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Begin New Search Topic Human Rights Author Johanna Herman

1. Hybrid Tribunals and the Rule of Law: Notes from Bosnia and Herzegovina and Cambodia

Author:
Johanna Herman and Olga Martin
Publication Date:
05-2010
Content Type:
Working Paper
Institution:
Centre on Human Rights in Conflict
Abstract:
Following the establishment of the international ad hoc tribunals, the International Criminal Tribunals for the Former Yugoslavia and Rwanda (ICTY and ICTR respectively), a new model of justice administration emerged at the end of the 1990s through the development of hybrid or internationalised courts. Hybrid tribunals are conceived as a mixture of international and domestic law and staff, as a way to provide the necessary resources and guarantees for justice closer to those whose work matters to most. They have different compositions and legal frameworks depending on the context of the country. The first ones were established in Kosovo, Timor Leste and Sierra Leone These first hybrid mechanisms were seen as a new experiment for international justice.
Topic:
Conflict Resolution, Human Rights, and International Law
Political Geography:
Bosnia, Kosovo, and Balkans

2. Reaching for Justice: The participation of victims at the Extraordinary Chambers in the Courts of Cambodia

Author:
Johanna Herman
Publication Date:
09-2010
Content Type:
Policy Brief
Institution:
Centre on Human Rights in Conflict
Abstract:
The Extraordinary Chambers in the Courts of Cambodia (ECCC) is the first international or internationalised tribunal to include the participation of victims as Civil Parties during the trial. There was a steep learning curve regarding management of victims' involvement in the first trial. There was initially insufficient funding allocated to support victims' participation, with late establishment and understaffing of victim support at the ECCC. Cambodian non-governmental organisations (NGOs) have proved instrumental in ensuring the submission of Civil Party applications, legal representation and other forms of support for Civil Parties throughout the process and played a pivotal role in outreach activities. Donors should consider financing NGO and civil society activities that support victim participation, in order to maximise the impact of the significant expenditures they are often allocating to the ECCC. The challenges and successes of the first trial provide lessons not only for future ECCC cases but also for other courts concerning the participation of victims such as the International Criminal Court.
Topic:
Conflict Resolution, Human Rights, and International Law
Political Geography:
Cambodia and Southeast Asia

3. Beyond justice versus peace: transitional justice and peacebuilding strategies

Author:
Olga Martin-Ortega, Chandra Lekha Sriram, and Johanna Herman
Publication Date:
08-2009
Content Type:
Working Paper
Institution:
Centre on Human Rights in Conflict
Abstract:
This article seeks to examine the challenging and complex relationship between transitional justice and peace building. Some scholarly analysts, and indeed some policymakers, continue to view “peace” and “justice” as simply in conflict with each other, while their relationship in practice is far more complex. This article will analyse the relationship between transitional justice and peace building in order to consider how programming and practitioners of each might engage more constructively with each other in pursuit of more just and durable peace.
Topic:
Human Rights, Peace Studies, and Law

4. Evaluating and Comparing Strategies of Peacebuilding and Transitional Justice

Author:
Olga Martin-Ortega, Chandra Lekha Sriram, and Johanna Herman
Publication Date:
05-2009
Content Type:
Working Paper
Institution:
Centre on Human Rights in Conflict
Abstract:
Following the end of violent conflicts, whether by military victory or negotiated settlement, international actors such as the European Union and the United Nations play an increasing role in peace building, through a range of security, governance, and development activities. These may or may not be mandated by a peace agreement or other formal settlement, and may or may not follow or work in tandem with a peacekeeping mission. International, regional, national, and local actors may work in a more or less collaborative, or coherent fashion. Nonetheless, many of the key challenges of peace building remain the same, and a familiar set of policies and strategies have emerged in contemporary practice to address these. Chief among the challenges of contemporary peace building is that of addressing demands for some form of accountability, often termed transitional justice (discussed in section 3). However, as this guidance paper explains, the demands of transitional justice and its relation to broader peace building activities, involve not just decisions about accountability, but a complex set of policy and institutional choices about security and governance as well. Thus, this guidance paper examines peace building and transitional justice as a set of linked policies and strategies regarding not just accountability, but security sector reform (SSR), disarmament, demobilization and reintegration (DDR) of ex-combatants, and development of the rule of law.
Topic:
Political Violence, Human Rights, Peace Studies, and War
Political Geography:
Europe