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Conference Report Nuremberg Forum 2017 INTERNATIONAL NUREMBERG PRINCIPLES ACADEMY Conference Report Nuremberg Forum 2017 10 Years after the Nuremberg Declaration on Peace and Justice “The Fight against Impunity at a Crossroad” 20171 INTERNATIONAL NUREMBERG PRINCIPLES ACADEMY 2 Acknowledgements The International Nuremberg Principles Academy (Nuremberg Academy) is proud to present this compre- hensive publication on the Nuremberg Forum 2017, entitled “10 Years after the Nuremberg Declaration on Peace and Justice ‘The Fight against Impunity at a Crossroad’”, which took place in Courtroom 600 at the Nuremberg Palace of Justice on 20 and 21 October 2017. The Nuremberg Academy wishes to acknowledge all those who have made the Nuremberg Forum 2017 a success and this publication possible. The success of the conference owes to the executive leadership at the Nuremberg Academy and to the vision and commitment of its Director Klaus Rackwitz. Special thanks go to Ambassador (ret.) Christian Much who acted as Interim Director leading the discussion and direction of the conference during summer 2017 and was key organizer of the “Building Peace and Justice” conference in Nuremberg in 2007 that resulted in the Nuremberg Declaration on Peace and Justice. Moreover, David Tolbert and the International Center for Transitional Justice (ICTJ) were an invaluable source of support in the preparation for this conference over the summer months in 2017 and deserve a special mention here. Furthermore, thank you goes to the Nuremberg Academy staff and their dedication and tireless efforts in organizing the Nuremberg Forum. Finally, the invaluable support of the Foundation Board and the Advisory Council of the Nuremberg Academy is gratefully acknowledged. Profound gratitude goes to all speakers of the Nuremberg Forum 2017 who demonstrated continuous engagement and generosity in sharing their expertise and profound insights and kindly submitted original written contributions for this compilation. In terms of the publication itself, sincere thanks go to Farah Mahmood, former staff member, for her commitment and professionalism in editing the present report. With regard to final editing, coordinating and ensuring the successful completion of this publication special thanks go in particular to Jolana Makraiová, and to Dr. Viviane Dittrich. 03 INTERNATIONAL INTERNATIONAL NUREMBERG NUREMBERG PRINCIPLES PRINCIPLES ACADEMY ACADEMY List of Abbreviations AU African Union CAR Central African Republic DDR Disarmament, demobilization and reintegration DRC Democratic Republic of Congo ECCC Extraordinary Chambers in the Courts of Cambodia EU European Union ICC International Criminal Court ICD International Crimes Division of the High Court (Uganda) ICTJ International Center for Transitional Justice ICTR International Criminal Tribunal for Rwanda ICTY International Criminal Tribunal for the former Yugoslavia IIIM International, Impartial and Independent Mechanism on international crimes committed in the Syrian Arab Republic ISIL/ISIS Islamic State of Iraq and the Levant KSC Kosovo Specialist Chambers MINUSCA UN Multidimensional Integrated Stabilization Mission in the Central African Republic NGO Non-Governmental Organization OTP Office of the Prosecutor RAMSI Regional Assistance Mission Solomon Islands SCC Special Criminal Court (Central African Republic) SCSL Special Court for Sierra Leone SDGs Sustainable Development Goals SJP Special Jurisdiction for Peace (Colombia) STL Special Tribunal for Lebanon TJRC Truth, Justice and Reconciliation Commission TRC Truth and Reconciliation Commission UN United Nations VPRS Victims’ Participation and Reparation Section 404 4 List of Abbreviations 7 Introduction 8 Welcome Address 8 Klaus Rackwitz 8 Viviane Dittrich 9 Opening Remarks Table of Content 9 Guido Hildner 9 Navi Pillay 10 Christan Schmidt 11 Keynote Address 11 Silvia Fernández de Gurmendi Panel I 16 The Nuremberg Declaration on Peace and Justice Today 18 Navi Pillay 20 David Scheffer 22 David Tolbert Panel II 24 Justice, Prevention and Ending Impunity 26 Chandra Lekha Sriram 28 Viviane Dittrich 29 Susanne Buckley- Zistel Panel III 32 Forgotten Voices – Catering to the Needs of Victims 34 Anita Ušacka 36 Sarah Kihika Kasande 38 Fiona McKay Panel IV 40 Reconciliation 42 Betty Murungi 43 Alison Smith 45 Velma Šari´c Panel V 48 Development in the Service of Transitional Justice 50 Marieke Wierda 52 Chris Mahony 53 Andras Vamos- Goldman Panel VI 56 Political Impediments to the Fight against Impunity 58 Serge Brammertz 60 Maria Camila Moreno 62 Athaliah Molokomme Panel VII 64 Peace and Justice – Lessons Learned 66 Richard Dicker 67 Nicola Palmer 70 Michael E. Hartmann Panel VIII 74 Peace and Justice – Current Challenges 76 Nelson Camilo Sánchez León 77 Patryk Labuda 78 Radwan Ziadeh 80 Kelly Case 82 Closing Remarks 82 Zeid Ra’ad Al Hussein 82 Viviane Dittrich Annexes 84 Program of the Nuremberg Forum 2017 86 Biographies of Contributors 98 2007 Nuremberg Declaration on Peace and Justice 102 The International Nuremberg Principles Academy 05 INTERNATIONAL NUREMBERG PRINCIPLES ACADEMY 06 Introduction This conference report builds on the high-level discussions during the Nuremberg Forum 2017 and captures key arguments, central debates, various perspectives and lessons learned. The Nuremberg Forum 2017, the third such annual conference of the Nuremberg Academy, was entitled “10 Years after the Nuremberg Declaration on Peace and Justice ‘The Fight against Impunity at a Crossroad’”. The conference elucidated developments since 2007 with a particular focus on analyzing progress and challenges in the application of international criminal law and humanitarian law and related human rights, and in the fight against impunity. The Nuremberg Declaration on Peace and Justice is a summary document that came out of high-level conference entitled “Building a Future Peace and Justice” held in Nuremberg in June 2007. UN mediators, practitioners and civil society representatives had gathered in Nuremberg to discuss and analyze the synergies and tensions between the goals that need to be tackled in post-conflict situations: peace and security, justice and development. Courtroom 600 of the Nuremberg Palace of Justice provided a congenial setting to critically discuss past, present and future synergies and tensions between peace and justice and the role of international criminal law. The Nuremberg Forum 2017 represented a unique, timely opportunity to reflect on a decade of practice and actual synergies between peace, justice, security, and development and the high-level “Building a Future Peace and Justice” conference that took place in Nuremberg in 2007. Arising from these conclusions, the 2007 Nuremberg Declaration on Peace and Justice came to light, focusing on transitional justice related questions and more broadly on the peace and justice agenda. This is the link where the Nuremberg Academy is principally invested – ensuring sustainable peace through justice is one of its main goals and it trusts that addressing these synergies and learning from the past lessons can help and advance the future addressing of issues such as development programs, inclusion into peace process, especially when it concerns inclusion of women and all parties that are relevant to the conflict and importance of accountability and adherence to human rights standards. The Nuremberg Academy welcomed more than 30 leading experts in the field as speakers, including practitio- ners, policy makers and academics – many of whom had participated in the conference back in 2007. By bringing together distinguished academics and practitioners with a broad wealth of relevant expertise and experience, the Nuremberg Academy provided for a forum for dialogue and critical reflection, and contributed to disseminating knowledge and sharing experiences with a goal of advancing these discussions. The Nuremberg Forum 2017 provided an invaluable opportunity to critically discuss contemporary issues against the backdrop of current political and legal developments: interlink between peace and justice, the role of victims in international criminal justice, political impediments to the justice agenda, lessons learned and challenges ahead. Several case studies were presented and discussed exemplifying the complex interplay between peace and justice. The publication covers manifold topics and different perspectives from various leading experts, including practitioners, scholars, civil society actors in the field. Subjects covered included the relevance of the Nuremberg Declaration today and the need to start thinking ahead and take lessons learned from the past in order to be effectively able to address newly arising issues. The last two panels zoomed in on comparative lessons learned and challenges ahead offering a more empirical lens to evaluate the often-theorized complementary or conflicting relationship between peace and justice. This conference publication represents a unique collection of contributions and reflects the presentations and discussions of the Nuremberg Forum. To this end, the Nuremberg Academy invited all speakers of the Nuremberg Forum 2017 to submit a written contribution in response to a specific question raised during the Forum and linked to the overall conference theme, closely reflecting the presentations given during the conference. Each question was carefully tailored to allow a nuanced and comprehensive view of issues arising in relation to the 2007 Nuremberg Declaration on Peace and Justice throughout the two-day conference and the juxtaposition of theory
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