BY ARNAUD KURZE Throughout the 1990s the state of Yugoslavia dissolved, ravaged by horrendous conflicts across the region. Since, several retributive and restorative mechanisms to cope with past atrocities have been attempted. Only a few years ago, a regional fact-finding project was launched by several established human rights organizations in the area. Currently, this so [...]
BY JO-MARIE BURT 1 On a warm spring afternoon in Lima this past November, several people stood vigil outside the National Criminal Court in the hours before the verdict in the Parcco-Pomatambo case was to be handed down.1 At the center of the vigil was an old-fashioned scale, adorned in pink roses, with candles lit [...]
BY JOHN G. DALE The United Nations (UN) established the International Criminal Court (ICC) in 2002 to indict, try, and sentence individuals who commit any of four crimes, including war crimes or crimes against humanity. Although neither the United States nor Myanmar are currently signatories to the Rome Statute that created the authority and jurisdiction [...]
BY JO-MARIE BURT In spring 2008, the Transitional/Transnational Justice Working Group, a group of Mason faculty and graduate students interested in issues of global justice and human rights, launched the Human Rights, Global Justice and Democracy Project. The project’s central concern is to examine how societies that experienced mass atrocity cope with the legacies of [...]
BY SUSAN BENESCH Once unimaginable, prosecutions for state-sponsored atrocities are multiplying rapidly. They continue to deliver new milestones, both by expanding transnationally and by reaching previously untouchable defendants. Some trials astonish even their own proponents, as this symposium illustrated: Peru’s conviction of its former head of state Alberto Fujimori in April left Ronald Gamarra Herrera [...]
BY MARK DRUMBL Several African atrocities have become judicialized internationally. Cases include Rwanda, Sierra Leone, Sudan, the Democratic Republic of Congo, and Uganda. An ad hoc tribunal created by the United Nations Security Council, the International Criminal Tribunal for Rwanda (ICTR), prosecutes individuals suspected of high-level involvement in the 1994 Rwandan genocide. A hybrid (mixed) [...]
BY STEPHEN A. LAMONY Over the past two decades, Uganda has witnessed an increasing number of fundamental discussions on accountability for mass human rights atrocities at the local and national level. Interestingly, however, there has never been any local form of criminal prosecutions for grave human rights violations. To explain this reality, one has to [...]
DAVID BACKER INTRODUCTION The last 65 years have exhibited competing currents and ongoing debate with regards to accountability for human rights violations.1 After World War II, the Nuremberg and Tokyo war crimes tribunals convened by the Allied powers, as well as parallel legal processes in a number of countries, established key precedents for the prosecution [...]
BY GITANJALI GUTIERREZ In the wake of September 11, 2001, the United States parted from its traditional adherence to fundamental legal principles, including domestic and international prohibitions against torture, kidnapping, disappearances, and arbitrary detention without trial. Legal memorandum from the White House’s Office of Legal Counsel (OLC) and other government documents disclosed through the Freedom [...]
BY TRICIA D. OLSEN, LEIGH A. PAYNE, AND ANDREW G. REITER Despite the recent proliferation of transitional justice practices and scholarship around the world, we know very little about whether and how it achieves its goals of strengthening democracy and reducing human rights violations. Findings from the Transitional Justice Data Base (TJDB) fill that gap [...]