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62. Protection, Justice, and Accountability: Cooperation between the International Criminal Court and UN Peacekeeping Operations
- Author:
- Shilpa A. Venigandla
- Publication Date:
- 05-2021
- Content Type:
- Policy Brief
- Institution:
- International Peace Institute (IPI)
- Abstract:
- Most countries that host UN peacekeeping operations face an impunity gap. Their national courts often lack the capacity to prosecute international crimes such as genocide, crimes against humanity, war crimes, and grave violations of human rights. As a result, special or hybrid courts and international courts, like the International Criminal Court (ICC), often have to step in. In such contexts, some UN peacekeeping operations have been mandated by the UN Security Council to support justice, fight impunity, and pursue accountability, mainly in support of national justice mechanisms. This issue brief focuses on cooperation between UN peacekeeping missions and the ICC. After discussing the impunity gap when it comes to international criminal justice, it outlines frameworks that provide a foundation for cooperation between the ICC and the Security Council. It then explores the benefits of cooperation and the political barriers and conflict dynamics that have prevented UN peacekeeping operations from fully assisting the ICC. The paper concludes by considering how the protection of civilians (POC)—particularly the establishment of a protective environment—could provide opportunities for cooperation between peacekeeping operations and the ICC in pursuit of a more coherent approach to international justice. Given that international justice reinforces protection mandates, POC could serve as a guiding principle for peace operations’ future support to international criminal justice. By reflecting and building on best practices and lessons learned from previous challenges, peacekeeping operations can more effectively pursue international justice and ensure the sustainability of their protection efforts.
- Topic:
- United Nations, Peacekeeping, Rule of Law, Accountability, Justice, and International Criminal Court (ICC)
- Political Geography:
- Global Focus
63. The Complementarity of Transitional Justice & SSR in Addressing and Preventing Human Rights Violations: Focus on The Gambia
- Author:
- Alex Frediani
- Publication Date:
- 09-2021
- Content Type:
- Case Study
- Institution:
- Geneva Centre for Security Sector Governance (DCAF)
- Abstract:
- This paper examines the interlinkage between SSR and transitional justice as complementary tools to provide a platform for reconciliation, reforming abusive institutions and ensuring oversight and accountability of the justice and security sector. Looking at the case of The Gambia, the paper argues that SSR should be considered as an integral component to transitional justice, under the pillar of the guarantee of non-recurrence, which require states to take all necessary measures to prevent recurrence of violations, including the necessary reforms to shape its security sector in such a way that fully enshrines respect for human rights. An integrated approach to SSR and transitional justice implies the need to “deal with the past” as a core objective of the SSR agenda while ensuring an effective coordination and communication between the two processes so that SSR is continuously fed by and mindful of the proceedings of the Truth, Reconciliation and Reparations Commission (TRRC). Furthermore, “dealing with the past” in the framework of SSR implies addressing the issue of potential vetting of security personnel allegedly involved in past abuses. In parallel, the transitional justice process constitutes an opportunity for the Government to initiate legal and judicial reforms required for effective prosecution of those allegedly responsible for serious violations of human rights committed during the past regime. While the paper argues that more could have been done to link SSR and transitional justice in The Gambia, the release of the TRRC report in the coming weeks will constitute a unique opportunity to effectively integrate transitional justice into the SSR agenda. The adoption of proper mechanism and strategies will be critical to ensure transparent and inclusive review of and dialogue around the recommendations of the TRRC as they pertain to the security sector to ensure that these recommendations are a matter of public interest and that they duly (re)shape the SSR agenda.
- Topic:
- Security, Human Rights, Transitional Justice, Justice, and Human Rights Violations
- Political Geography:
- Africa and Gambia
64. Persistent Conflict and Perceived Post-Conflict Peacebuilding in Southern Kaduna Region of Nigeria
- Author:
- Tunde Abioro
- Publication Date:
- 01-2021
- Content Type:
- Journal Article
- Journal:
- Polish Political Science Yearbook
- Institution:
- Polish Political Science Association (PPSA)
- Abstract:
- The cycle of individual and communal lives from birth to death is supposedly preserved by the government through institutions. However, political, social, and economic activities are engaged to make ends meet wherein the government is to serve as an unbiased regulator. The activities that play out in Southern Kaduna reflected politics of being on one side with interplay on origin, identity, religion, and locality. On the other hand, it reflects politics of belonging that play on kin, reciprocity, and stranger status. It has thus resulted in violence, suspicion, and persistent conflict. The study examines citizen’s inclusiveness in peacebuilding initiatives and the people’s perception of the sincerity of the government. The research relies on secondary sources where governmental and non-governmental publications and documents from relevant and reliable sources enriched the socio-historical approach, particularly those relating to contestation in the region. The study found out that just like situations in the other northwest states of the country, the crisis exacerbates by the government’s inability to mediate fairly between warring parties to ensure fairness and justice as well as failure to apprehend and punish the culprits, even as recommendations from the various interventions were unimplemented. Thus, the spate of violence continues.
- Topic:
- Peacekeeping, Conflict, Violence, and Justice
- Political Geography:
- Africa and Nigeria
65. The Power of Law and Justice: The Contribution of Latvia to the Global Development and Defense of Democracy
- Author:
- Egils Levits
- Publication Date:
- 09-2021
- Content Type:
- Journal Article
- Journal:
- Brown Journal of World Affairs
- Institution:
- Brown Journal of World Affairs
- Abstract:
- In May 1985, I wrote the following statement in a Canadian Latvian maga- zine: “In 5-, 20- or 50-years’ time the Soviet Union will be gone from Latvia.”1 Back then, I was just a young lawyer and political scientist—a researcher at the University of Kiel in Germany—having emigrated from the USSR-occupied Latvia 13 years earlier. I took an active part in the political life of Latvians in exile. Most believed that the bipolar world in which the nuclear superpowers of the West and East faced off would never change. So, why was I convinced that the Soviet Empire would collapse?
- Topic:
- Defense Policy, Development, Law, Democracy, Justice, and Post-Soviet Space
- Political Geography:
- Latvia and Baltic States
66. Pathways for Reconciliation in Yemen
- Author:
- European Institute of Peace
- Publication Date:
- 12-2021
- Content Type:
- Working Paper
- Institution:
- European Institute of Peace (EIP)
- Abstract:
- The Pathways for Reconciliation in Yemen project* was developed under the European Institute of Peace’s Conflict Justice and Reconciliation programme. It is the largest effort in recent history and ongoing conflict to engage members of society to consider their needs, perspectives and rights in the search for lasting peace. This report covers highlights from consultations with nearly 16,000 people in nine governorates in Yemen between October 2020 and October 2021. The process reflects a commitment that peace must be shaped by genuine participatory engagement with society beyond those actively engaging in hostilities or involved with the conflict parties. The likelihood of obtaining a legitimate and sustainable settlement significantly depends on how inclusive the process is and the extent to which it engages beyond elite voices of the powerful. Yemen benefitted from the 2013–2014 National Dialogue Conference (NDC). While some of the ideas and conclusions it reached remain relevant, the conditions in the country are now significantly worse. Although the NDC was innovative and inspirational, its model can be improved upon to promote a more inclusive process that helps facilitate more legitimate outcomes. The process of engagement is an essential aspect of sustainable peacebuilding. It should not be seen as a ‘soft’ option or an ornament to ‘serious’ talks with conflict parties. Sustainable peace ultimately requires a critical mass of society to buy into any settlement. To do so, they must believe it represents an improvement to the status quo, and that it is in their interest to stick with it and to withhold support from potential spoilers. The more seriously the settlement’s creation takes into account the views of the wider society, the greater the chances of conferring legitimacy and obtaining buy-in. The Pathways to Reconciliation initiative identifies the priorities and concerns of ordinary citizens. While some of the findings may not surprise, this does not limit their usefulness. Citizens’ genuine engagement in the initial steps of this process is of the utmost importance. A striking proportion of those consulted (78 per cent) did not support any political party; they consider themselves unrepresented, and with no appropriate avenues in which to express their needs and aims.
- Topic:
- Peace, Justice, and Reconciliation
- Political Geography:
- Middle East and Yemen
67. El Tribunal Especial para el Líbanoy la sentencia Hariri. ¿Justicia selectiva?
- Author:
- Berta Alam-Pérez
- Publication Date:
- 11-2021
- Content Type:
- Journal Article
- Journal:
- Journal on International Security Studies (RESI)
- Institution:
- International Security Studies Group (GESI) at the University of Granada
- Abstract:
- El artículo analiza la compleja relación, presente en la esfera internacional,entre política y justicia que queda reflejada en el Tribunal Especial para el Líbano. Se emplean,como líneas argumentales, la problemática de su establecimiento por medio de la resolución 1757 (2007) del Consejo de Seguridad y su carácter selectivo, así como la confrontación jurídico-doctrinal planteada en el caso Ayyash et al., también conocido como asunto Hariri. Se subraya la importancia de los factores contextuales,especialmente aquellosdesencadenados a partir de 2004, con el fin de explicar la división interna —con protagonistas internacionales—del país en dos bloques cuya confrontación serviría de pretexto para la puesta en marcha de un tribunal único que responde a los intereses de una comunidad internacional seducida porla posibilidad de lograr una condena judicial por terrorismo contra Hizballah —y/o Siria—en un momento de preponderancia de la formación chií.La decisión interlocutoria de 2011 de la Sala de Apelaciones pareció manifestarse como un buen augurio en aquella dirección al afirmar la necesidad de interpretar el delito de terrorismo recogido en el artículo 314 del Código Penal del Líbano conforme a un crimen internacional de terrorismo de carácter consuetudinario. La revolucionaria decisión —junto con el proceso que llevó a su publicación—reveló,sin embargo,cierta precipitación y oportunismo que por fortuna y justicia la sentencia de 2020 rechaza por innecesaria e incierta.El artículo sostiene que todo ello ha contribuido a debilitar la credibilidad de un Tribunal,ejemplo de justicia selectiva, y ha mostrado pocadeferencia por la soberanía del Estado libanés.
- Topic:
- Terrorism, Hezbollah, Justice, UN Security Council, and Special Tribunal for Lebanon
- Political Geography:
- Middle East and Lebanon
68. October 2020 Issue
- Author:
- Michael Knights, Stephen Hummel, Paul Cruickshank, Don Rassler, Tim Lister, Pete Erickson, Seth Loertscher, David C. Lane, and Paul Erickson
- Publication Date:
- 10-2020
- Content Type:
- Journal Article
- Journal:
- CTC Sentinel
- Institution:
- The Combating Terrorism Center at West Point
- Abstract:
- In this month’s feature article, Michael Knights assesses the future of Kata’ib Hezbollah (KH) and Iran’s other proxies in Iraq. He notes that in the wake of the death of KH’s founder and leader Abu Mahdi al-Muhandis in a U.S. airstrike on January 3, 2020, “KH is still the engine room of anti-U.S. attacks in Iraq but it is less politically agile and operates in a more hostile counterterrorism environment where deniability and secrecy have become more important again.” He assesses that the “the Islamic Revolutionary Guard Corps Quds Force is also leaning on a more diversified model in Iraq, drawing on non-KH factions like Saraya al-Jihad and Saraya al-Ashura, and engaging more directly with Iraq’s minorities, including Sunni communities and the Shi`a Kurdish Faylis and Turkmen. History may be repeating itself as Iran develops new smaller and more secure Iraqi cells that are reminiscent of the formation of Kata’ib Hezbollah itself.” Our interview is with Drew Endy, Associate Chair, Bioengineering, Stanford University, who has served on the U.S. National Science Advisory Board for Biosecurity. He argues the United States urgently needs a bio strategy to take advantage of rapid advances in biotechnology, protect against the growing danger posed by its potential malevolent use, and prevent the United States from permanently falling behind as a biopower. “First, we need to demonstrate operational mastery of cells by learning to build them. Second and third, we need to build and secure the bio net. And we have to do this now, within the decade, so that we can translate these advances as infrastructure undergirding a uniquely American bio economy that projects power while advancing life, liberty, pursuit of happiness. If we do this, then we have a chance of taking infectious disease off the table. If we don’t develop and implement a coherent bio strategy, it’s game over, not to be dramatic.” In early August 2020, fighters loyal to the Islamic State captured the town and port of Mocimboa da Praia in Mozambique’s northernmost province of Cabo Delgado. They have yet to be dislodged from the town. Tim Lister examines a jihadi insurgency in Mozambique that has grown in sophistication and reach. This month marks 20 years since al-Qa`ida’s attack on the USS Cole, which killed 17 American sailors. Lieutenant Colonel Pete Erickson, Seth Loertscher, First Lieutenant David C. Lane, and Captain Paul Erickson assess the search for justice.
- Topic:
- Science and Technology, Insurgency, Counter-terrorism, Hezbollah, Justice, Jihad, Proxy War, and USS Cole
- Political Geography:
- Africa, Iraq, Iran, Middle East, and Mozambique
69. Women and Gender Equality: Justice or Civilization?
- Author:
- Mustapha Alhaji Ali and Halima Ali Buratai
- Publication Date:
- 01-2020
- Content Type:
- Journal Article
- Journal:
- Journal of Liberty and International Affairs
- Institution:
- Institute for Research and European Studies (IRES)
- Abstract:
- The issue of gender justice has drawn the attention of gender scholars as does gender equality a justice or civilization. Because of this, the paper examined women and gender equality justice or civilization. In discussing these gender issues, several documents, reports, newspapers, magazines, archives, articles, journals, among others, were systematically reviewed to support the argument. Two theories were used in supporting the argument. These are Islamic Feminist and Liberal Feminist theories. The assumptions of these theories centered on gender equality and gender justice in society. The study found that gender equality is not civilization but justice. This is of the fact that both men and women are born equal and need equal justice for the development of the nation. The paper recommended that men and women should be given equal opportunity in all aspects of life in order to ensure gender justice. Parents and religious leaders should adhere to the principles of gender equality for the betterment of society.
- Topic:
- Gender Issues, Women, Justice, Civilization, and Equality
- Political Geography:
- Global Focus
70. Applying Restorative Justice in Resolving the Farmers-Herdsmen Conflict in Nigeria
- Author:
- Emmanuel Ikechi Onah and Bamidele Emmanuel Olajide
- Publication Date:
- 06-2020
- Content Type:
- Journal Article
- Journal:
- African Journal on Conflict Resolution
- Institution:
- The African Centre for the Constructive Resolution of Disputes (ACCORD)
- Abstract:
- Farmers-herdsmen conflict has become a recurring phenomenon in Nigeria. This article argues that the continuing occurrence of this conflict can be explained by the non-application of restorative justice procedures by government when dealing with such conflict. This has made the structures of traditional conflict resolution ineffective. The article concludes that the application of restorative justice as part of conflict resolution mechanisms will more sustainably resolve the farmers-herders conflict in the country, as well as enhance national security and development.
- Topic:
- Climate Change, Environment, Conflict, Justice, and Farming
- Political Geography:
- Africa and Nigeria