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2. Walking on Water: Religion, Historical Memory and Human Rights in Spain and Australia
- Author:
- Michael Phillips
- Publication Date:
- 12-2012
- Content Type:
- Working Paper
- Institution:
- Centre on Human Rights in Conflict
- Abstract:
- The parable of Jesus walking on water occurs in three of the gospels. This parable was used by Imanol Zubero, former Socialist Senator and Basque peace activist, now Professor at the Basque Country University, to describe to me the position of the Catholic Church in Spain today: where once the Church had known how to walk on water and call to the Spanish people to follow it, today the Church has lost its prophetic voice and is in danger of becoming a closed sect. Zubero was referring to the 1970s when the Church played a positive, and widely admired, role in the Spanish Transition to democracy. In this paper I try to account for this change by considering cases from two very different Catholic traditions, Spain and Australia, which have at least one thing in common: in both cases the Church has been accused of responsibility for historical wrong-doing and complicity in human rights abuses.
- Topic:
- Civil War, Human Rights, Religion, History, and Reform
- Political Geography:
- Europe, Spain, and Australia/Pacific
3. Business and Human Rights: Proposals from the Research Group on Private International Law and Human Rights
- Author:
- Nicolás Zambrana Tévar
- Publication Date:
- 07-2012
- Content Type:
- Working Paper
- Institution:
- Centre on Human Rights in Conflict
- Abstract:
- By means of Resolution 17/4 of 16 June 2011, the UN Human Rights Council has created a Working Group with the mission of implementing the UN “Protect, Respect and Remedy” Framework and its Guiding Principles. As part of its activities, the Working Group asked for input from stakeholders and convened a meeting with them, which took place in Geneva on 20 January 2012.
- Topic:
- Economics, Human Rights, Human Welfare, International Trade and Finance, and Markets
- Political Geography:
- Geneva and United Nations
4. 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
5. 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
6. Trading Justice for Security? UN Anti-Terrorism, Due Process Rights, and the Role of the Judiciary
- Author:
- Carmen Draghici
- Publication Date:
- 05-2009
- Content Type:
- Working Paper
- Institution:
- Centre on Human Rights in Conflict
- Abstract:
- Policy-makers, domestically and in international for a, tend to address counter- terrorism and human-rights protection in terms of competitive goals. In the post-9/11 political climate dominated by security concerns, the suppression of the financing of terrorism is given priority over suspects' rights. The current procedures established by the UN Security Council for the freezing of funds of terrorist suspects encroach upon several individual rights. The most severe infringement upon the rights of persons targeted by the UN sanctions derives from the lack of a secure avenue of appeal. The denial of access to justice has been fostered for several years by the deference of national and regional courts to the UN Security Council. Recent developments at European Union level demonstrate that judicial decisions can shape counter-terrorism policies.
- Topic:
- Human Rights, Terrorism, United Nations, and Counterinsurgency
- Political Geography:
- Europe
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