Civil society & reconciliation (jpl) rule of law in the postconflict phase (nk)

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Presentation transcript:

civil society & reconciliation (jpl) rule of law in the postconflict phase (nk)

john paul ledarach peacebuilding must be undertaken simultaneously at numerous levels of the society short term and long term vision must be linked critical issues must find response while broader structural change is envisioned and set in motion

coexistence/ peace/tolerance reconciliation truth mercy/forgivenessjustice

truth factual/forensic: obtained through reliable, impartial, objective procedures/measurements; reduce the number of lies that can be circulated unchallenged in public discourse personal/narrative: the truth of victims telling their stories; insights into pain; restoring memory social/dialogue: transcend the divisions of the past by listening carefully to the complex motives and perspectives of all those involved; basis for affirming human dignity and integrity healing/restorative: places facts and what they mean within the context of human relationships, both amongst citizens and between the state and its citizens; not merely about knowledge but about acknowledgment: "Acknowledgment is an affirmation that a person's pain is real and worthy of attention. It is thus central to the restoration of the dignity of victims.“

truth …alleviating the haunting & seemingly endless guesswork, the ambiguity of speculation knowing vs acknowledging personal vs public taking account: commission & ommission

mercy mercy vs impunity? public apology? who?

justice retributive vs restorative justice punitive system compensation

neil kritz criminal accountability cleansing the structures of government establishing historical record compensation, restitution, rehabilitation –manage the material aspects of loss –official acknowledgement of the pain by the nation –deter state from future abuses

international tribunal conveys a clear message that the intl community will not tolerate such atrocities Staffed by experts able to apply & interpret intl law standards has necessary human & material resources functions on the basis of independence & impartiality rather than retribution advances the development & enforcement of intl criminal norms obtains jurisdiction over many of the perpetrators who were no longer in the country