Poli 360 Strategic Studies Post-Conflict Justice and Reconciliation Alana Tiemessen PhD Candidate Department of Political Science University of British Columbia

Lecture Outline  Justice and Reconciliation Dynamics  Models of Justice  Post-Genocide Societies (Typology)  Comparative Perspective: Former Yugoslavia Rwanda Cambodia Sierra Leone  Rwandan Tribunal: Institutional and Normative Failures (time permitting)  Suggested Readings and Websites

What we know…  Varied implications of justice  Legacy of Nuremburg Ad-hoc closed tribunals Mixed/Hybrid tribunals International Criminal Court  International vs Local

What we don’t know….  Effects on local population?  Evaluating tribunals?  Deterrence value?  Local alternatives better?

Key Questions  How do we define justice and reconciliation?  Are there different standards for different places?  What determines which model is needed?  What happens if courts fail?  What does justice relate to justice?

Retributive JusticeRestorative Justice Definition of Crime Crime is a breach of a rule created by the sovereign Crime is a disruption of community harmony and relationships ParticipantsCrimes should be addressed by professionals Crimes should be addressed in the community by the community Sentencing Goals Vindicate social values, deter, isolate and rehabilitate defendant Repair the harm, heal the victim and community, restore offender to healthy relationship with community Measures of Success Fairness of process; equality and proportionality of sanctions Emotional and financial restitution for victims, restoration of community harmony Models of Justice

Post-Genocide Society Typology Type of Society Victim/Oppressor Group Relationship Society Examples Suggested Model for Accountability and Justice HomogenousOppressor group has “eliminated” victim group (death or displacement) Nazi Holocaust, Kosovo International (or successor regime) criminal trials Retributive Justice DualistBoth groups coexist within same nation- state (territorial division not possible) RwandaMust be sensitive to consequences of punitive measures Restorative Justice PluralistOppressor group coexists with victim group and third group; or, several oppressor and victim groups Iraq, Bosnia, South Africa Must be sensitive to consequences of punitive measures Restorative Justice

Yugoslavia: ICTY  Key Facts: The Hague Chief Prosecutor: Carla Del Ponte Progress: Indictments: 50 accused in detention; 17 accused at large Trials: 55 verdicts; 5 acquittals  “Achievements” 1)From impunity to accountability 2)The facts 3)Justice for victims 4)International law 5)Rule of Law

Yugoslavia: ICTY  Big Cases: Milosevic Karadzic Mladic  Controversies: Defenders don’t recognize legitimacy of court Victor’s Justice Plea-bargains

Rwanda: ICTR  Key Facts: Arusha, Tanzania Covers 1994 crimes Chief Prosecutor: Hassan Jallow Progress: 23 indictments and 17 verdicts  Stated Purpose: “to contribute to the process of national reconciliation in Rwanda and to the maintenance of peace in the region, replacing an existing culture of impunity with one of accountability”

Rwanda: ICTR  Big Cases: Akayesu Barayagwiza Bagosora  Controversies: Funding and management Victor’s Justice Poor relationship w/ Rwandan government

Cambodia: Hybrid Tribunal  Key facts: Almost 25yrs later, tribunal est in 2003 Hybrid tribunal w/ significant Cambodian control At least 6 senior Khmer Rouge leaders to be tried

Sierra Leone: Hybrid Tribunal  Special Court for Sierra Leone (SCSL)  Sierra Leone Truth and Reconciliation Commission (SLTRC)  9 to stand trial: RUF, AFRC, CDF

Rwandan Tribunal Institutional Failures:  Rwanda voted against SC Resolution 955  Remote location  Inefficiency  Shadow of ICTY; shared prosecutor  Poor credibility

Evaluating the ICTR and Reconciliation  Akayesu Case  “we have to feel that justice has been done in order to forget and move on… why won’t the UN let us have that justice?” Genocide widow and victim of sexual violence  Barayagwiza’s Case  “ in Western law, a man can be guilty but released because of some procedures. But in Rwanda, a man who is a criminal cannot be released without being punished. In Rwanda, the meaning is in the fact – not the form, not the procedures. Now can you understand why Rwandans don’t have faith anymore in this tribunal?” Former Rwandan Justice Minister, Jean de Dieu Mucyo

Suggested Readings and Websites  Bass, Gary. Stay the Hand of Vengeance: The Politics of War Crimes Tribunals. Princeton: Princeton University Press, 2000  Bassiouni, M. Cherif (ed). Post-Conflict Justice. Ardsley: Transnational Publishers,  Drumbl, Mark. “Punishment, Post-Genocide: From Guilt to Shame to Civis in Rwanda” in New York University Law Review, November  Minow, Martha. Between Vengeance and Forgiveness: Facing History after Genocide and Mass Violence. Boston: Beacon,  ICTY  ICTRY  Coalition for International Justice  Internews (video)