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2. Local voices in internationalised justice: The experience of civil parties at the Extraordinary Chambers in the Courts of Cambodia
- Author:
- Johanna Herman
- Publication Date:
- 05-2014
- Content Type:
- Special Report
- Institution:
- Centre on Human Rights in Conflict
- Abstract:
- The experience of civil parties participating in Case 002 at the Extraordinary Chambers in the Courts of Cambodia (ECCC) provides important insights into victim participation in a mass atrocity trial. Understanding the expectations of civil parties and evaluating their experience so far will help us to improve victim support at future cases at the ECCC and other internationalised courts.
- Topic:
- International Affairs
- Political Geography:
- Global Focus
3. Walking on Water: Religion, Historical Memory and Human Rights in Spain and Australia
- Author:
- Michael Phillips
- Publication Date:
- 12-2012
- Content Type:
- Working Paper
- Institution:
- Centre on Human Rights in Conflict
- Abstract:
- The parable of Jesus walking on water occurs in three of the gospels. This parable was used by Imanol Zubero, former Socialist Senator and Basque peace activist, now Professor at the Basque Country University, to describe to me the position of the Catholic Church in Spain today: where once the Church had known how to walk on water and call to the Spanish people to follow it, today the Church has lost its prophetic voice and is in danger of becoming a closed sect. Zubero was referring to the 1970s when the Church played a positive, and widely admired, role in the Spanish Transition to democracy. In this paper I try to account for this change by considering cases from two very different Catholic traditions, Spain and Australia, which have at least one thing in common: in both cases the Church has been accused of responsibility for historical wrong-doing and complicity in human rights abuses.
- Topic:
- Civil War, Human Rights, Religion, History, and Reform
- Political Geography:
- Europe, Spain, and Australia/Pacific
4. Transitional Justice and Peace building on the ground: Victims and ex-combatants,
- Author:
- Chandra Lekha Sriram
- Publication Date:
- 01-2012
- Content Type:
- Policy Brief
- Institution:
- Centre on Human Rights in Conflict
- Abstract:
- In the wake of violent conflict and mass atrocity, there are many contending demands, including those for peace and stability, and those for accountability and punishment. Much ink has been spilled in debating “justice versus peace”. Two key trends in peacebuilding and transitional justice may clash with one another in particular: the prevalence of disarmament, demobilization, and reintegration (DDR) programs and the increased emphasis on victim-centred approaches to peacebuilding
- Topic:
- Peace Studies and International Affairs
- Political Geography:
- Global Focus
5. Business and Human Rights: Proposals from the Research Group on Private International Law and Human Rights
- Author:
- Nicolás Zambrana Tévar
- Publication Date:
- 07-2012
- Content Type:
- Working Paper
- Institution:
- Centre on Human Rights in Conflict
- Abstract:
- By means of Resolution 17/4 of 16 June 2011, the UN Human Rights Council has created a Working Group with the mission of implementing the UN “Protect, Respect and Remedy” Framework and its Guiding Principles. As part of its activities, the Working Group asked for input from stakeholders and convened a meeting with them, which took place in Geneva on 20 January 2012.
- Topic:
- Economics, Human Rights, Human Welfare, International Trade and Finance, and Markets
- Political Geography:
- Geneva and United Nations
6. 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
7. 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
8. A Breakthrough in Justice? Accountability for Post-Election Violence in Kenya
- Author:
- Chandra Lekha Sriram and Stephen Brown
- Publication Date:
- 08-2010
- Content Type:
- Policy Brief
- Institution:
- Centre on Human Rights in Conflict
- Abstract:
- The International Criminal Court (ICC) provides the most promising, and potentially only, venue for accountability for those most responsible for serious post-election violence in Kenya.
- Topic:
- Conflict Prevention, Democratization, and International Law
- Political Geography:
- Kenya and Africa
9. Reaching for Justice: The participation of victims at the Extraordinary Chambers in the Courts of Cambodia,
- Author:
- Johanna Herman
- Publication Date:
- 01-2010
- Content Type:
- Policy Brief
- Institution:
- Centre on Human Rights in Conflict
- Abstract:
- This policy paper is based on research in Cambodia, assessing the activities and strategies regarding participation of victims before the Extraordinary Chambers in the Courts of Cambodia (ECCC), funded by the University of East London Promising Researcher grant. It is hoped by the international community and by Cambodian civil society that the participation of victims will play a key part in ensuring that the ECCC has a lasting impact on Cambodia. The ECCC, in common with other hybrid tribunals, is expected to engage the affected society and victims, since it is located within the country rather than based elsewhere as the International Criminal Tribunal for Rwanda (ICTR) and International Criminal Tribunal for Yugoslavia (ICTY) are. This policy paper reviews how the victim participation process functioned during the first case and the preparation for the second case at the ECCC, and offers insights to improve practice at the ECCC and other courts that are undertaking other forms of victim participation
- Topic:
- International Affairs
- Political Geography:
- Global Focus
10. Just and Durable Peace by Piece European Union 7 th Framework Programme
- 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 peacebuilding, 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 peacebuilding 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 peacebuilding 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 peacebuilding 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 peacebuilding 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:
- Conflict Resolution, Security, Political Violence, Government, Peace Studies, United Nations, and War
- Political Geography:
- Europe