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1. Reflections on Victim-Centered Accountability in Ukraine

Author:
Kelli Muddell and Anna Myriam Roccatello
Publication Date:
02-2023
Content Type:
Policy Brief
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
Since Russian invaded Ukraine in late February 2022, the world has witnessed innumerable war crimes and other human rights violations, including indiscriminate attacks against civilians, summary executions, torture and ill-treatment, sexual and gender-based violence (SGBV), unlawful detentions, and forced deportation. In response, officials in Ukraine and members of the international community have launched multiple—and unprecedently expansive—efforts to investigate and prosecute these atrocities. Most, however, narrowly focus on criminal prosecution and often overlook the immediate needs and perspectives of victims. This paper examines the various actions that have been taken or are under consideration to investigate and prosecute war crimes and other human rights violations in Ukraine. It explores the myriad challenges they face and how tools from the field of transitional justice can be applied in tandem to deliver justice and reparation to victims and lay the foundation for a more inclusive and democratic Ukraine. The paper makes the case that criminal accountability is but one dimension of justice. For Ukrainians most acutely affected by the war, such as victims of torture and SGBV, as well as broad sectors of the civilian population whose lives have been upended and who now find themselves in desperate need, justice in fact entails a number of remedies including humanitarian assistance based on acknowledgment and repair. The authors further argue that the ongoing initiatives to investigate crimes committed in the war offer an opportunity. Specifically, the vast amount of documentation that government, civil society, and international actors have been gathering for use as evidence in criminal proceedings can be harnessed to advance other justice-related objectives. For instance, this information could serve a truth-seeking process that aims to establish a victim-centered historical record of the war and could inform the design of a more coordinated and forward-looking assistance program, including a much-needed reparations program.
Topic:
Reform, Criminal Justice, Accountability, Institutions, Peace, Justice, Reparations, Gender, Truth and Reconciliation, and Russia-Ukraine War
Political Geography:
Europe and Ukraine

2. Peace versus Justice: The coming European split over the war in Ukraine

Author:
Ivan Krastev and Mark Leonard
Publication Date:
06-2022
Content Type:
Policy Brief
Institution:
European Council on Foreign Relations (ECFR)
Abstract:
In the first 100 days of Russia’s war on Ukraine, European public opinion helped to solidify Europe’s political response. But a new poll reveals that diverging public preferences could weaken this unity. ECFR’s research shows that, while Europeans feel great solidarity with Ukraine and support sanctions against Russia, they are split about the long-term goals. They divide between a “Peace” camp (35 per cent of people) that wants the war to end as soon as possible, and a “Justice” camp that believes the more pressing goal is to punish Russia (22 per cent of people). In all countries, apart from Poland, the “Peace” camp is larger than the “Justice” camp. European citizens worry about the cost of economic sanctions and the threat of nuclear escalation. Unless something dramatically changes, they will oppose a long and protracted war. Only in Poland, Germany, Sweden, and Finland is there substantial public support for boosting military spending. Governments will need to find a new language to bridge the gap between these emerging camps, in order to strengthen European unity and avoid polarisation between and within countries. The key will be to present arms deliveries and sanctions as part of a defensive war.
Topic:
European Union, Refugees, Peace, Justice, and Russia-Ukraine War
Political Geography:
Europe, Ukraine, Poland, and Germany

3. Legacy of the Troubles: The Role of Civil Society in Providing Justice for Victims in Northern Ireland

Author:
Celia C. Sawyer
Publication Date:
05-2022
Content Type:
Journal Article
Journal:
Journal of Public and International Affairs (JPIA)
Institution:
School of Public and International Affairs (SPIA), Princeton University
Abstract:
The Troubles period in Northern Ireland (1968 to 1998) left victims, their families, and the region with a legacy of trauma that has remained unaddressed for the past 24 years. Despite various legislative proposals to provide victims with forms of recourse, leaders have yet to implement justice provisions detailed in political agreements. As a result of government inaction, victims and survivors have lived without the truth of the past and without the ability to seek criminal charges against perpetrators who inflicted violence against them and/or their loved ones. This paper explores why civil society organizations are the best option to meet victims’ needs in the absence of government intervention.
Topic:
International Relations, Civil Society, Trauma, Accountability, and Justice
Political Geography:
Europe and Northern Ireland

4. Providing security in Iraq - what do Iraqis think?

Author:
Maria-Louise Clausen
Publication Date:
04-2021
Content Type:
Policy Brief
Institution:
Danish Institute for International Studies (DIIS)
Abstract:
Denmark assumed leadership of NATO Mission Iraq in late 2020. The Iraqi people’s perceptions of their personal security and of those who provide it can impact the success of this mission. A recent survey provides new insights. At a time of political turmoil and insecurity in Iraq, NATO has vowed to step up its commitment in the region. This happens at a time of increased resistance to the US presence in Iraq, and a deteriorating security situation due to the escalation of the conflict between the US and Iran taking place on Iraqi soil, as well as signs of an Islamic State resurgence. Security is a major concern in Iraq. When respondents were asked to select their most important concern for the Iraqi government to address, the most common choice was ‘maintaining security and stability’ (30.5%), closely followed by the job situation (27.5%), and corruption (26.2%). This should be read in conjunction with the fact that 71.7% of respondents stated that they experience their personal security as currently either only partially or not at all ensured. This was most pronounced among the surveyed Shias, with only 18.8% indicating that they feel fully or partly secure in contrast to 46.7% of Sunni respondents.
Topic:
Security, Defense Policy, NATO, Democratization, Diplomacy, International Organization, Non State Actors, Fragile States, Violence, Peace, Police, and Justice
Political Geography:
Iraq, Europe, Middle East, and Denmark

5. Opportunities for Danish stabilisation policy to engage with climate- and livelihood-related conflict: New approaches to fragility in the Horn of Africa and Sahel

Author:
Peer Schouten
Publication Date:
03-2021
Content Type:
Working Paper
Institution:
Danish Institute for International Studies (DIIS)
Abstract:
The Horn of Africa and the Sahel are among the most fragile regions in the world: poor, lacking basic infrastructure and state presence across much of their respective territories, and both form hotbeds of conflict and political instability compounded by climate change. This DIIS Working Paper focuses on identifying evolving notions of fragility that could strengthen Danish stabilisation efforts in the Horn and Sahel. It foregrounds notions of fragility that move away from a focus on strong state institutions towards the adaptive capacities of populations in the hinterlands of the Horn and the Sahel to deal with conflict and climate variability. The paper gives an overview of this rapidly evolving field and distils key insights, challenges and future options by exploring the question, how can we support people in the Sahel and Horn to re-establish their responsibility for their respective territories and the management of their natural resources? The paper addresses this question by exploring the implications of recent climate change and livelihoods research on how we approach fragility and, by extension, stabilisation. On the basis of such research, the Working Paper advocates a move away from a sector-based understanding of fragility towards a way of working that is more in line with contextual realities, alongside the ‘comprehensive approach’ to stabilisation that Denmark promotes. The key message is that, programmatically, Danish stabilisation efforts across both regions could benefit from a more explicit focus on supporting the variability that dominant livelihood strategies require and that need to be considered if sustainable security and development outcomes are to be achieved. Failing to do this will only serve to marginalise key communities and may drive them further into the arms of radical groups.
Topic:
Security, Foreign Policy, Defense Policy, Climate Change, Democratization, Development, Environment, Radicalization, Fragile States, Violence, Peace, and Justice
Political Geography:
Africa, Europe, Denmark, and Horn of Africa

6. Access to Justice in the Time of Pandemic: Functioning of Legal Forms in North Macedonia

Author:
Ivona Shushak Lozanovska and Vesna Shapkoski
Publication Date:
03-2021
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
The international community has significantly increased its focus on the improvement of justice systems around the world, in recent years. With the increase in effort and interventions in the sector, there has been a need to create tools to assess justice systems, to identify the main elements affecting the workings of the justice machinery. In a context of increasing interest and engagement in justice systems reform, the ability of citizens to access justice institutions to address their needs has come to be seen as an essential element of development, human rights, democracy, and the rule of law. The Republic of North Macedonia has been dedicated in a certain amount to improving the access to justice following these global trends. However, the pandemic has brought to the surface many obstacles in the realization of these efforts and imposed serious issues that need to be further solved. In this paper, we will elaborate on the present situation in North Macedonia from the personal experience of law clinics and civil society organizations that work and contribute closely on this issue. Furthermore, we will identify particular points that need to be advanced and relevant stakeholders to be engaged, to improve the situation, and bring justice closer to everyone.
Topic:
Civil Society, Justice, Pandemic, COVID-19, and Legal Aid
Political Geography:
Europe and North Macedonia

7. Political Process, Crisis and Legitimacy in Poland

Author:
Hector Calleros
Publication Date:
01-2020
Content Type:
Journal Article
Journal:
Polish Political Science Yearbook
Institution:
Polish Political Science Association (PPSA)
Abstract:
The paper examines the conflict over the control of the integration of Poland’s Constitutional Tribunal (CT) that evolved into a constitutional crisis in October 2015 - and has extended for more than two years. It identifies issues that help understand how the Polish Democracy does not impede the erosion of constitutional democracy as the conflict has undermined the CT and the function of judicial review (JR). The article examines issues of legitimacy that emerge from the crisis; it also examines the extent to which the institutional settings condition the operation of the JR function; in particular, it looks at the role of executive actors (the Government and the President), and the role of the political/parliamentary party in bridging the separation of powers.
Topic:
Politics, Democracy, Constitution, Legitimacy, and Justice
Political Geography:
Europe and Poland

8. Beyond good and evil: Why Europe should bring ISIS foreign fighters home

Author:
Anthony Dworkin
Publication Date:
10-2019
Content Type:
Policy Brief
Institution:
European Council on Foreign Relations (ECFR)
Abstract:
Hundreds of EU citizens who joined ISIS abroad are in detention in northern Syria, a territory whose future is deeply uncertain. EU governments remain extremely reluctant to bring these detainees back home and have instead sought to have them tried in the region. Sending suspects to Iraqi courts or an international tribunal also appear to be non-starters given the risk of unfair trials and questionable legal footing available. Returning European ISIS supporters to Europe is the best way to ensure they remain under control and can be prosecuted, interrogated, and helped with re-engagement as necessary. Repatriation would also help the plight of European children in detention camps, who are now at risk of illness and further radicalisation.
Topic:
European Union, Islamic State, Justice, and Foreign Fighters
Political Geography:
Iraq and Europe

9. Beyond the Ballot: How the Kremlin Works to Undermine the U.S. Justice System

Author:
Suzanne Spaulding, Devi Nair, and Arthur Nelson
Publication Date:
05-2019
Content Type:
Working Paper
Institution:
Center for Strategic and International Studies (CSIS)
Abstract:
he U.S. justice system is under attack as part of a long-term Russian effort to undermine the appeal of democracy and weaken the West. Via multi-platform disinformation opera­tions, Kremlin-backed operatives work to exacerbate existent divisions within populations and increase overall mistrust and paranoia against democratic institutions. In the process, justice systems are portrayed as corrupt, inept, and hypocritical. This report describes the nature of this threat and proposes measures for countering it. The report focuses on activities by the Russian government, including the ways it feeds, is fed by, and amplifies domestic voices to weaken public confidence in the justice system. The insights gained by examining Russia’s efforts can and should inform our understand­ing of both threats from other nations and the challenges contemporary communications technologies pose to a healthy democracy generally.
Topic:
Conflict, Justice, Judiciary, and Foreign Interference
Political Geography:
Russia, Europe, North America, and United States of America

10. Ukrainian Activism for Transparency and Accountability: Two Steps Forward, One Step Back

Author:
Olena Tregub
Publication Date:
05-2019
Content Type:
Special Report
Institution:
United States Institute of Peace
Abstract:
In the wake of the Euromaidan protests that toppled the government of Viktor Yanukovych in 2014, Ukrainian activists and civil society organizations have pressed hard for anti-corruption reforms and greater openness and transparency in the public sector. Five years later, however, corruption remains a fixture of civic life—and a majority of Ukrainians believe the fight against corruption has been a failure. This new report reviews the changes that have taken place in the anti-corruption movement since the Euromaidan and identifies practical actions the international community can take to support reform efforts in Ukraine.
Topic:
Security, Corruption, Governance, Reform, Democracy, Rule of Law, Protests, Accountability, Transparency, and Justice
Political Geography:
Europe and Ukraine