Howard Varney, Shenali De Silva, and Alexandra Raleigh
Publication Date:
10-2019
Content Type:
Working Paper
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
Prosecution guidelines provide benchmarks for decision making and act as a shield for prosecutors in the face of undue influence, pressure, or interference. Prosecutors pursuing sensitive cases, such as those involving mass atrocities, ought to do so by applying binding, objective, fair and publicly known criteria. This report presents a comparative overview of prosecution guidelines from around the world in "ordinary" times and in the context of post-conflict transitions.
Topic:
Law, Transitional Justice, Criminal Justice, and Justice
The International Center for Transitional Justice (ICTJ)
Abstract:
In some contexts, the global community has resorted to international tribunals to prosecute the most serious past crimes, such as war crimes, crimes against of humanity, and genocide. While these international efforts contributed significantly to international justice, they were resource draining and located outside the countries in which the crimes took place. To overcome these issues, the so-called hybrid court was developed that combines domestic and international law and personnel. Tunisia has adopted a purely domestic hybrid court.
Topic:
Genocide, Transitional Justice, International Crime, and Humanitarian Crisis
The International Center for Transitional Justice (ICTJ)
Abstract:
Pursuing justice in a transitional context may take the form of multiple measures and goes beyond the pursuit of criminal prosecutions. Tunisia’s Basic Law on Transitional Law, adopted in December 2013, is a case in point. Despite its flaws, the the law introduced a fairly comprehensive framework to redress past abuses and to hold perpetrators to account.
The International Center for Transitional Justice (ICTJ)
Abstract:
This briefing paper focuses on the role of victims of human rights violations in criminal proceedings. This paper will provide examples of recent developments in the advancement of victim participation in criminal proceedings in international criminal law and domestic jurisdictions.
Topic:
Human Rights, International Law, Transitional Justice, Domestic Policy, and Human Rights Violations