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Begin New Search Topic Humanitarian Crisis Author Elena Naughton

1. Gone Without a Trace: Syria's Detained, Abducted, and Forcibly Disappeared

Author:
Hanny Megally and Elena Naughton
Publication Date:
05-2020
Content Type:
Special Report
Institution:
Center on International Cooperation
Abstract:
Tens of thousands of people have been unlawfully detained by the Syrian government and other parties to the conflict in Syria. In most cases, their fate—and if they are alive, their whereabouts—remains unknown. Many families have been waiting for word of their spouses, children, and other relatives since mass protests first began in 2011. This situation is adversely affecting not only Syrians inside the country—including over 6.5 million who are internally displaced—but also many of the 5.6 million refugees who are likewise desperately seeking answers about family members from abroad. This joint report from the International Center for Transitional Justice (ICTJ) and the Center on International Cooperation (CIC) recommends a set of urgent steps that should be taken to assist families in obtaining information about the whereabouts of their loved ones, gaining access to them, and achieving their prompt release. Authored by CIC's Hanny Megally and ICTJ's Elena Naughton, the report details the scope of the detention crisis and argues that answers and coordinated action are needed now. Time is of the essence, as the COVID-19 pandemic appears to be accelerating in Syria, putting those detained in overcrowded and unsanitary prisons at further risk. Any meaningful progress toward a political agreement in Syria will be dependent on more than a negotiated ceasefire or reduction in violence and urgent access to humanitarian assistance. There will be little or no possibility of lasting peace without addressing critical issues, like the question of the missing, detained, abducted, and forcibly disappeared.
Topic:
Prisons/Penal Systems, Syrian War, Crimes Against Humanity, Humanitarian Crisis, and State Abuse
Political Geography:
Middle East and Syria

2. Committing to Justice for Serious Human Rights Violations: Lessons from Hybrid Tribunals

Author:
Elena Naughton
Publication Date:
12-2018
Content Type:
Working Paper
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
Hybrid courts (or mixed tribunals combining international and national components) are no longer a novel approach to pursuing criminal accountability for egregious crimes of international concern (war crimes, crimes against humanity, and genocide). Created and implemented in diverse contexts around the globe for over a decade, they provide countries with an alternative to a fully domestic or international judicial process to hold perpetrators to account for mass atrocities. Over time, hybrid jurisdictions have proven themselves to be a viable model of justice in difficult circumstances. Although almost all have faced funding shortfalls at some time during their mandate and most have been met with strong opposition from those hostile to rigorous accountability efforts, each has investigated crimes and brought about justice where few if any other justice options existed. Their inherent strength rests, in part, on the flexibility they offer for responding to complex international crimes at the national level and on the opportunity they provide for promoting the exchange of information and expertise and for building capacity. There is no model hybrid tribunal. Rather, each hybrid court is established in response to the particular needs of the context and may be “internationalized” in varying ways and to different degrees. The degree of international involvement has almost always been negotiated to meet the needs of domestic authorities who were reluctant to cede sovereignty and to address the concerns of international actors who were uncertain about the adequacy of existing due process norms or wary of limitations in the state’s judicial, legal, and institutional capacity. As a result, a hybrid tribunal usually reflects the political compromises reached among the negotiating parties, most often the United Nations (UN) and the host state. The negotiation process itself can provide space for different factions to come together to build consensus around a common and sustainable approach to achieving accountability. They can also make accountability processes more responsive to the needs of victims and communities, including by giving victims the right to participate in the proceedings. Because of this process of give and take, hybrid tribunals offer the promise of independent justice within a mechanism that is capable of responding to complex international crimes at the domestic level.
Topic:
Human Rights, Humanitarian Intervention, Transitional Justice, and Humanitarian Crisis
Political Geography:
Global Focus

3. Forms of Justice: A Guide to Designing Reparations Application Forms and Registration Processes for Victims of Human Rights Violations

Author:
Ruben Carranza, Cristian Correa, and Elena Naughton
Publication Date:
12-2017
Content Type:
Working Paper
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
n a number of countries around the world, governments have created state-administered reparations programs for victims and communities that were most affected by massive human rights violations. The success of these programs, which often involve thousands of individuals, depends in part on the state’s ability to reach victims and record their demands for justice in an effective and meaningful way. Reparations programs may be administered by government agencies pursuant to a law or policy or a court judgment. In all cases, a process of identifying, verifying, and registering those entitled to reparations is necessary. This often begins with a reparations application form.
Topic:
Human Rights, Transitional Justice, Humanitarian Crisis, Reparations, and Victims
Political Geography:
Global Focus