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Poli 360 Strategic Studies

Poli 360 Strategic Studies. Post-Conflict Justice and Reconciliation Alana Tiemessen PhD Candidate Department of Political Science University of British Columbia alanaet@interchange.ubc.ca. Lecture Outline. Justice and Reconciliation Dynamics Models of Justice

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Poli 360 Strategic Studies

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  1. Poli 360 Strategic Studies Post-Conflict Justice and Reconciliation Alana Tiemessen PhD Candidate Department of Political Science University of British Columbia alanaet@interchange.ubc.ca

  2. Lecture 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

  3. Varied implications of justice Legacy of Nuremburg Ad-hoc closed tribunals Mixed/Hybrid tribunals International Criminal Court International vs Local What we know…

  4. Effects on local population? Evaluating tribunals? Deterrence value? Local alternatives better? What we don’t know….

  5. Key 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?

  6. Models of Justice

  7. Post-Genocide Society Typology

  8. 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” From impunity to accountability The facts Justice for victims International law Rule of Law Yugoslavia: ICTY

  9. Big Cases: Milosevic Karadzic Mladic Controversies: Defenders don’t recognize legitimacy of court Victor’s Justice Plea-bargains Yugoslavia: ICTY

  10. 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: ICTR

  11. Big Cases: Akayesu Barayagwiza Bagosora Controversies: Funding and management Victor’s Justice Poor relationship w/ Rwandan government Rwanda: ICTR

  12. 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 Cambodia: Hybrid Tribunal

  13. Special Court for Sierra Leone (SCSL) Sierra Leone Truth and Reconciliation Commission (SLTRC) 9 to stand trial: RUF, AFRC, CDF Sierra Leone: Hybrid Tribunal

  14. Institutional Failures: Rwanda voted against SC Resolution 955 Remote location Inefficiency Shadow of ICTY; shared prosecutor Poor credibility Rwandan Tribunal

  15. 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 Evaluating the ICTR and Reconciliation

  16. Suggested Readings and Websites • 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

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