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41. Confronting Impunity and Engendering Transitional Justice Processes in Uganda

Author:
The International Center for Transitional Justice (ICTJ)
Publication Date:
06-2014
Content Type:
Policy Brief
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
This briefing paper summarizes the findings of consultations undertaken by ICTJ with women’s groups in Gulu, Lira, and Soroti on confronting impunity and engendering transitional justice processes in northern Uganda. Its purpose is to help incorporate women’s needs and justice demands into the drafting and implementation of the Ugandan government’s forthcoming transitional justice policy. The paper’s many detailed recommendations provide guidance on how transitional justice measures, such as material and symbolic reparations, can recognize and redress the specific harms suffered by women as a result of the LRA conflict.
Topic:
Women, Transitional Justice, Impunity, Justice, and Gender
Political Geography:
Uganda and Africa

42. Justice and peacebuilding in post-conflict situations

Author:
Lesley Connolly
Publication Date:
11-2012
Content Type:
Working Paper
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
After the 1991-2001 civil war, Sierra Leone employed a new model of transitional justice, concurrently utilising a Truth and Reconciliation Commission (TRC) and a Special Court. Encouragingly, this process incorporated special gender considerations, by expanding the mandate of both the TRC and Special Court to address sexual violence and encourage women to come forward and testify without fear of retribution. Both these institutions have been praised for successfully fulfilling their specific mandates and for aiding the country’s transition to peace. However, some parts of Sierra Leone’s society were left largely untouched by the process, as evidenced by widespread discrimination and gender inequalities which still occur today. It is proposed that this is not just a fault of Sierra Leone’s approach, but that it is an inherent flaw of the transitional justice process as a whole as the process is not suitable for use in addressing the root causes of conflict. For this reason, it is argued that a new mechanism of transitional justice, one which incorporates a peacebuilding process, would better address the needs of a post-conflict society. This would be done by focusing on transformation and promoting a long-term sustainable peace.
Topic:
Transitional Justice, Peace, Justice, Reconciliation, Truth, and Post-Conflict
Political Geography:
Africa and Sierra Leone

43. Justice through Armed Groups' Governance - An Oxymoron?

Author:
Jan Willms
Publication Date:
10-2012
Content Type:
Working Paper
Institution:
Collaborative Research Center (SFB) 700
Abstract:
In this paper, the author addresses the question of whether armed groups’ courts are suitable to enforce international humanitarian law. The ensuing question of whether the existence of these courts conforms to international law is answered in the affirmative: international humanitarian law and human rights law do not in principle prohibit the operation of such courts. Adjudication by armed groups has a relatively high potential to deter the groups’ fighters from committing violations of international humanitarian law. This is to a large extent because convictions by armed groups’ courts gain more attention among fighters than convictions by national or international criminal courts. However, the empirical record of armed groups’ courts is mixed. The African armed groups examined in this paper violated international humanitarian law, including due process guarantees. Yet, they showed more respect for civilians than many armed groups without their own jurisdiction.
Topic:
Non State Actors, Governance, Armed Forces, Justice, and International Humanitarian Law (IHL)
Political Geography:
Africa

44. Non-custodial sentencing and its relevance in the justice system

Author:
Sandra Coffie
Publication Date:
05-2004
Content Type:
Policy Brief
Institution:
Ghana Center for Democratic Development
Abstract:
In Ghana, sentencing policy has ensured that courts place more emphasis on custodial sentences than on other forms of punishment: for most, if not all, criminal convictions, Ghanaian courts impose custodial sentences as a matter of course. As a result, Ghana's prisons now contain more inmates than they were ever intended to - stretching prison facilities beyond capacity. Prison officials persistently complain of dangerous overcrowding. Social workers warn that some inmates have simply been forgotten, and many accused persons languish in pre- trial detention while their cases are pending. Rather than serving as places of reform, prisons have become a training ground for seasoned thugs.
Topic:
Criminal Justice and Justice
Political Geography:
Africa and Ghana