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1. An Uncertain Homecoming: Views of Syrian Refugees in Jordan on Return, Justice, and Coexistence

Author:
Cilina Nasser and Zeina Jallad Charpentier
Publication Date:
05-2019
Content Type:
Working Paper
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
This report presents findings from a study based on interviews with 121 Syrian refugees living in Jordan. It aims to provide a better understanding of the impact the conflict in Syria has had on refugees, including the harms and losses they have suffered; their expectations, concerns, and priorities for potential durable solutions to their displacement; and the conditions they think would facilitate return to their country and communities and help them to overcome divisions, rebuild relationships, and promote justice.
Topic:
Refugees, Refugee Crisis, Displacement, Transitional Justice, and Humanitarian Crisis
Political Geography:
Middle East, Syria, and Jordan

2. “We Didn’t Think It Would Hit Us:” Understanding the Impact of Attacks on Schools in Syria

Author:
Save Syrian Schools
Publication Date:
09-2018
Content Type:
Working Paper
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
“Everything changed.” Such are the words of a young Syrian student speaking about the aftermath of an attack on his school that took the lives of his brother and friends and forever changed his. He now works in a tailor’s office because he could no longer bear going to school, carrying with him the memories of that day and the loved ones he lost. His story is just one among countless others of lives irrevocably changed as the result of attacks on schools and the loss, not only of loved ones, but of childhood, innocence, and opportunity. Worse, it is not just individual lives that have been changed. The widespread attacks on schools during the country’s brutal conflict have torn apart families, left behind shells of formerly vibrant communities, and altered the future of Syrian society. The report, “‘We Didn’t Think It Would Hit Us:’ Understanding the Impact of Attacks on Schools in Syria,” examines attacks on schools from multiple angles: from the legal implications of such attacks to the everyday impact on the lives of students, teachers, families, and society at large. The findings leave no doubt that the impacts are as numerous as they are vast and, at best, will take decades to meaningfully address. Of course, such a process cannot even really begin until the ongoing onslaught of violence against Syrian civilians stops and real action is taken to reverse the country’s rapid spiral from repression to peaceful protest to brutal armed conflict in response to these protests. The report has been years in the making, and the process of writing it is in itself notable. It began when 11 organizations—10 Syrian and one international—came together in search of a way to combat the growing fatigue beginning to afflict Syrian activists, as a result of documenting increasingly abhorrent and unending violations of human rights and against a backdrop unfulfilled promises of action and accountability. At the start of the conflict, these activists and other civil society actors coalesced quickly, creating transitional justice proposals and post-conflict road maps. They documented violations based on the belief that the conflict would end quickly and those responsible for human rights violations would be brought to justice swiftly. Of course, what has happened instead is that the conflict has only intensified with each passing year, becoming increasingly complex as more and more actors are introduced, many from outside Syria. Fatigued yet undeterred, after a series of dialogues and careful consultations with a wide set of civil society stakeholders, the 11 coauthoring organizations came together to work on a joint project—dubbed the Save Syrian Schools project—that would combine and amplify the different organizational strengths represented within the group. These capacities range from storytelling and advocacy, to large and highly credible networks of on-the-ground documenters and valuable archives of information. The result is a body of work that shines desperately needed light on the voices of Syrians affected in diverse ways by attacks on schools and calls attention to the glaring breaches of human rights that have occurred with regard to these acts of destruction. The driving force behind the year and a half of dedicated work is the desire to, first, end the violence and, second, ensure that the resulting harms are fully understood so that national and international actors alike are left with no choice but to address them through a nuanced and well-informed process of justice, acknowledgment, redress, and reform. The findings of the report are informed by several sources: the databases and archives of group members detailing individual attacks on schools and providing information on methods of attack, location, school names, casualty numbers, likely perpetrators, and so on; careful desk research with priority given to the research, publications, and other resources produced by partner organizations; and in-person field interviews and focus groups with students, teachers, school staff, parents, and local officials from communities affected by school attacks.
Topic:
Education, Terrorism, Transitional Justice, and Humanitarian Crisis
Political Geography:
Middle East and Syria

3. 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

4. Legal Frameworks for Specialized Chambers: Comparative Studies for the Tunisian Specialized Criminal Chambers

Author:
Howard Varney and Katarzyna Zdunczky
Publication Date:
05-2018
Content Type:
Working Paper
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
In some contexts, the global community has resorted to international tribunals to prosecute the most serious past crimes, such as war crimes, crimes against of humanity, and genocide. While these international efforts contributed significantly to international justice, they were resource draining and located outside the countries in which the crimes took place. To overcome these issues, the so-called hybrid court was developed that combines domestic and international law and personnel. Tunisia has adopted a purely domestic hybrid court.
Topic:
Genocide, Transitional Justice, International Crime, and Humanitarian Crisis
Political Geography:
Africa and Tunisia

5. “The War As I See It:” Youth Perceptions and Knowledge of the Lebanese Civil War

Author:
Nour El Bejjani Noureddine
Publication Date:
10-2017
Content Type:
Working Paper
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
Since the negotiated political settlement that ended the war in 1990, no serious attempt has been made to deal with the war’s legacy. Accountability for human rights violations committed during the conflict has been absent. There has been no effective truth-seeking process, formal acknowledgement of victims’ suffering, or the establishment of an accurate and objective war narrative. This has allowed political and social factions to compete for control of the historical record, with the different sides blaming each other, resulting in multiple politicized and fragmented narratives. Because school curricula do not cover Lebanon’s war or recent history, today most accounts of the conflict are based on personal memories transmitted from generation to generation by family members and neighbors who survived the war. This has left young people without an official source of information about the war to help them to understand it and its legacy, although it often forms part of their personal history and identity. As a result, the post-war generation, and the larger public, does not know what really happened during the conflict. With waves of instability and political violence that risk spiraling out of control, recalling the prewar era for many who lived through the war, young people are left vulnerable to political manipulation.
Topic:
Civil War, Transitional Justice, Youth, and Humanitarian Crisis
Political Geography:
Middle East and Lebanon

6. 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