Adnan Khattak’s Post

What is transitional justice? How to conduct it? At the Peacebuilding and Statebuilding course (Oxford Department of International Development), we discussed this issue. 1. Transitional justice is a bridge between the past and the future: the goal is addressing the past as a way to build a more democratic, just, peaceful future (Blackford 2004). 2. Its origins are in the Nuremberg Trials and Tokyo War Crimes Tribunal. They re-emerged with the transitions to democracy in Southern Europe and Latin America, first as criminal trials and amnesties (from the mid-1970s), and later as truth commissions (in the 1980s-1990s). 3. There are three main approaches: (i) criminal trials (a form of retributive justice), (ii) amnesties, and (iii) truth commissions (a form of restorative justice). They are less a matter of choice than a reflection of what is politically feasible. 4. Criminal trials (domestic or international) have been conducted in Argentina, Rwanda, former Yugoslavia, and others. They can make clear that justice was done, act as a deterrent, and show to society the appropriate ways of solving conflict. International courts can promote universal standards of justice, and be an option when prosecuting the most powerful domestically is hard. 5. But criminal trials can produce a backlash (e.g., Carapintadas in Argentina in 1987). International courts have their own problems: ignoring crimes committed by the great powers, and creating a disconnection between criminals, victims, and communities. 6. Amnesties are a common ‘choice’. They may be (i) amnesty laws, exempting people from liability for crimes (e.g., Pacto del Olvido in Spain, Brazil in 1979, DRC in 2009), or (ii) official ‘amnesia’ (e.g., Namibia). Amnesty laws are ‘deals with the devil’, and may be necessary to promote peace, the rule of law, and democracy. They can work better if combined with strategies to advance reforms (e.g., Namibia) and strong institutions to enforce the agreements (e.g., South Africa). 8. Truth commissions are another strategy (e.g., South Africa). They are less confrontational than trials, promote reintegration, and give voice to victims. They are a good choice when stability depends on powerful groups that may spoil the transition. Yet, they may exacerbate tensions. In Guatemala (1998), Juan José Conedera was killed after the TRC’s report was made public. 9. Other strategies are traditional forms of reconciliation (e.g., Timor-Leste) or justice (e.g., gacaca in Rwanda), the latter more controversial. 10. Pragmatism is necessary. In the short-term, priority is averting atrocities and securing human rights (Snyder and Vinjamuri, 2003). Criminal trials are risky if political institutions are weak and spoilers strong. Trials, commissions or amnesties should be connected to reforms (e.g., creating an independent judiciary, SSR). E.g., a SSR should have been done in Brazil. Restorative justice should at the very least be as important as retributive justice.

🇨🇴 #Colombia [opinion] - The $38.3 million damages awarded against multinational #Chiquita sets a precedent for future cases involving corporate complicity in human rights violations committed in the context of armed conflict. This issue has often been overlooked or difficult to address within the framework of #TransitionalJustice, although it is crucial for understanding how conflicts are fueled and how armed groups are financed to cover the exorbitant costs of war. The outcome of the trial also opens up two crucial debates. The first concerns the issue of impunity in Colombia and the investigations conducted for years by the prosecutor's office, which have yet to yield significant results. The second issue is the impact of this verdict on transitional justice, a particularly important topic. Corporate support for serious human rights violations committed by armed groups in Colombia remains the missing link in transitional justice. #corporateresponsibility By Tatiana Devia and Daniel Marín-López

🔎 Three months after the landmark verdict against Chiquita Brands International, our reflections continue. While much has been written about this case, and I've already published extensively on the verdict, it's crucial to keep examining the broader implications. The $38 million ruling is a significant step in the ongoing fight for corporate accountability in human rights abuses, but it also raises important questions for the fields of transitional and environmental justice. This case underscores the need to address corporate complicity in conflict, a missing link in these justice efforts. As we revisit the trial's outcomes, we must focus on how these precedents can reshape accountability and reparations for victims moving forward 📝 Part 2 is coming out tomorrow 📣 Thankyou JusticeInfo.net✨ #CorporateAccountability #Litigation #TransitionalJustice #ChiquitaVerdict

Food for thought: Transformative restorative justice approach moving away from models of punitive justice that address accountability for harm. "KEY TAKEAWAYS - Haiti needs a creative, whole-of-society strategy to counter gangs. - Colombia’s transitional restorative justice model and Guatemala’s hybrid prosecution system contain useful lessons. - Similar efforts in Haiti could help deliver justice, strengthen institutions and promote societal healing. As defined by the JEP, transitional restorative justice is a form of participatory, collaborative and forward-looking justice aimed at addressing the harm caused to victims by different actors during armed conflicts, reintegrating those involved in the conflict back into society, and restoring the social fabric. This approach involves recognition and accountability processes, contributions to comprehensive reparation and dignity, and measures for prevention, protection and guarantees of non-repetition. The JEP’s methodology shifts from traditional punitive justice to a more strategic, restorative and reconciliatory model by making the victims the protagonists of the process..."

🇨🇴 #Colombia [opinion] - There is a crucial aspect of Colombia’s transitional justice model that is worrying: the current inability of the Special Jurisdiction for Peace (JEP) to offer legal security to those who participated in the conflict, including in human rights violations, and have not been identified as among the most responsible. And making sure they also contribute to the satisfaction of the rights of the victims. The JEP must avoid keep moving towards maximalist approaches and go back to the balance in the Peace Agreement, warns transitional justice expert Paola Molano Ayala. #TransitionalJustice #JEP

CoE Anti-Trafficking @CoE_Trafficking · 35s In its 2023 annual report published today, Council of Europe Group of Experts on Action against Trafficking in Human Beings (GRETA) highlights the need for strengthening trafficking victims’ access to justice and effective remedies. The report highlights GRETA's key achievements in 2023 which include the publication of 11 new country evaluation reports (in respect of Azerbaijan, Estonia, Greece, Iceland, the Netherlands, North Macedonia, Poland, Serbia, Slovenia, Spain and Sweden) and the launch of the fourth evaluation round of the Council of Europe Convention on Action against Trafficking in Human Beings, with a thematic focus on vulnerabilities to human trafficking. The report includes a stocktaking of the third evaluation round of the Convention, which focused on trafficking victims’ access to justice and effective remedies. With this round of evaluation being completed in respect of most of the State Parties to the Convention by the end of 2023, GRETA analyses trends emerging from its country reports, drawing attention to gaps in the implementation of the Convention, as well as promising practices. ➡ Learn more about GRETA's key achievements: https://bit.ly/3WeHtnt

While different pathways to accountability flourish, justice remains under threat from those who fear accountability and their allies. [V]ictims’ rights hinge on governments’ willingness to take responsibility and see these critical processes through. Impartial justice requires consistent political and practical support, as well as the breaking down of double standards that remain persistent obstacles to victims’ equitable access to justice. These double standards should not be accepted as inevitable and need to be overcome if the international justice system is to realize its promise. No less than the legitimacy of the system is at stake.

👏 Meet our new member, Project Expedite Justice! 👏 Project Expedite Justice (PEJ) aims to use all available legal options to seek justice for individuals inadequately protected under the law, who cannot access legal resources, and who are exploited by governments, corporations, or others. PEJ applies a novel, victim-centered approach to addressing mass atrocities. PEJ partners with and train local lawyers and investigators to collect, analyze, and preserve evidence according to international legal standards. Without evidence, there can be no accountability. PEJ has projects in several countries, including Ukraine, Sudan and Ethiopia. Our inclusive team includes people working remotely from Africa, Asia, Europe, South America, and the US. We are deeply committed to increasing opportunities for lawyers and other human rights defenders from the global majority or global south to participate in international rule-of-law-based nonprofit work. “Project Expedite Justice (PEJ) is dedicated to promoting justice, accountability, and human rights on a global scale. Our mission is to facilitate access to justice for victimized and marginalized communities and work towards accountability for atrocities worldwide. We believe in the power of legal mechanisms and international cooperation to address core international crimes – genocide, crimes against humanity, and war crimes – human rights violations, and systemic injustices. Employing a victim-centered approach and supporting efforts to document and prosecute crimes, PEJ strives to contribute to a more just and equitable world. Our work encompasses direct investigative activities, legal advocacy, and capacity-building initiatives aimed at fostering a culture of accountability and respect for human dignity. Joining the Hague Humanity Hub aligns with our mission by providing a platform to collaborate with like-minded organizations, access resources, share our experience and analyses of situations of collective interest, and engage with stakeholders committed to advancing justice, peace, and accountability.” - Mahum Qazi, Communications Assistant of PEJ 👉 You can learn more about the work of Project Expedite Justice at: https://buff.ly/3xGFdv3 #thehague #denhaag #peaceandjustice #ngos #civilsociety #legalresources #internationallaw #justice #accountability #collectivejustice

In #Canada, victims of economic crime have limited opportunities for meaningful participation in plea bargains. #remediationagreement regime prioritizes victim interests and participation. See TA's Working Paper 2 below.

Defending the rights of immigrants, people seeking asylum, incarcerated people, and everyone facing deportation IS patriotic. On this #IndependenceDay, we reflect on what America stands for and recommit to the fight for progress. No one should have to face physical exile from home and separation from family and community. As we celebrate America’s history today, we cannot forget that the concept of freedom, in this country, is limited. To realize the dream of a brighter future for the #UnitedStates, we must continue the work to advance fairness and dignity for all. https://lnkd.in/eaAAQRWe