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12. After ISIL: Justice and Protection for Children in Iraq
- Author:
- John Millock
- Publication Date:
- 01-2018
- Content Type:
- Journal Article
- Journal:
- Harvard Journal of Middle Eastern Politics and Policy
- Institution:
- The John F. Kennedy School of Government at Harvard University
- Abstract:
- ISIL recruited children through a variety of means, including abducting children from orphanages and hospitals, or offering to pay parents hundreds of dollars a month in exchange for each child’s attendance at military training. Additionally, child soldiers were often taken from particular ethnic groups or religious communities, such as Yazidis and Christians, as a means to terrorize these groups. Since the territorial collapse of ISIL began in 2017, many of these child soldiers have defected; some fled ISIL territory and are living anonymously in Europe while others returned to their home countries. Debates about how national legal systems should handle these former child soldiers have arisen in all of these jurisdictions. In Iraq, which has dealt with a particularly large number of former ISIL child soldiers, there have been concerns about the national justice system’s capacity to adequately address the prosecution and rehabilitation of ISIL’s former child soldiers.
- Topic:
- United Nations, Law, Children, Violent Extremism, Islamic State, Transitional Justice, Conflict, and Criminal Justice
- Political Geography:
- Iraq and Middle East
13. Justice Mosaics: How Context Shapes Transitional Justice in Fractured Societies - Report
- Author:
- Roger Duthie
- Publication Date:
- 05-2017
- Content Type:
- Special Report
- Institution:
- The International Center for Transitional Justice (ICTJ)
- Abstract:
- The contexts in which societies attempt to address legacies of massive human rights violations—by confronting impunity, seeking effective redress, and preventing recurrence—are integral to the concept of transitional justice. Such contexts can vary widely: they can include ongoing conflicts, post-authoritarian transitions, post-conflict transitions, and post-transitional periods. They can also differ in terms of institutional and political fragility as well as levels of economic and social development. Broad policy objectives in such contexts can range from rule-of-law promotion to conflict resolution, peacebuilding, vindication and protection of human rights, democratization, development, and social change. As the term suggests, however, the contexts in which societies undertake transitional justice processes are usually to some degree transitional. This is important because transitions create opportunities for addressing past injustice, while at the same time they retain continuities with the past that pose constraints or obstacles for doing so. The fact that context varies is important because the broader context affects the objectives of transitional justice efforts as well as the processes through which they develop, which in turn affect the specific responses that are most appropriate and feasible in each setting. Here processes refer to the different ways in which ideas and movements develop, promote, and coalesce in demands for accountability, acknowledgment, and reform in the aftermath of massive human rights violations.
- Topic:
- Reform, Criminal Justice, Institutions, Justice, Reparations, Gender, Truth and Reconciliation, and Youth Engagement
- Political Geography:
- Africa, Europe, Middle East, Asia, South America, and North Africa
14. Not Without Dignity: Views of Syrian Refugees in Lebanon on Displacement, Conditions of Return, and Coexistence
- Author:
- Rim El Gantri and Karim El Mufti
- Publication Date:
- 06-2017
- Content Type:
- Special Report
- Institution:
- The International Center for Transitional Justice (ICTJ)
- Abstract:
- Armed conflict in Syria has displaced millions of people inside and outside of the country. When a political settlement to the conflict is eventually reached, the process of refugees returning to Syria and rebuilding their lives, relationships, and communities will be long and complex. However, discussions with displaced persons about return and coexistence can begin now, even in the face of ongoing violence and displacement. This research report is based on interviews with refugees living in Lebanon and representatives of local and international organizations in both Lebanon and Turkey working on issues related to Syrian displacement. The report provides an important window into the experiences of refugees in Lebanon as well as their concerns, expectations, and priorities regarding conditions of return and coexistence. The research findings highlight the harms experienced by Syrian refugees at both the individual and collective levels, including the loss of loved ones, houses, property, and businesses in Syria and difficult economic situations and discrimination in Lebanon. Displacement has had devastating impacts on families and led to broad social fragmentation, including sectarian and political divisions and rifts between those who left Syria and those who remained. The effects of conflict and displacement will be generational, as refugee children have been traumatized by their exposure to violence and largely deprived of education. The findings also capture common priorities among Syrian refugees in Lebanon for return. Most do want to return, not just to Syria but to the regions and communities where they previously lived. Common preconditions for return include safety and security; shelter, livelihoods, and the physical reconstruction of homes and infrastructure; compensation or restitution for the loss of property and housing; the provision of education for children and youth; psychosocial support; and family reunification. One positive development among refugees in Lebanon is that many youth engaged with local and international civil society organizations have acquired new skills and an openness to people with different religious and political beliefs that one day may contribute to rebuilding relationships in Syria. Views about the potential for coexistence and justice vary widely. Some refugees believe that Syrians will be ready to rebuild ties once the conflict ends, while others are less optimistic. Some believe that justice is necessary for return, while others think it unlikely to occur. The research makes it clear that the restoration of dignity will play an important role in establishing the necessary conditions for refugee return and coexistence. While return will ultimately depend on a political resolution to the Syrian conflict, several steps can be taken now that are likely to have implications for return and coexistence in the future.
- Topic:
- Refugees, Displacement, Criminal Justice, Syrian War, Truth and Reconciliation, and Youth Engagement
- Political Geography:
- Middle East, Lebanon, and Syria
15. When No One Calls It Rape: Addressing Sexual Violence Against Men and Boys
- Author:
- Amrita Kapur and Kelli Muddell
- Publication Date:
- 12-2016
- Content Type:
- Special Report
- Institution:
- The International Center for Transitional Justice (ICTJ)
- Abstract:
- There is no doubt that the scope of the problem for male victims is large. The World Health Organization has identified sexual violence against men and boys as a significant problem that has been largely ignored by nongovernmental organizations, health care providers, government agencies, criminal justice authorities, and others. The violations can take many forms, including rape, gang rape, sexual slavery, enforced nudity, and being forced to perform sexual acts with others. Very commonly, sexual violence against men is committed in situations of detention. Studies have shown this pattern in contexts such as Chile, El Salvador, Libya, Sri Lanka, Syria, the United States, and the former Yugoslavia. Transitional justice mechanisms—including truth commissions, reparations programs, and criminal trials—are well placed to begin tackling some of these issues as part of efforts to address legacies of violence. Yet, although the problem has been addressed by some transitional justice efforts in certain countries, there is still wide variation and inconsistency in terms of the responses to these violations and attempts to involve male victims of sexual violence in these processes. The risk that male victims will remain invisible and left out of responses to sexual violence is significant, unless their rights and concerns are given a specific focus comparable to that now increasingly given to female victims. A number of factors contribute to the generally lackluster response by both state and nonstate actors involved in implementing transitional justice processes. One is the tendency to conflate sexual violence with violence against women and girls, which contributes to the perception that it is a women’s issue, thus limiting the responses available to victims falling outside of this group, including men and boys. This means that male victims’ experiences of sexual violence continue to be underreported, misunderstood, and mischaracterized in transitional justice processes. Another issue is under-reporting, which is particularly relevant for truth commissions as the statements they receive from victims not only inform their final reports, but also typically contribute to the creation of victim registries and the design of reparations programs, and even prosecutions. In many cases, male victims are reluctant to acknowledge the sexual nature of the violations committed against them. This can happen in order to avoid the social stigma attached to such acts or due to the fear of being perceived as weak, labeled homosexual, or being accused of having “wanted it.” Even in instances where men report acts of sexual violence, those receiving the reports rarely handle the report with the sensitivity and awareness they require. Medical practitioners, for example, may not be adequately trained to recognize, identify, or treat male victims or they may themselves accuse male victims of homosexuality or otherwise perpetuate social misconceptions about these crimes.
- Topic:
- Criminal Justice, Sexual Violence, Men, Reparations, Gender, Truth and Reconciliation, and Boys
- Political Geography:
- Africa, Europe, Middle East, Asia, South America, North Africa, and North America
16. Drugs and the Death Penalty
- Author:
- Patrick Gallahue
- Publication Date:
- 10-2015
- Content Type:
- Special Report
- Institution:
- Open Society Foundations
- Abstract:
- There are currently thousands of people on death row for drug-related offenses in Asia, the Middle East, and parts of Africa. The international drug control system must share the blame, as treaties promoting strict and severe punishments for drug offenses have opened the door to such responses. UN human rights and drug control bodies now recognize that the death penalty for drugs violates international law, but a number of states that are parties to drug control treaties argue that capital drug laws are a permissible sanction. While many countries around the world are abolishing the death penalty for all crimes at an unprecedented rate, other countries such as Iran and Saudi Arabia are increasingly prescribing the death penalty for drug-related crimes despite evidence showing that it has not been effective in curbing the flow of drugs across territories. While there no fixed model for the kinds of people who have suffered the death penalty for drugs, all too often those who become smugglers borders represent people in desperate circumstances who have been coerced or tricked into breaking the law. Sometimes they are mere teenagers. Executing those who are referred to as “little fish” is disproportionate to the crime. And as both international human rights and drug control bodies have made clear, it is a violation of human rights law. Drugs and The Death Penalty explores how the laws that subject drug offenders to capital punishment are inextricably linked to the international war on drugs and provides recommendations for governments to review current policies and explore alternate, less draconian sanctions.
- Topic:
- Crime, International Law, War on Drugs, Criminal Justice, Drugs, Public Health, and Death Penalty
- Political Geography:
- Africa, Middle East, and Asia
17. Penal Policies and Institutions in Turkey: Structural Problems and Potential Solutions
- Author:
- Berkay Mandıracı
- Publication Date:
- 03-2015
- Content Type:
- Special Report
- Institution:
- Turkish Economic and Social Studies Foundation (TESEV)
- Abstract:
- Penitentiaries and penal policies have been one of the many areas subjected to changes in the context of the judicial reform taking place in Turkey over the last several years. Officials have been inspired to develop new policies in this field by a number of factors: the rise in the number of inmates and the resulting capacity problem; the inefficacy of outdated municipal prisons; and the need to support the resocialization of inmates through new penal policies. Efforts to increase the resocializing impact of the penal system in Turkey and the mentality transformation aiming at overcoming the historical baggage the penal system carries in Turkey are positive. However, these have not yet produced satisfactory results. This is why human rights violations in penitentiaries in Turkey are still continuing. This report argues that the general aim of the penal regime should be based on ‘resocialization’. Therefore, individuals after going through all stages of the penal process and after facing their crime, should be given the opportunity to fully participate in society again. With this perspective the report assesses the current penal reform process in Turkey and puts emphasis on the need for a holistic penal regime that focuses on resocialization of offenders in all penal stages and applies international human rights standards.
- Topic:
- Human Rights, Prisons/Penal Systems, Reform, Criminal Justice, and Justice
- Political Geography:
- Turkey and Middle East
18. Assessment on Changes regarding the Specially Empowered Judicial System in Turkey
- Author:
- Hande Özhabeş
- Publication Date:
- 05-2014
- Content Type:
- Special Report
- Institution:
- Turkish Economic and Social Studies Foundation (TESEV)
- Abstract:
- A number of amendments for criminal law have been instituted in Turkey in recent years within the framework of the judicial reform process that especially were geared towards the realization of the fair trial principle. Between 2011 and 2013, four groups of legal amendments named “Judicial Reform Packages” were passed. These brought about important improvements regarding fair trial, freedom of speech, personal liberty and security. The TESEV Democratization Program published a report evaluating the effect of these four judicial reform packages on rights and freedoms in September 2013. This brief report provides an evaluation of the amendment package instituted in March 2014 that included important changes vis-a-vis the specially empowered judicial system.
- Topic:
- Democratization, Law, Reform, Criminal Justice, and Justice
- Political Geography:
- Turkey and Middle East
19. Failing to Deal with the Past: What Cost to Lebanon?
- Author:
- The International Center for Transitional Justice (ICTJ)
- Publication Date:
- 01-2014
- Content Type:
- Special Report
- Institution:
- The International Center for Transitional Justice (ICTJ)
- Abstract:
- This report examines the situation of impunity in Lebanon that has persisted since the 1975-1990 war through the lenses of core elements of transitional justice. It analyzes Lebanon’s past experience of ineffective transitional justice measures -- including limited domestic trials, narrowly mandated commissions of inquiry, and incomplete remedies for victims -- and their impact on Lebanese society. The report derives lessons that could help to initiate a broader accountability process in Lebanon in the interest of long-term peace and security.
- Topic:
- Reform, Transitional Justice, Criminal Justice, Institutions, and Truth and Reconciliation
- Political Geography:
- Middle East and Lebanon
20. The Spirit of the Police Laws in Turkey: Legislative Discourses, Instruments and Mentality
- Author:
- Biriz Berksoy, Mehmet Uçum, Zeynep Başer, and Zeynep Gönen
- Publication Date:
- 12-2013
- Content Type:
- Special Report
- Institution:
- Turkish Economic and Social Studies Foundation (TESEV)
- Abstract:
- “The Spirit of the Police Laws in Turkey: Legislative Discourses, Instruments and Mentality” is a discussion of the quality of policing in Turkey as is laid out by laws and the authority and powers given to the police. It aims to uncover the dynamics that extend or restrict police authorities through regulations. Looking at police laws in this manner unearths clues – albeit at the level of discourse – about the mentality of policing, the elements of the conceptualizations of “crime,” “criminal,” “order” and “security” within the police force, and the grounds that legitimize police authority. We hope that the report will lead to a more fruitful discussion of the limits of police powers and duties together with the problems of insufficient oversight and impunity.
- Topic:
- Security, Law, Democracy, Criminal Justice, Police, and Justice
- Political Geography:
- Turkey and Middle East
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