursued in a number of contexts. Truth REPARATIVE FUNCTIONS commissions play an important role: they investigate There have been a number of examples of efforts to violations of IHL and human rights abuses to establish compensate victims of IHL and human rights abuses for their causes, to help societies come to terms with the their losses and to repair the injury that was done to them. past and to prevent atrocities from happening again. • After the conflicts in Bosnia and Herzegovina and Truth commissions hear the testimony of victims, witnesses Kosovo, for example, commissions were established and perpetrators of IHL violations and human rights abuses.

to resolve land disputes and to ensure that all However, truth commissions are not trials; they are only Module 4: Dealing with violations wrongfully confiscated property was restored to its forums of inquiry to determine the facts of past atrocities. rightful owners (restitution). They are usually established by governments, although • Germany has opted to provide financial compensation for some have been set up by private organizations. They survivors of the Nazi concentration camps and for families publish reports and make recommendations on how of those who perished in the camps (compensation). governments should deal with atrocities. In order to • In Chile, the government has provided monthly facilitate peace and community healing, they might cheques to family members of those who propose different judicial and non-judicial approaches ‘disappeared’ or were killed under the military to deal with IHL violations. dictatorship of Augusto Pinochet (compensation). • The United Nations (UN) set up a claims commission Truth commissions have been created in a variety of to compensate those who suffered as a result of Iraq’s circumstances: after a change in government, as part invasion and occupation of Kuwait in 1990-1991 of a peace agreement, after a civil war or during a (compensation). period of transition from military to civilian rule. They have been set up in a number of countries, including Issuing public apologies is another way of attempting Argentina, Chad, Ecuador, El Salvador, Guatemala, Haiti, to make amends. In 1970, for example, Willy Brandt, the Nigeria, Panama and Uganda. Chancellor of West Germany, sent a powerful message by falling on his knees in Warsaw, Poland, before the monument to the Warsaw ghetto uprising of 1943. Argentina established the first truth commission Thirty-five years later, Gerhard Schroeder, the German (the National Commission on the Disappearance of Chancellor, expressed remorse and shame over the Persons) in 1983 to investigate and uncover the truth Holocaust to survivors of the Nazi concentration about the disappearance of thousands of people under camps. In 1999, Kofi Annan, the Secretary-General the military dictatorship between 1976 and 1983. of the UN, apologized for his organization’s failure to After gathering more than 50,000 pages of evidence, protect the people of the former Yugoslavia and of the commission published its 1984 report, Nunca Más Rwanda (satisfaction). (Never Again), which documented the existence of 340 secret detention camps and the ‘disappearance’ of A number of former Soviet-bloc countries – Albania, more than 8,900 individuals. The report revealed that Bulgaria, the Czech Republic, Germany, Hungary, Poland victims were detained under inhumane conditions and and Slovakia – have found yet another way to deal subjected to humiliating and degrading treatment. with past atrocities. Although they have refrained from bringing alleged perpetrators to trial, they have passed The commission’s recommendations were to begin laws disqualifying and removing from office former judicial investigations, to provide reparations to the Communist officials and collaborators (lustration). victims and their families and to ensure that such violations of human rights never occur again.

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Non-judicial options T.4c

Reconciliatory functions In Sierra Leone, the Truth and Reconciliation Commission In many instances, truth commissions have also sought started its work in 2002 to create a historical record of the to reconcile perpetrators with victims and their families. IHL violations and human rights abuses that occurred Truth and reconciliation commissions have been created during the armed conflict in the country between 1991 in Chile, Timor-Leste, Ghana, Liberia, Morocco, Northern and 1999. The commission also aimed to respond to the Ireland, Peru, Sierra Leone, South Africa and South Korea. needs of victims, to promote healing and reconciliation, South Africa’s Truth and Reconciliation Commission was and to prevent further abuses. created in 1995 to investigate and document serious The 5,000-page report, released in 2004, is based on the human rights violations committed between 1960 and statements of 7,000 people. The report also contained a 1994 under the apartheid regime. The commission separate version for children, since children had played investigated crimes committed by members of the South such a large role, both as victims and as perpetrators African apartheid government as well as those committed of violence, during the war. It revealed a wide range of by resistance groups such as the African National serious violations of IHL and of human rights abuses Congress. Its goal was to achieve personal and political and offered a number of recommendations for legal, Module 4: Dealing with violations reconciliation rather than to prosecute and punish. political and administrative reform, with a special focus Under the commission’s ‘amnesty for truth’ policy, on strengthened protection for children and women. individual perpetrators were not brought to trial for A number of non-judicial solutions for addressing politically motivated crimes if they confessed their violations of IHL have emerged at different times and misdeeds truthfully. Those who did not reveal all the details from different contexts. One feature common to them of their politically motivated crimes or whose crimes is the desire of many societies to find their way back were motivated by personal reasons were not eligible for to peace and to leave their legacy of armed conflict amnesty and were prosecuted under national law. behind. By choosing non-judicial options to deal Testimony was taken from more than 23,000 victims with IHL violations, States decide to acknowledge and witnesses. Out of more than 7,000 applications for and analyse atrocities and to focus on victims’ losses amnesty, the South African Truth and Reconciliation rather than on punishing perpetrators. The aim is to Commission granted amnesty to 849 people. understand and learn from the past, in order to prevent atrocities in the future. In 2002, the UN transitional administration in Timor- Leste established the Commission for Reception, Sources: David Bloomfield, Teresa Barnes (eds), Reconciliation After Violent Truth and Reconciliation to investigate human rights Conflict: A Handbook, International Institute for Democracy and Electoral Assistance, Stockholm, 2003. Emanuela-Chiara Gillard, “Reparation for violations committed between 1974 and 1999, a violations of international humanitarian law,” International Review of the period during which Timor-Leste was under Indonesian Red Cross, Vol. 85, No. 851, September 2003. Pierre Hazan, “Measuring the impact of punishment and forgiveness: a framework for evaluating authority. The aims of the truth commission were to transitional justice,” International Review of the Red Cross, Vol. 88, No. 861, facilitate reconciliation and the re-integration of minor March 2006. Laura Olson, “Mechanisms complementing prosecution,” International Review of the Red Cross, Vol. 84, No. 845, March 2002. Elizabeth criminal offenders who submitted confessions and to G. Salmón, “Reflections on international humanitarian law and transitional recommend measures for preventing future abuses and justice: lessons to be learnt from the Latin American experience,” for addressing the needs of victims. International Review of the Red Cross, Vol. 88, No. 862, June 2006. The truth commission’s report, which was released in 2005, was based on the testimony of more than 7,000 victims. The commission found that the deaths of nearly 103,000 Timorese people – by starvation and torture, for instance – were linked to the 24-year Indonesian rule. The commission made recommendations for judicial proceedings against the perpetrators, initiated national reparation programs, helped with the process of reconciliation and suggested measures to the government for the prevention of further abuses.

Exploring Humanitarian Law EHL Exploration 4C: Non-judicial options 48 STUDENT 4C.2 RESOURCE

Worksheet s.4c Removing officials from officials Removing their positions (lustration) Module 4: Dealing with violations Restoring the victim’s the victim’s Restoring or psychological physical health (rehabilitation) Remedying losses that Remedying losses that cannot be paid for (satisfaction) Paying money for losses for money Paying (compensation) Re-establishing the pre-violationsituation (restitution) Addressing the needs of victims and community Addressing classmates. as those of your ideas as well own your down write to use this worksheet and discusses ideas, class brainstorms your As

Exploring Humanitarian Law EHL Exploration 4C: Non-judicial options 49 STUDENT 4C.3 RESOURCE

Worksheet s.4c Module 4: Dealing with violations What are truth commissions? truth are What establishes them? Who their goals be? might What do? do they What Just imagine that every one of us one small in our pocket carries (...) It might be a memorytreasure. Or star. of cloth or a fallen or a piece of a broken it might be the fragment heart. is our very That story own tell. to and it may be It will be most precious, study (...) If we very recall. painful to will come we the truth very carefully, will and we understand each other, to understand what happened to come will learn from (...) We in our country. that [this sure the story make to how happens again. never horror] Reconciliation and Truth the from – of the Children Report:Commission For Leone Sierra H ow do truth commissions work?

Exploring Humanitarian Law EHL Exploration 4C: Non-judicial options 50 STUDENT 4C.4 RESOURCE s.4c Module 4: Dealing with violations of property return of or place residence; certain  removing officials from public service; promote to  community events social healing; history revising present books to the truth. Truth commissions publish reports commissions Truth on and make recommendations should deal with governments how peace facilitate Into order atrocities. they might and community healing, measures: the following propose • • monetary compensation; • public apologies; • or medical services; psychological • setting up memorials; • • • to the truth in order uncover  to as suffered have help societies that of armed conflicta result or other of violence; forms ever from atrocities prevent  to happening again. A look at truth commissions hear the commissions Truth of victims of international testimony and (IHL) violations humanitarian law Perpetrators of human rights abuses. them. before and witnesses testify not trials; they are commissions Truth establishing the facts for forums are of past atrocities. most importantThe aims of truth are: commissions • • with the past; terms to come to • also seek to may commissions Truth victims and perpetrators. reconcile usually established by are They although some have governments, organizations. private been set up by

Exploring Humanitarian Law EHL Exploration 4C: Non-judicial options 51 STUDENT 4C.5 RESOURCE (1/5) s.4c

Beawiharta/Reuters Module 4: Dealing with violations What thoughts and feelings do you think this testimony might evoke? might testimony think this do you feelings and thoughts What hope for? do you outcomes What From the perspective of your group (perpetrator, victim, witness, (perpetrator, group the perspective of your From member of the public): commissioner, >  > 

When the Indonesian troops invaded invaded troops Indonesian the When and house our to straight came they in Kaimauk and Raul brothers my shot of Quintal residents (...) The of me. front cousin My hills. the to fled all had Boot But house. the in stay to chose I and chaotic more became as the situation and then [we] Tereiro, to both of us fled Hospital. Lahane the to again moved We for two in Lahane days. stayed We not did we because hungry very were of my rest eat. (...) The to anything have know (...) I don’t scattered. was family to. ran they where Lopez of Benvinda Testimony –

T imor -L este In 1975, Indonesia invaded Timor- In 1975, Indonesia invaded colony). (then a Portuguese Leste Timor-Leste the people of After in 1999, the independence for voted pro-Indonesian and army Indonesian an murdered militias Timorese forced and people 1,400 estimated their from flee to 400,000 some committed they atrocities The homes. sexual killings, mass included destruction systematic and offences of civilian property. established was A truth commission the human investigate in 2002 to in committed rights violations 1974 and 1999, between Timor-Leste perpetrators help re-integrate to their of less serious crimes into to recommend and to communities prevent to measures the government further abuses. Testimonies from truth commissions from Testimonies

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Brennan Linsley/AP Module 4: Dealing with violations What thoughts and feelings do you think this testimony might evoke? might testimony think this do you feelings and thoughts What hope for? do you outcomes What From the perspective of your group (perpetrator, victim, witness, (perpetrator, group the perspective of your From member of the public): commissioner, >  > 

A truth commission was established was A truth commission record a historical create in 2000 to and human of the IHL violations committed were rights abuses that respond 1991 and 1999, to between promote the needs of victims, to to and to healing and reconciliation further prevent abuses. and kill to made and drugged were We our and sisters and brothers our destroy beaten, were We fathers. and mothers (...) and used as sex slaves. amputated Our hands, which were meant to be used used be to meant were which hands, Our used for play and schoolwork, were freely destroy. and kill burn, to force, by instead, and Reconciliation Truth the – from the Children Report:Commission For Leone of Sierra

L eone S ierra Sierra Leone suffered through an through suffered Leone Sierra between civil war extremely violent 1991 and 1999, in which a rebel called the Revolutionarygroup the (RUF) fought Front United of the country’s Control government. rich one of the diamond mines was fuelled the war. issues that many Serious of international violations (IHL) were humanitarian law About during the war. committed killed. Child 100,000 people were Sexual widely used. soldiers were and the cutting off of violence often the means limbs were people’s than More civilians. terrorize used to to forced million people were two their homes. flee from Testimonies from truth commissions from Testimonies

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Mike Hutchings/AP Module 4: Dealing with violations What thoughts and feelings do you think this testimony might evoke? might testimony think this do you feelings and thoughts What hope for? do you outcomes What From the perspective of your group (perpetrator, victim, witness, (perpetrator, group the perspective of your From member of the public): commissioner, >  >  Now eventually I was taken out of the taken I was eventually Now had a (...) They the police. house by after immediately I got out of thebaton; baton the with up me beat they house, run. While I tried to I body. my all over they tripped me and I still running, was cover kicking I tried to they were me, fell, face my want I didn’t because face my too but they were be injured at least to me. they overpowered for me, many minutes. 30 for lasted agony whole ...The I that discovered I that of result a As and I well, work – I couldn’t write couldn’t behaviour my mentally, affected also was at changed aftertotally that. (...) Even problems, enormous encounter I school affects really that short, too is memory my old. 19 years (...) I was at school. me now Mqikela Walter Mlandeli of Testimony –

A frica S outh In South serious Africa, violations committed of human rights were during the struggle (1948-1994) South African The against apartheid. apartheid restricted where regime what live, people could non-white type hold and what jobs they could receive. they could of education in established was commission truth A gross document and investigate to 1995 of human rights committedviolations attempt 1960 and 1994 to between truthThe bring about reconciliation. to for truth’ ‘amnesty offered commission willing were who perpetrators those to crimes. their confess to Testimonies from truth commissions from Testimonies

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Daniel Garcia/AFP/Getty Images Module 4: Dealing with violations What thoughts and feelings do you think this testimony might evoke? might testimony think this do you feelings and thoughts What hope for? do you outcomes What From the perspective of your group (perpetrator, victim, witness, (perpetrator, group the perspective of your From member of the public): commissioner, >  >  1 heard a (...) 1 heard Between 11 and 11.30p.m loud knocking home at the door of my just I was Buenos Aires city. in Belgrano, Simón. son, my breast-feeding finishing and down, broken door The was between and fifteen men dressed ten in everyday clothes burst in. They as members of identified themselves armies. and Uruguayan the Argentine was said his name One of the officers of the Uruguayan Major Gavazzo, material found written They army. for the working I was which showed in Uruguay; they then of freedom cause torturebegan to me. and interrogate what I asked When me away, they took me told They the boy. happen to would stay with that he would worry, not to against them, that they had no war the last time I saw was That children. news of him. had any Simón or have of the mother Simón Testimony – Riquelo Antonio

A rgentina From 1976 until 1983, Argentina 1983, Argentina 1976 until From of military a succession ruled by was people During period, that regimes. suspected of opposing the who were killed deliberately were government Itor tortured. has been estimated 10,000 and 30,000 between that ‘disappeared.’ people established was A truth commission and to investigate in 1983 to the truth about crimes uncover under the various militarycommitted task was commission’s The regimes. of an unbiased account provide to the pass on to and to the events court the criminal cases that system it had identified. Testimonies from truth commissions from Testimonies

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Silvia Izquierdo/AP Module 4: Dealing with violations What thoughts and feelings do you think this testimony might evoke? might testimony think this do you feelings and thoughts What hope for? do you outcomes What From the perspective of your group (perpetrator, victim, witness, (perpetrator, group the perspective of your From member of the public): commissioner, >  >  I asked them, ‘WhyI asked taking my you are had he that said they and away’ son be a witness and that they would to the me at the door to him back to give with up caught I When (...) barracks. and me pushed they door, the at them bullet a put to wanted They me. beat and me from son my took they me, in started I and truck army the in him put Since woman. mad a like shouting been going all over that day I have get to trying night and day place the went I when and son my return to them me that he they told see the army, to walked I so and there taken been hadn’t mad a like fortnight another for around son sent me a that point my At woman. ‘Mother, saying, barracks the from note lawyer, a find barracks, the in here am I get me out.’ get hold of some money to last memory is my That son. That of my there... was son my that evidence is note Mendoza of Angélica Testimony – P eru From 1980 to 2000, Peru suffered suffered 2000, Peru 1980 to From between civil war a violent through main and two forces government the Sendero guerrilla groups: and (Shining Path) Luminoso Revolutionary Amaru Tupac the In those twenty (MRTA). Movement in the fighting those involved years, and widespread for responsible were killings, brutal physical systematic disappearances forced assaults, extra-judicial scale, on a massive acts of torture and other executions, of ill-treatment. forms unlawful set up in was A truth commission establish to 2001 with a mandate the surrounding the circumstances human rights abuses and violations 1980 and 2000. between committed Testimonies from truth commissions from Testimonies and Truth The Report (http://www.cavr-timorleste.org/chegaReport.htm). CAVR Chega! The (http://www.easttimor-reconciliation.org). Timor-Leste in and Reconciliation Truth Reception, for Commission Sources: (http://trcsierraleone.org/drwebsite/ Leone of Sierra (http://www.trcsierraleone.org/pdf/kids.pdf). Commission & Reconciliation Leone Report of Sierra Report:the Children Commission Final The Reconciliation of the Truth For report – 1984 (http://www.nuncamas.org/ – CONADEP Again) (Never Más Nunca Argentina: (http://www.doj.gov.za/trc/trc_frameset.htm). Website Commission and Reconciliation Truth South Africa: publish/index.shtml). english/library/nevagain/nevagain_001.htm).

Exploring Humanitarian Law EHL Exploration 4C: Non-judicial options 56 STUDENT 4C.6 RESOURCE s.4c Do you think people Do you who admit their crimes should go and apologize unpunished? think non- do you How could judicial ways judicial ways? supplement Questions: >  >  Module 4: Dealing with violations Justice is a necessary but Justice condition, reconciliation. it is not sufficient for (...) [If] the that led to the conditions then clearly not changed, are conflict re-ignite could and the the conflict of investigating whole painful process will justice the truth and administering as the solutions been for nothing, have the basic found will not resolve violence. that lead to problems Febres, – Salomón Lerner and Reconciliation Truth President, 2006 Peru, Commission, occupation, Japanese of course the In rule, authoritarian and War, Korean the from suffered people innocent many and violence unjust and inhumane the uncover to failed We massacres. On reconciliation. about bring and truth victims the time long a for contrary, the state by silence into been forced have been have families their and agencies, shall try toleft in deep anguish. (...) We occurring from wrongs such prevent proper the leave future, the in again and come, to generations the for lessons human and justice of value the promote community. rights in the international Truth of the – Song Ki In, President Commission, and Reconciliation 2006 Republic of Korea, The fact that, in front of the victim that, in front or fact The of the victim, an executioner the family that he deliberately recognizes a that he stored somebody, murdered else or somewhere bomb in a church it is a beginning kill, to with the intent victims (...) Many are of justice. restored were they because satisfied, and their sufferings in their dignity, Other victims are recognized. were they find that the dissatisfied because too lightly. get off murderers African South Goldstone, Richard – the for prosecutor former judge, the for Tribunals International Criminal and Rwanda, 1998 Yugoslavia former was government Rwandan The achieve to that the only way convinced and bring national reconstruction the people of Rwanda to lasting peace done, was it that justice see to to was hope for an illusion to and that it was co- understanding or peaceful any unless the people who were existence in the for and involved responsible first punished. crimes were Rwandan Nteziyayo, – Faustin 1998 Minister of Justice, oices on the advantages and limitations of truth commissions In the quotations that follow, follow, that In the quotations been personally people who have determining in involved of dealing with ways appropriate humanitarian law international rights human and violations (IHL) and raise their views abuses give of non- questions about the value judicial solutions. past, our at look to want we said We hadn’t it that pretend to want didn’t we us look the beast in the Let happened. not is Forgiveness on. move then eye it is crucial in howsomething nebulous, past. the of legacy the with deal to get you and revenge. Its is retribution opposite Prize Nobel Peace Tutu, – Desmond winner and Chairman of the South and Reconciliation Truth African 2003 Commission, for a societyIn order be made whole to what recognize it has to afterward, punish and victims the repair happened, doesn’t That wrong. did who those but jail, in abusers put to have you mean required be should they least very the at apologize. and sins their confess to – Martin of the Director Abregu, and Social Studies, Legal for Centre 1998 Argentina, V

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Module 4: Dealing with violations in about the issues raised views your explaining an essay  Write writing. Hauss’ know in which apologizing a story or someone you about you  Write or in in easing a painful situation, instrumental were and forgiving which the act of apologizing had no impact on the situation. in which a with a classmate a short dramatization  Prepare confrontation over an event in the past results in an apology on one in the past results an event over confrontation the to the dramatization Present on the other. side and forgiveness theirs. and ask the class for reactions it, to discuss your Then class. Respond to the opinions of the author by presenting your own own your presenting the opinions of author by Respond to response: your for Choose one of these ways and feelings. thoughts • • • Charles Hauss, “Apology and Forgiveness,” and Forgiveness,” “Apology Charles Hauss, Source: (eds), Beyond Heidi Burgess in Guy Burgess, Consortium, Conflict Research Intractability, September Boulder CO, of Colorado, University 2003 (http://www.beyondintractability.org/essay/ apology_forgiveness/). The oppressors who committed human human committed who oppressors The have atrocities other and violations rights and actions their for responsibility take to An apology beapologize. heartfelt has to remorse for past actions.and reflect true if it is made still matter An apology can generations several is who someone by the abuses. from removed the victims of By the same token, find the space to have those atrocities in their hearts those who forgive to the pain though victimized them, even disappear. and suffering will never is just as importantBut forgiving as apologizing society in any which behind put its struggles wishes to and peaceful a more it and create future. cooperative people after the fighting stops, Even and fear, still feel the pain, hurt, anger, and the conflict that produced hatred Without in the first place. its horrors people apology and forgiveness, that systems in the value locked remain Little progress the conflict. produced can be made. a ceasefire beyond Apology and forgiveness societies of violence, situations After and to rebuild to ways for search and psychological heal the physical by individuals damage suffered Public and the society as a whole. leaders government by apologies as as well and perpetrators, from of forgiveness expressions as many by regarded victims, are therefore, and, being constructive, important of in healing the wounds damaged societies. is taken from excerpt following The a the writings of Charles Hauss, and of political science professor resolution. conflict two are Apology and forgiveness sides of the same emotional coin. ways constructive reflect the They in and the oppressed the oppressors to grips with the pain come can conflict conflictproduced. and suffering the

Exploring Humanitarian Law EHL Exploration 4C: Non-judicial options 58 Media page 4 Module 4: Dealing with violations What actions being taken? By whom? What are issue? at are violations What of the case? status is the current What think will happen next do you and why? What to become aware of efforts being made to deal with violations of international of efforts of international to deal with violations being made aware become to the world home and around (IHL) at humanitarian law Select an article or magazine a special report a newspaper or radio on television from IHL violations. about effortsto address national courts, truth commissions] military through tribunals, international example: tribunals, [For Describe the situation. > > > > and report selected. on the case you follow to Continue OBJECTIVE • 1.  2. 3.

Exploring Humanitarian Law EHL MODULE 4: Dealing with violations 59 Assessment 4

METHODS OF ASSESSMENT

ONGOING ASSESSMENT

Exploring Humanitarian Law (EHL) provides teachers with daily opportunities to find out what their students are learning and what misconceptions they might have. Active teaching methods, such as class discussion, small group work, brainstorming and role-playing all provide such opportunities. Take five minutes at the end of class to have students write down one- or two- sentence answers to the following questions: > What did you learn today? > What remaining questions do you have? Read through their responses, and use them to build on students’ knowledge and clarify any misconceptions for the next lesson. Module 4: Dealing with violations

PORTFOLIO OF Student WORK

In each module, students are asked to carry out activities such as interviewing people, illustrating concepts with poems, plays or artwork and writing research papers on particular topics. Keep a folder or portfolio for each student, containing written work, artwork, interviews and news clippings that he or she has contributed in class. Periodically go over the student’s work with him or her to monitor progress in understanding international humanitarian law (IHL). Post samples of students’ work where all can see.

END-OF-MODULE QUESTIONS

After Module 4 is completed, you might want to devote the last class session to a written assessment of what students have learned. You could do this with one essay question (20-30 minutes) and two or three short-answer questions (10 minutes each).

Possible essay questions: > What are some of the difficulties faced in implementing IHL? Give concrete examples. > Describe the main judicial options for dealing with violations of IHL. > Describe the main non-judicial options for dealing with violations of IHL.

Possible short-answer questions: > What responsibilities do commanders of armed forces or groups have for bringing alleged perpetrators to court? > List some advantages that ‘hybrid’ courts may offer over purely national or purely international courts. > What are the key aims of truth commissions?

Exploring Humanitarian Law EHL MODULE 4: Dealing with violations 60 Assessment 4

You could ask students to formulate other questions in small groups and then select one of them as the essay question for the whole class. Or you could ask each student to propose a question and then answer it. (The student would be assessed on the quality of the question as well as on the answer.) Or you could select a quote from a newspaper article, a sidebar in the materials or another source and ask students to identify the main point being made in the quote and whether they agree or disagree with it.

CRITERIA FOR ASSESSMENT

An effective student response is one which: • uses concepts, such as bystander, combatant, dilemma or chain reaction and other terms in the EHL materials; • gives concrete examples to back up points;

• includes examples from a variety of sources, such as the news media, interviews, Module 4: Dealing with violations class discussion and outside reading. The above techniques are simply suggestions to help you assess your students’ work on the EHL materials. Feel free to adapt them to your needs.

Exploring Humanitarian Law EHL MODULE 4: Dealing with violations 61 Web resources 4

JUDICIAL OPTIONS • International criminal jurisdiction, International Committee of the Red Cross (http://www.icrc.org/web/eng/siteeng0.nsf/htmlall/section_ihl_international_ criminal_jurisdiction?opendocument) • Prosecuting war criminals under international humanitarian law, International Committee of the Red Cross (http://www.icrc.org/web/eng/siteeng0.nsf/htmlall/5kzmnu?opendocument) • International justice, Amnesty International (http://web.amnesty.org/pages/jus-index-eng) • Nuremberg War Crimes Trials, Yale Law School (http://www.yale.edu/lawweb/avalon/imt/imt.htm) • International Criminal Tribunal for the Former Yugoslavia

(http://www.un.org/icty) Module 4: Dealing with violations • International Criminal Tribunal for Rwanda (http://www.ictr.org) • International Criminal Court (http://www.icc-cpi.int) • Special Court for Sierra Leone (http://www.sc-sl.org) • Court of Bosnia and Herzegovina (http://www.sudbih.gov.ba/?jezik=e) • Special Panels for Serious Crimes in Timor-Leste (http://www.jsmp.minihub.org/courtmonitoring/spsc.htm) • Trial Watch (http://www.trial-ch.org/en/trial-watch.html)

NON-JUDICIAL OPTIONS • Timor-Leste: Commission for Reception, Truth and Reconciliation (http://www.cavr-timorleste.org) • Sierra Leone: The Final Report of the Truth and Reconciliation Commission (http://trcsierraleone.org/drwebsite/publish/index.shtml) • Sierra Leone: Truth and Reconciliation Commission Report for the Children of Sierra Leone (http://www.trcsierraleone.org/pdf/kids.pdf) • South Africa: Truth and Reconciliation Commission (http://www.doj.gov.za/trc) • Argentina: National Commission on the Disappearance of Persons Report – Nunca Más (Never Again) (http://www.nuncamas.org/english/library/nevagain/nevagain_001.htm) • Peru: Final Report of the Truth and Reconciliation Commission (http://www.cverdad.org.pe/ingles/pagina01.php) • International Centre for Transitional Justice (http://www.ictj.org/en/index.html)

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