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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. Accountability in Policing COVID-19: Lessons from the Field

Author:
Anna Myriam Roccatello and Mohamed Suma
Publication Date:
09-2021
Content Type:
Policy Brief
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
As countries around the world roll out their COVID-19 vaccination programs and gradually reopen their economies and borders, the coronavirus continues to ravage vulnerable communities. Moreover, these same communities have borne the brunt of the economic disruption caused by the pandemic, which decimated livelihoods, increased poverty, and exacerbated inequalities in many countries. Early in the pandemic, countries rushed to shut their borders and impose emergency measures, such as curfews, travel restrictions, and community lockdowns. States deployed security forces to enforce these measures, some of which resulted in widespread human rights violations, including torture, killings, and intimidation of persons perceived as failing to comply with their orders. Colombia, Kenya, Lebanon, and Uganda—all countries where ICTJ works—are among those whose security agencies weaponized their powers under these emergency measures and often used brutal means to keep people off the streets. While constitutional police forces committed the bulk of these abuses, a growing number of paramilitaries, citizen vigilantes, and other nonstate forces have also committed human rights violations while enforcing the emergency measures. However, the COVID-19 pandemic underscores states' obligation to protect the inherent right to life and the subsequent right to health. Moreover, national and international human rights laws allow states to temporarily suspend certain rights and invoke special powers that would be considered an infringement of civil liberties in normal situations. Thus, the suspension of those rights is justified by the need to protect the collective good. This paper analyzes the emerging trends of draconian regular policing and vigilante policing during the pandemic in Colombia, Kenya, Lebanon, and Uganda. The paper also describes how armed nonstate groups have come to exercise control in communities where there is no government presence to enforce emergency lockdown and other measures, with little regard for the principles of proportionality and non-discrimination. In all contexts, since the outbreak of the COVID-19, regular police and paramilitary forces have increased their powers, which they have abused extensively. As a result, some policing practices have become deadlier than the virus itself and have exposed the profound frailties of democratic governance.
Topic:
Reform, Criminal Justice, Crisis Management, Institutions, Police, and COVID-19
Political Geography:
Uganda, Kenya, Africa, Middle East, Colombia, South America, and Lebanon

3. The Color of Justice: Transitional Justice and the Legacy of Slavery and Racism in the United States

Author:
Virginie Ladisch and Anna Myriam Roccatello
Publication Date:
04-2021
Content Type:
Policy Brief
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
This briefing paper makes the case for applying transitional justice approaches to dismantle systemic racism in the United States. The need to connect the dots between past and present abuses and affirm the humanity and dignity of Black people are central to all efforts to acknowledge victims and the violations they suffered, challenge the dominant historical narrative, repair harms, and reform broken systems. While the truth of the United States’ legacy of slavery and racism and its connections to present-day injustices are well documented in scholarly materials, they have not been acknowledged by the government or adequately integrated into the country’s collective narrative. Overcoming the dehumanization associated with persistent racial and socioeconomic subjugation requires a conscious and explicit government effort to denounce it and inform all citizens about how it occurred throughout US history. This includes acknowledgment and reparations. Reforms are also desperately needed in the criminal justice system, voting, housing, education, and health care. Drawing on comparative examples, this briefing argues that any meaningful changes to laws and policies or institutional reforms must be grounded in a recognition and understanding of the society’s past atrocities and its connection to present-day injustices, grievances, and violence. The United States finds itself in a moment of reckoning, as protests and public demands crack open the door to broader discussions on how to unravel the country’s legacies of slavery and white supremacy and reform institutions such the police and the criminal justice system. It should look to and learn from other countries that have undertaken efforts to address systemic human rights violations, provide reparations, and advance reforms. It is now time for the United States to apply transitional justice approaches domestically to at last reckon with its legacy of slavery and racism and build a more just future for the country and all its citizens.
Topic:
Human Rights, Reform, Slavery, Transitional Justice, Criminal Justice, Memory, Institutions, Racism, and Truth and Reconciliation
Political Geography:
North America and United States of America

4. A Mixed Approach to International Crimes: The Retributive and Restorative Justice Procedures of Colombia’s Special Jurisdiction for Peace

Author:
Anna Myriam Roccatello and Elizabeth Rojas
Publication Date:
07-2020
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
In June 2019, ICTJ hosted an intense week of meetings with various members of the SJP, along with former combatants of the Public Forces of Colombia and the Revolutionary Armed Forces of Colombia-People’s Army (FARC-EP), and the victims of Colombia’s conflict. ICTJ Colombia routinely meets with these stakeholders as part of its work, but the aim of this week was to specifically include various international experts on restorative and transitional justice: Professor John Braithwaite, Professor Adolfo Ceretti, Professor Roberto Cornelli, Maria Camila Moreno Múnera, and Anna Myriam Roccatello. This report is the result of these fruitful meeting with the stakeholders in the Colombian peace process. Chapter 1 of this report gives an overview of the SJP’s innovative model, which can be considered a mixed restorative-retributive judicial organ. It also examines the potential value of such a mixed procedural approach, in comparison with the failures of purely retributive justice processes to achieve the specific aims of criminal accountability in a transitional justice context. Chapter 2 examines some of the various challenges for restorative justice in general. For convenience, those challenges have been divided into five categories: victims, perpetrators, judges, communications, and due process. Chapter 3 suggests various principles that the SJP should consider to help realize some of its restorative justice aims, while Chapter 4 suggests some specific procedures that the SJP may implement to achieve those restorative justice principles. Those readers who are familiar with transitional justice, the Colombian peace process, and the SJP may wish to skip Chapters 1 and 2 and move directly to the recommendations in Chapters 3 and 4. Finally, the report concludes with reflections on some challenges of the mixed approach and offers some general suggestions for how to move forward.
Topic:
Reform, Criminal Justice, Institutions, Reparations, and Truth and Reconciliation
Political Geography:
Colombia and South America

5. Dead at the Root: Systemic Dysfunction and the Failure of Reform in Lebanon

Author:
Nour El Bejjani Noureddine and Anna Myriam Roccatello
Publication Date:
12-2020
Content Type:
Policy Brief
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
Lebanon is in crisis and its people are tired of decades of endemic corruption, mismanagement, and impunity and of moving from one disaster to the next without making any progress on long-awaited reforms. They have been left with a local currency that is rapidly declining in value, thus eroding their savings and livelihoods. The massive explosion in the capital on August 4, 2020, was only the latest tragedy, the result of decades of systemic dysfunction that perpetuates injustice for victims of all types of human rights violations in Lebanon and inflicts enduring harms on Lebanese society. During the 15-year civil war (1975–1990), more than 150,000 people died, 300,000 were injured or disabled, more than one million were displaced, and more than 17,000 went missing. Although the 1990 Ta’if Agreement effectively ended the armed conflict, it failed to address the human rights abuses committed during the war, a shortcoming that has also meant a failure to uphold victims’ rights. Rather than curbing sectarianism, one of the root causes of the war, the agreement strengthened it by establishing a system of power sharing among the different warring factions along sectarian lines. Today, nearly half of Lebanon’s population is living below the poverty line, with limited services and high economic insecurity. Since the war, the elite class in Lebanon has consistently blamed the country’s dysfunction on others, including neighboring countries and the international community, which have interfered in different ways in the politics and finances of the country. That narrative is no longer sufficient. It is clear that the problems Lebanon is facing today have deep-rooted causes that were never addressed at the end of the war. People will continue to find themselves victims of a corrupt and unjust system until that system is uprooted entirely, and a new, more just, equal, inclusive, and nonsectarian structure is set up in its place.
Topic:
Corruption, Reform, Criminal Justice, and Truth and Reconciliation
Political Geography:
Middle East and Lebanon