scholarly journals Truth and reconciliation: Yes, please! No, thank you!

Temida ◽  
2002 ◽  
Vol 5 (4) ◽  
pp. 19-21 ◽  
Author(s):  
Vesna Kesic
Keyword(s):  
South Africa ◽  
Latin America ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
The Other ◽  
International Conflicts ◽  
Truth And Reconciliation ◽  
Post Conflict ◽  
The World ◽  
The Hague

The case of former Yugoslavia and its successors is specific and a bit different from the other post-conflict societies. First, retributive model of justice is carried out, or it should be carried out, before the International Criminal Tribunal in the Hague. The question is how to start the process of searching for the truth and reconciliation inside and between societies, groups and individuals in newly established countries. There is no such a model in the world, like these in South Africa and some countries in Latin America, which can be applied here, because in this case we are talking about five states, from which at least three were in the war. Also, the character of these conflicts covers the diapason from international conflicts to internal aggression and civil war.

Transitional Justice, Truth and Reconciliation: An Under-Explored Relationship

2011 ◽  
Vol 11 (2) ◽  
pp. 241-261 ◽  
Author(s):  
Janine Natalya Clark
Keyword(s):  
Empirical Research ◽  
Transitional Justice ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Evidence Based ◽  
Criminal Trials ◽  
Truth And Reconciliation ◽  
Post Conflict ◽  
Truth And Reconciliation Commissions ◽  
Conflict Reconciliation

AbstractMuch of the literature on transitional justice suffers from a critical impact gap, which scholars are only now beginning to address. One particular manifestation of this aforementioned gap, and one which forms the particular focus of this article, is the frequently-cited yet empirically under-researched claim that "truth" fosters post-conflict reconciliation. Theoretically and empirically critiquing this argument, this article both questions the comprehensiveness of truth established through criminal trials and truth and reconciliation commissions (TRCs) and underscores the often overlooked problem of denial, thus raising fundamental questions about the reputed healing properties of truth in such contexts. Advocating the case for evidence-based transitional justice, it reflects upon empirical research on South Africa's TRC and the author's own work on the International Criminal Tribunal for the former Yugoslavia (ICTY).

Appeal may reject UN tribunal's Yugoslav acquittal

2016 ◽  
Keyword(s):  
Criminal Justice ◽  
International Criminal ◽  
Political Instability ◽  
International Criminal Tribunal ◽  
Former Yugoslavia ◽  
International Criminal Justice ◽  
Prison Sentence ◽  
Content Type ◽  
Post Conflict ◽  
The Hague

Significance The verdict runs counter to 20 years of jurisprudence and history at the International Criminal Tribunal for the former Yugoslavia (ICTY). It undermines the idea of using international criminal justice to assist in post-conflict reconstruction and reconciliation. It has caused disbelief, disappointment and anger in Croatia and Bosnia, especially among victims, and generated political instability in Serbia. Impacts The controversial judgment will further discredit the ICTY and the very idea of international criminal justice in the eyes of critics. It followed Karadzic's 40-year prison sentence, which has dismayed victims and observers expecting a harsher sentence. Despite working towards closure in 2017, the ICTY is very likely to grant an appeal. However, Seselj himself is unlikely to reappear in The Hague voluntarily.

The Milošević Trial: Purpose and Performance

2004 ◽  
Vol 32 (4) ◽  
pp. 897-919 ◽  
Author(s):  
James Gow ◽  
Ivan Zveržhanovski
Keyword(s):  
International Criminal ◽  
International Criminal Tribunal ◽  
The Other ◽  
Raw Material ◽  
Judicial Process ◽  
Historical Interpretation ◽  
Head Of State ◽  
The Hague ◽  
And Performance ◽  
Historical Truth

The trial of former Yugoslav President Slobodan Milošević before the International Criminal Tribunal for the Former Yugoslavia (ICTY) in The Hague is a vehicle both for achieving justice and for pursuing historical truth. At this first-ever trial of a former head of state before an international tribunal, the same evidence serves two purposes: the quests for “truth” by those involved in the judicial process, on one side, and those engaged in academic historical interpretation, on the other. In each sphere, there are expectations to be satisfied. Those of the peoples of Serbia and the other former Yugoslav lands, international governmental and non-governmental actors, and observers are all different from each other; and they are all distinct from the viewpoint of future students of history. The two frameworks for truth are neither necessarily competitive nor complementary, and the tests of their validity may differ. But the raw material they use may be identical and the outcome of each may be parallel and consistent. And the two varieties of truth may reinforce one another in the quest to restore peace and security, to establish justice, and to compile a broadly accepted account of contentious, awful events.

scholarly journals The Srebrenica Genocide: Seventeen Years After

ICR Journal ◽  
2012 ◽  
Vol 3 (3) ◽  
pp. 583-585
Author(s):  
Senad Mrahorovic
Keyword(s):  
Bosnia And Herzegovina ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
War Crimes ◽  
The Other ◽  
The People ◽  
The Hague ◽  
The Republic ◽  
In The Beginning ◽  
Republika Srpska

In the beginning of 2012, the people of Bosnia and Herzegovina have once again witnessed disturbing events in the Bosnian entity known as Republika Srpska. Several distinguished personalities were awarded the highest decoration, including Boris Tadic, the current president of the Republic of Serbia. With this award, President Tadic has been added to the list of people who previously have received the same decoration, such as Radovan Karadzic, Ratko Mladic, Slobodan Milosevic and others who were indicted by the International Criminal Tribunal for the Former Yugoslavia (ICTY) for charges of genocide and other war crimes committed during the war in Bosnia and Herzegovina in the early 1990s. While the trial of Milosevic lasted for almost two years, it did not end, however, owing to his sudden death. The other two figures namely, Karadzic and Mladic, are currently being tried in The Hague by the ICTY.

scholarly journals Latin America in Global History: An Historiographic Overview

2017 ◽  
Vol 30 (60) ◽  
pp. 253-272 ◽  
Author(s):  
Diego Olstein
Keyword(s):  
Latin America ◽  
Sixteenth Century ◽  
New World ◽  
World History ◽  
The Other ◽  
Ice Age ◽  
Global History ◽  
The World ◽  
Last Ice Age ◽  
Great Divergence

Abstract World history can be arranged into three major regional divergences: the 'Greatest Divergence' starting at the end of the last Ice Age (ca. 15,000 years ago) and isolating the Old and the New Worlds from one another till 1500; the 'Great Divergence' bifurcating the paths of Europe and Afro-Asia since 1500; and the 'American Divergence' which divided the fortunes of New World societies from 1500 onwards. Accordingly, all world regions have confronted two divergences: one disassociating the fates of the Old and New Worlds, and the other within either the Old or the New World. Latin America is in the uneasy position that in both divergences it ended up on the 'losing side.' As a result, a contentious historiography of Latin America evolved from the very moment that it was incorporated into the wider world. Three basic attitudes toward the place of Latin America in global history have since emerged and developed: admiration for the major impact that the emergence on Latin America on the world scene imprinted on global history; hostility and disdain over Latin America since it entered the world scene; direct rejection of and head on confrontation in reaction the former. This paper examines each of these three attitudes in five periods: the 'long sixteenth century' (1492-1650); the 'age of crisis' (1650-1780); 'the long nineteenth century' (1780-1914); 'the short twentieth century' (1914-1991); and 'contemporary globalization' (1991 onwards).

The Burden of Bearing Witness: The Impact of Testifying at War Crimes Tribunals

2017 ◽  
Vol 63 (2) ◽  
pp. 348-372 ◽  
Author(s):  
Kimi King ◽  
James Meernik
Keyword(s):  
International Criminal ◽  
Theoretical Perspective ◽  
International Criminal Tribunal ◽  
Mass Violence ◽  
Bearing Witness ◽  
Post Conflict ◽  
Adverse Experiences ◽  
The Face ◽  
War Crimes Tribunals ◽  
The Impact

Intersections exist regarding how institutions and individuals respond in the wake of mass violence, and we explore one theoretical perspective: resilience—the ability to overcome in the face of adversity. By controlling for the institutional context, we analyze the microlevel impact of testifying on witnesses who testify. New survey data provide information from 300 prosecution, defence, and Chambers witnesses who appeared at the International Criminal Tribunal for the Former Yugoslavia. We test propositions about resilience related to trauma, motivations, contributions to justice, fair treatment, witness fatigue, and human security. Witnesses who experienced greater trauma, who were more highly motivated, who believed they contributed to justice, and who were satisfied with their current situation were more positive about testifying. Those who believed they were treated fairly by prosecution and defence were less negative. The findings add to the debate about the burden of bearing witness in post-conflict societies and why some overcome adverse experiences related to mass violence.

scholarly journals Ending Impunity: The Case for War Crimes Trials in Liberia

2005 ◽  
Vol 1 (2) ◽  
pp. 53-80 ◽  
Author(s):  
Alhagi Marong ◽  
Chernor Jalloh
Keyword(s):  
Human Rights ◽  
Due Process ◽  
Ad Hoc ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Charles Taylor ◽  
Criminal Court ◽  
Human Rights Law ◽  
Sierra Leonean ◽  
Post Conflict

AbstractThis article argues that Liberia owes a duty under both international humanitarian and human rights law to investigate and prosecute the heinous crimes, including torture, rape and extra-judicial killings of innocent civilians, committed in that country by the warring parties in the course of fourteen years of brutal conflict. Assuming that Liberia owes a duty to punish the grave crimes committed on its territory, the article then evaluates the options for prosecution, starting with the possible use of Liberian courts. The authors argue that Liberian courts are unable, even if willing, to render credible justice that protects the due process rights of the accused given the collapse of legal institutions and the paucity of financial, human and material resources in post-conflict Liberia. The authors then examine the possibility of using international accountability mechanisms, including the International Criminal Court, an ad hoc international criminal tribunal as well as a hybrid court for Liberia. For various legal and political reasons, the authors conclude that all of these options are not viable. As an alternative, they suggest that because the Special Court for Sierra Leone has already started the accountability process for Liberia with the indictment of Charles Taylor in 2003, and given the close links between the Liberian and Sierra Leonean conflicts, the Special Court would be a more appropriate forum for international prosecutions of those who perpetrated gross humanitarian and human rights law violations in Liberia.

Empirical Research on Constitutional Drafting Processes Following War or Internal Disturbances in Iraq, Tunisia, Kosovo and Sudan

2020 ◽  
Vol 23 (1) ◽  
pp. 314-339
Author(s):  
Habiba Abubaker
Keyword(s):  
Public Participation ◽  
Empirical Research ◽  
The Other ◽  
Peace Building ◽  
Internal Conflict ◽  
Post Conflict ◽  
Building Process ◽  
The World ◽  
Complex Procedure ◽  
State Of Affairs

Constitutional drafting is a complex procedure. Every year, nonetheless, the world witnesses the birth of several constitutions. The drafting of constitutions, however, differs greatly from one to the other; this depends mainly on the state of affairs in each State and the causes behind the need for a new constitution. In post-conflict States, the success of the constitutional drafting process depends on various factors including, inter alia, the inclusiveness of the process; transparency; equal representation in the bodies involved in the drafting; public participation; as well as the role the international community plays. All of these factors have great implications on the success, or failure, of not only the constitutional drafting process, but also on the whole peace-building process in post-conflict societies. In other words, a successful constitutional drafting process must be nationally-led and owned while targeting the root causes of the conflict. While it may be aided by international components, the process must reflect the geo-ideological differences within a State, whether cultural, tribal, ethnic or religious. This article gives an empirical account of the constitutional drafting processes adopted as a consequence of internal conflict in Iraq, Tunisia, Kosovo, and Sudan. The paper discusses the general drafting process; the bodies involved; procedural shortcomings; and any international influence.

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