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2. Hybrid Tribunals and the Rule of Law: Notes from Bosnia and Herzegovina and Cambodia
- Author:
- Johanna Herman and Olga Martin
- Publication Date:
- 05-2010
- Content Type:
- Working Paper
- Institution:
- Centre on Human Rights in Conflict
- Abstract:
- Following the establishment of the international ad hoc tribunals, the International Criminal Tribunals for the Former Yugoslavia and Rwanda (ICTY and ICTR respectively), a new model of justice administration emerged at the end of the 1990s through the development of hybrid or internationalised courts. Hybrid tribunals are conceived as a mixture of international and domestic law and staff, as a way to provide the necessary resources and guarantees for justice closer to those whose work matters to most. They have different compositions and legal frameworks depending on the context of the country. The first ones were established in Kosovo, Timor Leste and Sierra Leone These first hybrid mechanisms were seen as a new experiment for international justice.
- Topic:
- Conflict Resolution, Human Rights, and International Law
- Political Geography:
- Bosnia, Kosovo, and Balkans
3. Reaching for Justice: The participation of victims at the Extraordinary Chambers in the Courts of Cambodia
- Author:
- Johanna Herman
- Publication Date:
- 09-2010
- Content Type:
- Policy Brief
- Institution:
- Centre on Human Rights in Conflict
- Abstract:
- The Extraordinary Chambers in the Courts of Cambodia (ECCC) is the first international or internationalised tribunal to include the participation of victims as Civil Parties during the trial. There was a steep learning curve regarding management of victims' involvement in the first trial. There was initially insufficient funding allocated to support victims' participation, with late establishment and understaffing of victim support at the ECCC. Cambodian non-governmental organisations (NGOs) have proved instrumental in ensuring the submission of Civil Party applications, legal representation and other forms of support for Civil Parties throughout the process and played a pivotal role in outreach activities. Donors should consider financing NGO and civil society activities that support victim participation, in order to maximise the impact of the significant expenditures they are often allocating to the ECCC. The challenges and successes of the first trial provide lessons not only for future ECCC cases but also for other courts concerning the participation of victims such as the International Criminal Court.
- Topic:
- Conflict Resolution, Human Rights, and International Law
- Political Geography:
- Cambodia and Southeast Asia
4. Reaching for Justice: The participation of victims at the Extraordinary Chambers in the Courts of Cambodia,
- Author:
- Johanna Herman
- Publication Date:
- 01-2010
- Content Type:
- Policy Brief
- Institution:
- Centre on Human Rights in Conflict
- Abstract:
- This policy paper is based on research in Cambodia, assessing the activities and strategies regarding participation of victims before the Extraordinary Chambers in the Courts of Cambodia (ECCC), funded by the University of East London Promising Researcher grant. It is hoped by the international community and by Cambodian civil society that the participation of victims will play a key part in ensuring that the ECCC has a lasting impact on Cambodia. The ECCC, in common with other hybrid tribunals, is expected to engage the affected society and victims, since it is located within the country rather than based elsewhere as the International Criminal Tribunal for Rwanda (ICTR) and International Criminal Tribunal for Yugoslavia (ICTY) are. This policy paper reviews how the victim participation process functioned during the first case and the preparation for the second case at the ECCC, and offers insights to improve practice at the ECCC and other courts that are undertaking other forms of victim participation
- Topic:
- International Affairs
- Political Geography:
- Global Focus
5. Just and Durable Peace by Piece European Union 7 th Framework Programme
- Author:
- Olga Martin-Ortega, Chandra Lekha Sriram, and Johanna Herman
- Publication Date:
- 05-2009
- Content Type:
- Working Paper
- Institution:
- Centre on Human Rights in Conflict
- Abstract:
- Following the end of violent conflicts, whether by military victory or negotiated settlement, international actors such as the European Union and the United Nations play an increasing role in peacebuilding, through a range of security, governance, and development activities. These may or may not be mandated by a peace agreement or other formal settlement, and may or may not follow or work in tandem with a peacekeeping mission. International, regional, national, and local actors may work in a more or less collaborative, or coherent fashion. Nonetheless, many of the key challenges of peacebuilding remain the same, and a familiar set of policies and strategies have emerged in contemporary practice to address these. Chief among the challenges of contemporary peacebuilding is that of addressing demands for some form of accountability, often termed transitional justice (discussed in section 3). However, as this guidance paper explains, the demands of transitional justice and its relation to broader peacebuilding activities, involve not just decisions about accountability, but a complex set of policy and institutional choices about security and governance as well. Thus, this guidance paper examines peacebuilding and transitional justice as a set of linked policies and strategies regarding not just accountability, but security sector reform (SSR), disarmament, demobilization and reintegration (DDR) of ex-combatants, and development of the rule of law.
- Topic:
- Conflict Resolution, Security, Political Violence, Government, Peace Studies, United Nations, and War
- Political Geography:
- Europe
6. Just peace? Peacebuilding and rule of law in Africa: Lessons for policymakers
- Author:
- Olga Martin-Ortega, Chandra Lekha Sriram, and Johanna Herman
- Publication Date:
- 09-2009
- Content Type:
- Policy Brief
- Institution:
- Centre on Human Rights in Conflict
- Abstract:
- Rule of law promotion is integral to peacebuilding, but not always well integrated It is important to distinguish between technical delivery of rule of law assistance and access to justice as perceived by the population Rule of law promotion and transitional justice may be complementary, or competitive Despite emphasis on the formal sector, informal justice processes are often most accessible to the vast majority Such informal processes may be transformed both by conflict and by peacebuilding activities Emphasis on state institutions in rule of law promotion can inadvertently undermine equal access to justice Given these challenges, the international community faces serious dilemmas about whom to engage, and particularly whether to engage the informal sector at all.
- Topic:
- Conflict Resolution, Political Violence, Peace Studies, and Poverty
- Political Geography:
- Africa
7. Beyond justice versus peace: transitional justice and peacebuilding strategies
- Author:
- Olga Martin-Ortega, Chandra Lekha Sriram, and Johanna Herman
- Publication Date:
- 08-2009
- Content Type:
- Working Paper
- Institution:
- Centre on Human Rights in Conflict
- Abstract:
- This article seeks to examine the challenging and complex relationship between transitional justice and peace building. Some scholarly analysts, and indeed some policymakers, continue to view “peace” and “justice” as simply in conflict with each other, while their relationship in practice is far more complex. This article will analyse the relationship between transitional justice and peace building in order to consider how programming and practitioners of each might engage more constructively with each other in pursuit of more just and durable peace.
- Topic:
- Human Rights, Peace Studies, and Law
8. Evaluating and Comparing Strategies of Peacebuilding and Transitional Justice
- Author:
- Olga Martin-Ortega, Chandra Lekha Sriram, and Johanna Herman
- Publication Date:
- 05-2009
- Content Type:
- Working Paper
- Institution:
- Centre on Human Rights in Conflict
- Abstract:
- Following the end of violent conflicts, whether by military victory or negotiated settlement, international actors such as the European Union and the United Nations play an increasing role in peace building, through a range of security, governance, and development activities. These may or may not be mandated by a peace agreement or other formal settlement, and may or may not follow or work in tandem with a peacekeeping mission. International, regional, national, and local actors may work in a more or less collaborative, or coherent fashion. Nonetheless, many of the key challenges of peace building remain the same, and a familiar set of policies and strategies have emerged in contemporary practice to address these. Chief among the challenges of contemporary peace building is that of addressing demands for some form of accountability, often termed transitional justice (discussed in section 3). However, as this guidance paper explains, the demands of transitional justice and its relation to broader peace building activities, involve not just decisions about accountability, but a complex set of policy and institutional choices about security and governance as well. Thus, this guidance paper examines peace building and transitional justice as a set of linked policies and strategies regarding not just accountability, but security sector reform (SSR), disarmament, demobilization and reintegration (DDR) of ex-combatants, and development of the rule of law.
- Topic:
- Political Violence, Human Rights, Peace Studies, and War
- Political Geography:
- Europe