Poli 360 Strategic Studies

Post-Conflict Justice and Post-Conflict Justice and ReconciliationReconciliation

Alana TiemessenPhD Candidate

Department of Political Science University of British Columbia

alanaet@interchange.ubc.ca

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