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2/12/15 7:36 PMIs the International Community Abandoning the Fight Against Impunity? | International Center for Transitional Justice

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Debates

CURRENT February 09, 2015 - Present

Is the International CommunityAbandoning the Fight Against Impunity?

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Opening Remarks

MODERATOR

David Tolbert

President,InternationalCenter for

TransitionalJustice

1

YES

Michael Ignatieff

Professor andHuman RightsScholar

2

NO

Zeid Raad AlHussein

UN HighCommissioner forHuman Rights

3

1/20/2015

A Debate Whose Time HasCome

MODERATOR

David Tolbert

President, International Center for Transitional

Justice

Twenty-five years after the fall of the Berlin Wall, and

more than a decade after the establishment of the

International Criminal Court, shockingly little is being

doneto stop massive human rights abuses. The prospects

of victims receiving justice, let alone bringing perpetrators

to account, seems ever more remote.

In recent days, we have witnessed horrific atrocitiesby Boko Haram,

with only a limited response by the international community. The

bloody handiwork of ISIL is grabbing headlines, and there seems to

be no coherent strategy to address its barbarity. In Syria conflict

rages, with untold civilian casualties as a divided UN Security Council

sits on the sidelines. Gaza is struggling to recover after its umpteenth

destruction. Eastern Ukraine is rocked by daily attacks on civilian

targets, and very few seem to remember the downing of a civilian

airplane there, in which 295 people died. This somber list could go

2

2

220

29

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YES

Michael Ignatieff

Professor and Human Rights Scholar

When the chief prosecutor of the International Criminal Court dropped

charges against the President of Kenya in December 2014, she saidit

was a dark day for international criminal justice. It was more than

that. It signaled a clear retreat in the fight against impunity, at least

as it relates to heads of state.

NO

Zeid Raad Al Hussein

UN High Commissioner for Human Rights

All the fights worth fighting involve long-term struggles, hard work

and many forces at play. The fights against apartheid, slavery, and

colonialism have been fought over the long term, with battles both

won and lost. They involve the employment of a variety of methods in

order to advance a cause. So it goes with the fight against impunity.

Rules of Conduct

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with the following rules of conduct:

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6 Comments

Goran Simic !

Although the establishment of the International Criminal Tribunal for

former Yugoslavia (ICTY) has allowed bringing before the courts those

responsible of war crimes, the tribunal has failed to address the most

important issue for the future of thecountries in region: truth, justice

and reparation for all victims.

The direct victims of a crime are not the only victims in a conflict. In

the former Yugoslavia, particularly in Bosnia and Herzegovina, we areall victims. The war ended two decades ago, but the past hinders our

future and shackles us.
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! !

In 1993 the UN established the International Criminal Tribunal for the

former Yugoslavia (ICTY), a court of law dealing with war crimes

committed during the Balkans war in the 1990s. But to what extent has

the ICTY helped Bosnia and Herzegovina come to terms with its

history?

I do not think the ICTY is a perfect tribunal and that everything they

have done has been ositive. That is not to sa that I think the world

! !

David Tolbert !

Thanks, Goran Simic, for your important intervention. You

quite rightly underline thepoint that the struggle for justice and

the fight impunity is not only about criminal justice processes.

Holding perpetrators accountable for massive human rights

abuses is important, but there are other processes that are

critical to addressing the violations that victims have suffered. If

the social fabric is to be repaired and trust to be restored, justice

must be seen as wider than

ust prosecutions. As you note, reparations programs play an

important role in recognizing and addressing the

injuries that victims have suffered. Moreover, exposing what

happened in the conflict or the repressive rule and getting to the

truth serves very important functions both for individuals and

society at large. While I spent a good part of my career at the

ICTY, I believe a truth commission process would potentially

have been of immense benefit to the people in the countries of

the former Yugoslavia. There are other important steps to be

taken which you have pointed out, including vetting and

reforms. The processes address different aspects of the injuries

that victims and affected communities have suffered. These

transitional justice processes work together. So, I appreciate

your sharing your thoughts with us.

David Tolbert

! !

Andree Murphy !

There is a constant theme of impunity for those affected by British state

actions in Ireland and in particular if they have experienced collusive

actions with non-state agencies.

The British Government response to the killing of human rights

solicitor Pat Finucane is a illustrative case in point. Mr Finucane was

killed in 1989 by the then legal paramilitary organisation the Ulster

Defence Association (UDA). Subsequently there has been significant

evidence of British Government involvement in the killing.

In 2000 as part of the outworking of the Peace Agreement of 1998 the

Irish and British Governments agreed to a public inquiry process.Subsequent reports by Sir John Stevens (2003) and Canadian Judge

Peter Cory (2003) both lent their weight to the case for full judicial

public inquiry.

In 2012 Sir Desmond De Silva produced a report of a review he carried

out on the killing following the British Government's refusal to

establish a public inquiry.

The review makes the strongest possible case for a fully transparent

Igor Cvetkovski !

Fighting impunity is mainly perceived and practiced as criminal justice.

Criminal justice focuses on individuals rather than states and societies,

which in turns absolve the later from R2P and accountability. Thats
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! !

why the decline of the fight against impunity is not something to be

terribly lamented after. Instead, the world should focus on influencing

state and non-state actors responsibility to protect civilians during

conflict and society and state actors to be accountable toward affected

population after the conflict, thereby

offsetting some of the imbalances and limitations (legal and political)

inherent to the currently prevalent criminal-justice-only approach.

Once the policies and practice achieve the right balance

between the retributive and restorative aspects of the transitionalustice, the levels of satisfaction and confidence among the directly

affected population and the general public will likely grow, which in

turn will give credibility and new impetus to the fight against impunity.

Bottom line: dont spend too much money and time on open

ended criminal processes without guaranty for success, without

simultaneously spending equal time on truth seeking and equal

amounts of money on reparations.

! !

Geoffrey Lugano !

Yes.

I think impunity is crawling back in the transitional justice discourse;

despite the post - Nuremberg achievements of development of

international law and the creation of ad hoc international tribunals and

the ICC. The most significant reason being the 'less inspirational' role

that the UN Security council plays in maintaining international peace

and security.

First, UK, Russia, USA and France have all been parties to conflicts and

hence crimes which fall within the jurisdiction of the ICC. Second, the

council members have been fast to refer 'African' situations and not

equally deserving cases in Syria, Palestine, at least owing to power

relations within the council. Lets not forget that they also wield the

'veto' with little regard to justice for the victims of violence. These are

some credibility issues which make compliance to international normsamongst domestic constituencies far remote. In addition, it makes

people from Africa feel subordinate to global powers.

! !

Luke Moffett !

For me impunity is the public denial of victims suffering and their

access to redress. I agree to an extent with Michael Ignatieff in that

international justice only targets friendless killers. We can see this at

the ICC with most of the suspects being non-state actors or losers of the

conflict. However, time has the effect of changing perceptions. Gaddafi

may have been the darling of Tony Blair, but a few years later when hebegan cracking down on his own people, international perceptions

changed and military action as well as an ICC arrest warrant was

issued. If we look at Latin America, while military regimes sponsored

and trained by Western nations caused horrendous harm to hundreds

of thousands of victims, the last thirty years has witnessed greater

attention to their accountability. 80-90 year old former presidents

being wheeled into court to face trial and their victims sends an

important message that such crimes are not forgotten nor will those

responsible escape justice.

That said criminal trials are a blunt tool by themselves in ending

impunity. While trials can ensure fair public proceedings, they are
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