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Poli 360 Strategic Studies
Post-Conflict Justice and Post-Conflict Justice and ReconciliationReconciliation
Alana TiemessenPhD Candidate
Department of Political Science University of British Columbia
Lecture OutlineLecture Outline
Justice and Reconciliation Dynamics Models of Justice Post-Genocide Societies (Typology) Comparative Perspective:
Former Yugoslavia Rwanda Cambodia Sierra Leone
Rwandan Tribunal: Institutional and Normative Failures (time permitting)
Suggested Readings and Websites
What we know…What we know…
Varied implications of justice
Legacy of Nuremburg Ad-hoc closed tribunals Mixed/Hybrid tribunals International Criminal
Court
International vs Local
What we don’t know….What we don’t know….
Effects on local population?
Evaluating tribunals? Deterrence value? Local alternatives
better?
Key QuestionsKey Questions
How do we define justice and reconciliation? Are there different standards for different
places? What determines which model is needed? What happens if courts fail? What does justice relate to justice?
Retributive Justice Restorative Justice
Definition of Crime
Crime is a breach of a rule created by the sovereign
Crime is a disruption of community harmony and relationships
Participants Crimes should be addressed by professionals
Crimes should be addressed in the community by the community
Sentencing Goals
Vindicate social values, deter, isolate and rehabilitate defendant
Repair the harm, heal the victim and community, restore offender to healthy relationship with community
Measures of Success
Fairness of process; equality and proportionality of sanctions
Emotional and financial restitution for victims, restoration of community harmony
Models of JusticeModels of Justice
Post-Genocide Society TypologyPost-Genocide Society TypologyType of Society
Victim/Oppressor Group Relationship
Society Examples
Suggested Model for Accountability and Justice
Homogenous Oppressor group has “eliminated” victim group (death or displacement)
Nazi Holocaust, Kosovo
International (or successor regime) criminal trials
Retributive Justice
Dualist Both groups coexist within same nation-state (territorial division not possible)
Rwanda Must be sensitive to consequences of punitive measures
Restorative Justice
Pluralist Oppressor group coexists with victim group and third group; or, several oppressor and victim groups
Iraq, Bosnia, South Africa
Must be sensitive to consequences of punitive measures
Restorative Justice
Yugoslavia: ICTYYugoslavia: ICTY
Key Facts: The Hague Chief Prosecutor: Carla
Del Ponte Progress:
Indictments: 50 accused in detention; 17 accused at large
Trials: 55 verdicts; 5 acquittals
“Achievements”
1) From impunity to accountability
2) The facts
3) Justice for victims
4) International law
5) Rule of Law
Yugoslavia: ICTYYugoslavia: ICTY
Big Cases: Milosevic Karadzic Mladic
Controversies: Defenders don’t recognize
legitimacy of court Victor’s Justice Plea-bargains
Rwanda: ICTRRwanda: ICTR
Key Facts: Arusha, Tanzania Covers 1994 crimes Chief Prosecutor:
Hassan Jallow Progress: 23
indictments and 17 verdicts
Stated Purpose: “to contribute to the
process of national reconciliation in Rwanda and to the maintenance of peace in the region, replacing an existing culture of impunity with one of accountability”
Rwanda: ICTRRwanda: ICTR
Big Cases: Akayesu Barayagwiza Bagosora
Controversies: Funding and management Victor’s Justice Poor relationship w/
Rwandan government
Cambodia: Cambodia: Hybrid TribunalHybrid Tribunal
Key facts: Almost 25yrs later,
tribunal est in 2003 Hybrid tribunal w/
significant Cambodian control
At least 6 senior Khmer Rouge leaders to be tried
Sierra Leone: Sierra Leone: Hybrid TribunalHybrid Tribunal
Special Court for Sierra Leone (SCSL)
Sierra Leone Truth and Reconciliation Commission (SLTRC)
9 to stand trial: RUF, AFRC, CDF
Rwandan TribunalRwandan Tribunal
Institutional Failures: Rwanda voted against
SC Resolution 955 Remote location Inefficiency Shadow of ICTY;
shared prosecutor Poor credibility
Evaluating the ICTR and Evaluating the ICTR and ReconciliationReconciliation
Akayesu Case “we have to feel that
justice has been done in order to forget and move on… why won’t the UN let us have that justice?”
Genocide widow and victim of sexual violence
Barayagwiza’s Case “in Western law, a man can be
guilty but released because of some procedures. But in Rwanda, a man who is a criminal cannot be released without being punished. In Rwanda, the meaning is in the fact – not the form, not the procedures. Now can you understand why Rwandans don’t have faith anymore in this tribunal?”
Former Rwandan Justice Minister, Jean de Dieu Mucyo
Suggested Readings and Suggested Readings and WebsitesWebsites
Bass, Gary. Stay the Hand of Vengeance: The Politics of War Crimes Tribunals. Princeton: Princeton University Press, 2000
Bassiouni, M. Cherif (ed). Post-Conflict Justice. Ardsley: Transnational Publishers, 2002.
Drumbl, Mark. “Punishment, Post-Genocide: From Guilt to Shame to Civis in Rwanda” in New York University Law Review, November 2000.
Minow, Martha. Between Vengeance and Forgiveness: Facing History after Genocide and Mass Violence. Boston: Beacon, 1998.
ICTY www.un.org/icty ICTRY www.ictr.org Coalition for International Justice www.cij.org Internews (video) www.internews.org