Transitional Justice Forum

New resources on Transitional Justice

Posted by Helena Cobban at 10:11 | TrackBack

I really hope we can make TJF as useful as possible for people who study transitional justice in all its many ramifications. (Suggestions are always welcome!) One way is to provide access here to as much other information about the subject as possible-- with a strong emphasis on information freely available online. Although the paltry living I make is nearly all dependent on the creation of something called "intellectual property", I have deep qualms about the idea that intellectual work should be seen as something in which private property "rights" can be vested... The very deleterious effects of this phenomenon are particularly evident in any field of enquiry that has to do with international justice. In the Transitional Justice field, for example, the global discourse is nearly all dominated by members of a well-paid international chattering class that often has very little direct experience of, or contact with, the hard choices being made by community leaders in very low-income societies as they struggle to escape from deep-rooted violence.

Similarly, community leaders in those societies often cannot even get access to the journal articles, books, and other international discussion fora in which their fate is being debated... "Access" there being both access to read or hear what is being said, and-- perhaps even more importantly-- access to make their own voices heard within the discussion.

Suggestions as to how TJF can be helpful in this regard are also very welcome. (Send 'em here.) I understand that web access is something that is disproportionately available to-- and dispropotionately used by-- members of rich societies. Still, if we can help make online materials freely available through the site here, as well as help guide people to materials freely available elsewhere, I hope that does offer something of value to people from low-income and/or conflict-plagued societies. (Some of the particularly useful features of the software used on this site are its excellent archiving and indexing systems, and its very simple and powerful site-search mechanism.)

Another thing is, I would love to have here is contributors to the blog who are themselves people from low-income and/or conflict-plagued societies. Again, all suggestions welcome!

... Well, that's the end of my little editorial rant. The purpose of this post is mainly to provide access to (and promise future access to) some exciting new online resources, as well as to provide the latest-- November 15-- edition of 'Transitional Justice in the News'.

I'll put that at the end of this post. Here are the two other new additions to our offerings:

1. Guide to some news resources since August 2002

The International Center for Transitional Justice and their consultant Patrick J. Pierce have graciously agreed to make available to TJF readers the country-based, historical logs of the regular "Newsletter" that they've issued twice-monthly since August 2002. We have already started reproducing here the texts of the "current" editions of the Newsletter as they come out-- as we are doing, indeed, at the end of the present TJFpost.... and TJF's "Search" capability can already be used to search those editions for items about, say, East Timor or Argentina. But once we get all the country-based historical logs put onto the archives here, they can be searched too. (Unfortunately, the way the Newsletter's archives are presented on ICTJ's own website does not allow for easy subject searches.)

Once Patrick sends all the logs to me, I'll create a special portal to them on one of the sidebars here. What he's sent so far-- by way of a demo-- is the "Chile log".

I tried browsing around in it a little bit. One thing it provides is a good, fleshed-out version of a chronology of the major developments in-- in particular-- the Pinochet case since early 2003. It also provides links to news articles reporting these developments. Sadly, at this point many of the older links there no longer work. The content-providing organizations have simply cleaned a lot of that old material out of their archives and/or switched much of it to "subscription-only" access. Grrr.

The two news organizations that I found there that had notably not done that were the BBC and the Washington Post. Good for them!

Meanwhile, a big thanks to the ICTJ (and Patrick) for making these logs-- okay, once they get here-- available.

2. On-line Bibliography from Germany

I recently came across this very useful-looking on-line Bibliography on Transitional Justice, compiled by Germany-based researcher Gunnar Theissen.

This is, I guess, the "second edition" of the Bibliography, and it contains citations to books and articles down to 1999. So at this point, it serves more as a historical record. But a potentially very useful one.

Theissen explains:

The updated version of the bibliography contains about 2.000 recently published monographs, book chapters and periodical articles. Only literature written in English or German is included. Special emphasis is placed on the South African Truth and Reconciliation Commission (TRC) and on Germany after 1945 and 1989.

It has a handy on-line index, in the separate left sidebar there.

I've tried to contact Theissen to see if he's working on an update-- or if he knows of anyone else who might be doing so. No word back from him yet. If any TJF readers can provide more information-- either about updates of this Bibliography or indeed about the fate of the "Transitional Justice Project run jointly by the Law Faculties of the University of the Western Cape, Cape Town, and Humboldt University, Berlin" which had sponsored its compilation, please tell me.

... And finally:

3. 'Transitional Justice in the News, Nov. 15, 2005

(with thanks to the ICTJ)

As previously, I'll put the headlines in first, then you'll need to go to the jump for the fuller descriptions of these items, and the associated hyperlinks.

Burundi: VP Announces Commission
Chad: Senegal Arrests Former President of Chad
Chile: Pinochet Fit to Stand Trial
Colombia: High Police Commissioner Warns Militia on Disarmament
El Salvador: Army Colonel on Trial in U.S.
Iraq: Defense Team Pulls Out Alter Lawyer Killed
Liberia: Security Council Supports Taylor Arrest in Liberia
Morocco: Moroccan IER Prepares to Submit Final Report
Peru: Fujimori Arrested in Chile
Rwanda: Recent Developments with Trials and Mass Graves
Serbia and Montenegro: ICTY Sets Seven-Week Deadline for Mladic

And now, you can proceed to the longer version of that:

BURUNDI

VP Announces Commission

November 12, 2005

First Vice President of Burundi Martin Nduwimana has announced that a commission will be formed to consider releasing prisoners convicted of political crimes. Commissioners will be appointed by ministerial decree. Among those prisoners who would be eligible for release are those who formed Tutsi youth militias as well as those who participated in the 1993 massacre of Tutsis. The planned commission is slated to have a three-month term.

See: IRIN, New Commission to Consider Releasing Political Prisoners

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CHAD

Senegal Arrests Former President of Chad

November 15, 2005

Senegal has arrested the former president of Chad, Hissene Habre, after an international arrest warrant was issued in Belgium under that country's universal jurisdiction law. Habre has been accused of crimes against humanity by a Chadian commission. Human rights organizations hold his regime responsible for 40,000 executions and the torture of 200,000 people.

See: BBC, Senegal holds former Chad leader

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CHILE

Pinochet Fit to Stand Trial

November 10, 2005

Doctors have determined that former dictator Augusto Pinochet is fit to stand trial in the "Operation Condor" case. Pinochet has so far avoided trial for the more than 3,000 killings and other human rights violations carried out under his rule by claiming he has dementia. Medical examiners in this case found that the former dictator suffers from a degenerative disease, but his condition would not impede him from participating in his defense.

See: AFP, Chile's Pinochet fit to stand trial

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COLOMBIA

High Police Commissioner Warns Militia on Disarmament

November 3, 2005

Colombian High Peace Commissioner, Luis Carlos Restrepo, has warned the right-wing militia United Self Defence Forces of Colombia (AUC) that it must follow the disarmament plan it has agreed to or face the army. The AUC has halted the process because of a dispute over the possible extradition of one of its leaders to the U.S. for alleged drug trafficking. They have not pulled out of peace talks, but have stalled their disarmament. Restrepo said the government would not extend the timetable for disarmament beyond the end of this year. He also said that groups that have not disarmed will face military action by the Colombian army, and that militia leaders would not be allowed to engage in politics until they disarm.

See: BBC, Colombia gives militia ultimatum

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EL SALVADOR

Army Colonel on Trial in U.S.

November 6, 205

Nicolas Carranza, a former Salvadoran Army colonel, has gone on trial in a U.S. court for crimes against humanity. In the lawsuit, seven current and former Salvadorans charge the former military officer with torture and killing of civilians during the country's civil war. An amnesty prevents trials in El Salvador for past human rights violations. Carranza became a U.S. citizen and has been living in Memphis, Tennessee since 1985.

See: Boston Globe, Salvadoran goes to trial on war crimes charges

Tennessean, Witness testifies he was tortured in El Salvador

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IRAQ

Following the killing of a defense lawyer last month, gunmen shot two defense lawyers, killing Adel al-Zubeidi and wounding Thamer Hamoud al-Khuzaie. The two lawyers were defending Saddam Hussein's co-defendant and half-brother Barzan Ibrahim al-Tikriti and former Vice President Taha Yassin Ramadan. Defense lawyers announced that they are cutting ties with the court and will not be present for the next hearing on November 28. The tribunal responded that it could appoint new lawyers to serve on the defense team.

See: BBC, Saddam trial lawyer is shot dead

Reuters, Defense lawyer in Saddam trial killed

Reuters, Saddam's defense cuts off dealings with court

AFP, Court could appoint new lawyers for Saddam trial

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LIBERIA
Security Council Supports Taylor Arrest in Liberia

November 12, 2005

The United Nations Security Council has unanimously passed a resolution giving UN peacekeepers a mandate to detain former dictator Charles Taylor and transfer him to Sierra Leone if he returns to Liberia. Taylor has been indicted by the Special Court for Sierra Leone on 17 counts of war crimes and crimes against humanity. Analysts have suggested that the resolution guards against the destabilization in Liberia should Taylor return and sends a signal to the Nigerian government that it should surrender Taylor to the court. In related news, two Nigerian victims of the war in Sierra Leone are challenging the political asylum granted to Taylor. The Nigerian government has tried to have the case dismissed, but has been unsuccessful thus far.

See: BBC, Taylor faces UN arrest in Liberia

Reuters, UN empowers peacekeepers to nab Liberian ex-leader

This Day, Taylor: Court Dismisses FG's Preliminary Objection

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MOROCCO

Moroccan IER Prepares to Submit Final Report

November 14, 2005

At the end of November, the Moroccan Equity and Reconciliation Commission (IER) will submit its final report to the King, thus concluding its mandate. While the final report and the processes it recommends provide Morocco with an opportunity to advance victims' rights, prevent future abuses, and strengthen the rule of law, questions have been raised about how reconciliation can be achieved in the country.

See: Al Bayane, L¹expérience de l'IER : le plus grand travail d'investigation sur la voie de l'établissement de la vérité et de la justice, selon le CIJT (French)

See also: ICTJ Release: Morocco's Truth Commission Experience: One More Step toward Truth and Justice

ICTJ Report: Transitional Justice in Morocco: A Progress Report

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PERU

Fujimori Arrested in Chile

November 12, 2005

Authorities in Chile have arrested Alberto Fujimori, the former president of Peru who has been in exile in Japan since 2000. The Chilean authorities acted on a long-standing international warrant for his arrest. Fujimori has been charged with 21 acts of human rights violations and corruption during his time in power, from 1990 to 2000. A month ago, he announced that he was planning a political comeback and planned to run for president in the April 2006 elections, despite being stripped of his right to hold public office until 2011. The extradition case is quite complicated because of high standards in the Chilean judiciary, perceived weaknesses in the Peruvian authorities' case, and political wrangling between the two countries over sea borders.

See: BBC, Fujimori arrested on Chile visit

New York Times, Court in Chile Refuses to Free Peru's Ex-Leader

New York Times, Fujimori's Detention in Chile Was Just Part of His Plan, Allies Say

In late-breaking news, an appeals court in Chile has unanimously denied Mr. Fujimori's habeas corpus petition.

See: El Murcurio, Corte rechaza recurso a favor de Fujimori (Spanish)

Correio Braziliense, Juiz chileno nega habeas corpus a Fujimori (Portuguese)

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RWANDA

Recent Developments with Trials and Mass Graves

November 12, 2005

There have been several recent developments in Rwanda. The high court has approved the transfer of Belgian priest Tharcisse Karugarama, accused of inciting genocide, to Belgium to stand trial. The Gacaca Secretariat has announced its intention to establish a national court to try the most serious cases relating to the 1994 genocide, called "Category One" cases. Currently, these cases are handled by provincial courts. In another development, another set of mass graves, containing the remains of over a dozen bodies, has been discovered in Kimihurura Sector of Kacyiru District.

See: The New Times, More Mass Graves Discovered

The New Times, Gacaca Wants to Try Category One Suspects

Hirondelle, Court Clears Way for Priest to Be Tried in Belgium

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SERBIA AND MONTENEGRO

ICTY Sets Seven-Week Deadline for Mladic

November 12, 2005

The International Criminal Tribunal for the former Yugoslavia (ICTY) has threatened Serbia and Montenegro with "excommunication" from Euro-Atlantic integration, particularly with respect to the country's bid to become part of the European Union and NATO, if it does not deliver Ratko Mladic to the tribunal. Mladic, a former Bosnian Serb wartime commander, has been indicted by the tribunal on charges of genocide relating to the Srebrenica massacre and the siege on Sarajevo. ICTY President Theodor Meron made the comments after meeting with Serbian Prime Minister Vojislav Kostunica.

See: Reuters, Hague gives Serbia 7-week deadline for Mladic

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TIMOR-LESTE

CAVR Presents Findings to President Gusmao

November 2, 2005

The Commission for Reception, Truth, and Reconciliation in Timor-Leste (known by its Portuguese acronym, CAVR) has presented its finding to President Xanana Gusmao. The report will be made public at the end of November when Gusmao submits the report to parliament and to United Nations Secretary General Kofi Annan.

See: AP, UN-sponsored panel presents report on 24 years of occupation of East Timor

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Editor: Patrick J. Pierce

Patrick J. Pierce serves as a consultant to the ICTJ.