The Hague Institute for Global Justice Fact-finding and building blocks for programming The Hague, The Netherlands City of Peace and Justice Table of Contents Summary p. 03 Part I | Introduction p. 07 Part II | The Parameters and the Approach p. 10 1. The Parameters p. 11 2. The Approach p. 12 3. Sources of information p. 13 Part III | The Hague DNA and Trends p. 14 1. The Hague DNA p. 15 2. Trends P. 16 3. Combining DNA and Trends p. 17 Part IV | Towards Global Justice p. 18 1. Substantive elements p. 19 2. Methods and substance p. 23 3. Partnerships p. 25 4. Summarizing p. 30 Part V | Five proposed Focus Areas for partnerships p. 31 1. Focus Area/partnership 1 | Towards ´fact-based´ justice: Verifying methods p. 34 and testing assumptions 2. Focus Area/partnership 2 | Conflict zones: Integrating security, justice p. 38 and development perspectives 3. Focus Area/partnership 3 | Courts and conflict mechanisms: towards examples p. 42 of excellence 4. Focus Area/partnership 4 | Making promises stick: compliance with self-regulation p. 47 and human rights 5. Focus Area/partnership 5 | Growing justice bottom up: models for institutions p. 50 Part VI | Conclusions p. 54 Annex 1 | Concrete results in the pipeline/knowledge gaps p. 57 Annex 2 | Others Ideas considered p. 58 Annex 3 | Comments received and processed p. 61 Annex 4 | Great gifts received during the process that made us silent p. 68 Annex 5 | Thank you … for … p. 69 Annex 6 | Consultation List p. 71 The Hague Institute for Global Justice 1 Preface Between September and November 2010 a unique process took place in The Hague in which 150 people intensively interacted with a view to bringing out the core of what 'the Hague' can offer the world in the field of peace and justice within the context of the newly established Hague Institute for Global Justice(HIGJ). The results of the interactive process are presented in this report. It is written by the Commission established by the Interim Steering Board of the HIGJ in order to give guidance to this process. It consisted of Sam Muller, Jouke de Vries, and Maurits Barendrecht and had the task to explore building blocks for a draft substantive programme for the Institute on the basis of which the International Dean (to be appointed) can further develop the final programming. Sergey Vasiliev provided invaluable research and drafting support during the process. The Commission further received hugely valuable assistance and support from Karen van Stegeren, Ed Maan, Carsten Stahn, Evelien van Hoeve and Karen Russel, for which it is very grateful. The report could also not have been written without the many contributions that were received, orally and in written form, from the people that were part of the interactive process that lies at the heart of this report. To all participants and contributors, whose joint input and collective wisdom is built on many, many years of experience in the rule of law and justice sector in The Hague and far beyond, a warm wor of thanks is owed. The Commission worked closely with board of the Hague Academic Coalition and the staff from its member Institutions and is grateful for that excellent cooperation. Finally, the Commission would like to thank Mayor Jozias van Aartsen, Annet Bertram and the project team of the HIGJ for the tremendous work they have put into getting the HIGJ as far as it is now and for giving us the space and support to do our work. Given all the input and support, the report and its contents remain the sole responsibility of the Commission The Hague, February 2011 Sam Muller Maurits Barendrecht Jouke de Vries Director HiiL Professor of Private Law Professor of Public Administration Hague Institute for the Tilburg University at Leiden University in Leiden Internationalisation of Law and Scientific Director of Leiden - University Campus The Hague 2 Summary Making justice more quantifiable and qualifiable and, with that, building better conflict resolution mechanisms. This proposal for building blocks for the substantive programme of the Hague Institute for Global Justice (HIGJ) is based on the Mission of the HIGJ as contained in the founding project document and the terms of reference provided to the Commission. It was written in the course of an interactive process with over 150 stakeholders. In line with these parameters, the report contains a description of the general „The Hague‟ knowledge base which can form the foundation for the work of the HIGJ, concrete areas in which „quick wins‟ on highly relevant areas can be achieved, all connected to demand and opportunities for further funding. The stakeholder consultation involved experts and institutions – national and international, academia and practice – from the The Hague “global justice cluster” (i.e. law/justice, in relation to safety/security and social and economic development). In accordance with the terms of reference, the programming process was directed at exploring concrete options for strategic alliances/partnerships that contribute to the objectives of the HIGJ to (i) stimulate innovation and coherence; (ii) bring together international demand and best, most innovative expertise in the world; (iii) build global networks on the highest level, aimed at innovation and valorization. Stakeholders identified demand for an Institute in The Hague that focuses on what works in conflict resolution mechanisms as a means to achieve justice for all people concerned. This, in two steps: (i) quantify and qualify as clearly as possible what justice is and (ii), based on that, build, develop better conflict resolution institutions and processes. In one of the workshops, this was worded as “an institute that helps make clear whether justice is done, is seen to be done, and is felt to be done” and which, on that basis, can improve and build effective justice mechanisms. The current report contains the building blocks for four promising strategic partnerships, based on needs, expertise and cooperation that is already there or potentially there. The report reaches four overall conclusions: Putting the notion of justice at the core of the new Institute makes good sense. It is not being done anywhere else in this way. And it complements efforts elsewhere in which notions such as „peace‟ (for example, the Global Peace Index), „rule of law‟ (for example, the World Justice Project), and „good governance‟ (for example, the World Bank) are quantified and qualified with a view to developing better peace, rule of law, and governance. The seven assessment criteria from the terms of reference provided to the Commission are very good and tremendously valuable as an organising foundation; The Hague Institute for Global Justice 3 The partnership approach, suggested by the terms of reference is the best approach, also given the requirement to generate value added. In these partnerships excellent research groups join forces with diplomats, courts and NGO‟s, co-developing examples of excellent conflict mechanisms, using justice as a benchmark. There are four substantive areas in which the new Institute can make a difference, which correspond to embryonic partnerships, and which provide a good horizon to quick wins and medium term results. These substantive areas complement and re-enforce each other and have high potential for putting the new Institute in a leadership position with relative speed. The substantive areas are the following: 1. First is the challenge of peace-building in conflict zones. International lawyers, security experts and social scientists will team up with politicians, international officials and diplomats. Their aim will be to make transparent to what extent peace treaties and security measures will be deemed fair by all concerned: fighting factions, as well as their victims; politicians, as well as citizens; local leaders, as well as the men and women they lead. Besides adequate deterrence, stabilization and opportunities for evenly shared economic growth, people expect from peace building arrangements that they promote restorative justice and distributive justice in the form of appropriate compensation. Making these justice needs measurable and quantifiable will be an important goal of this partnership, leading to systematic improvements in peace-building efforts. The partnership will identify what works in peace-building, taking a justice perspective, and develop creative new mechanisms for sharing responsibility and being more effective. Another element will be the training of justice ambassadors, diplomats who can bring forward justice needs at the negotiation tables. 2. A second partnership will join researchers from many different disciplines and practitioners at courts in order to create the most effective examples of dispute resolution mechanisms, including in post conflict situations. Courts are crucial conflict mechanisms of last resort. They also supervise settlements and mediation efforts, set examples how to deal with conflict and provide an exit option from negotiations. Litigation may become a problem in itself, however. Many courts are overburdened and struggle with high costs and long delays, so striving for examples of great courts is a major challenge. Hopefully, one of the international courts in The Hague will become part of this venture. A focal point in this partnership will be the impact of trials of leaders on those who have suffered injustices. Victimologists will work with judges; specialists in restorative justice with experts in the field of international criminal procedure; court administrators with economists working on courts and litigation. 3. With multinational companies, environmental groups, human rights lawyers and the local populations, a third partnership will be formed. This will work on strengthening local dispute mechanisms in settings where major investments take place (mining, major plants, infrastructure, major housing projects). Such investments affect work relationships, housing, farming, land rights, human rights, the environment and can cause corruption and other major disruptions in social life. Conflicts about scarce resources and revenues are likely to ensue as well, and may even lead to war.