Canadian Consortium on Human Security
January 2008 I Vol 6, Issue 1
Reports, Analysis and Data
1. Reports
Northern Ireland: A Balanced Approach to Amnesty, Reconciliation, and Reintegration
Clark, John (2008)
Military Review, January-February 2008
Synopsis: This discussion surveys British efforts at amnesty, reconciliation and reintegration (AR2), framing them as a case study to help with understanding how these three concepts functioned in leading to peaceful resolution.Pursuing Justice in Ongoing Conflict – A Discussion of Current Practice
International Centre for Transitional Justice (2007)
Synopsis: The article explores current practices in the pursuit of justice in situations of ongoing conflict, drawing from recent experiences in Afghanistan, Colombia, the DRC, Sierra Leone, Liberia, Sudan, Uganda and the former Yugoslavia.The Pinochet Effect: Transnational Justice in the Age of Human Rights.
Roht-Arriaza, Naomi (2005)
Philadelphia: University of Pennsylvania Press
Synopsis: This book traces the roots of the landmark Pinochet case and follows its development and those of related cases, through Spain, the United Kingdom, elsewhere in Europe, and then through Chile, Argentina, Mexico, and the United States. Her exploration of these cases highlights the shifting dynamics in transitional justice.2. Analysis
The “Armed Reconciler”: The Military Role in the Amnesty, Reconciliation and Reintegration Process
Mosser, Michael W. (2007)
Military Review, November-December 2007
Synopsis: The role of the military as “armed reconciler,” is examined. Mosser argues that in failed states or ungovernable spaces the U.S. Government should consider using the military as a “forcing function” to “bring aggrieved populations together” in order to play a role in facilitating the broader amnesty, reconciliation and reintegration process.Can Amnesties and International Justice be Reconciled?
International Journal of Transitional Justice, 1(2):208-230
Synopsis: This paper highlights “the ways in which international courts and quasi-judicial bodies address the dilemma of peace versus justice, in relation to amnesty laws.” The argument is made that “international courts should recognize amnesties that are introduced with democratic approval to promote peace and reconciliation, provided that they are accompanied by mechanisms to fulfill the victims’ rights.”In Uganda, Peace Versus Justice
Synopsis: This is a brief analysis of the challenge faced by the ICC in trying to bring Joseph Kony, leader of the Lords Resistance Army (LRA) to trial in Uganda."Sudan: Confronting the Atrocities in Darfur"
Synopsis: The United Nations Security Council referred Darfur to the International Criminal Court in 2005. This article presents an overview of the ICC's challenges, limitations and potential contributions to the efforts toward peace and justice in Sudan.Truth Commission Amnesties and the International Criminal Court
British Journal of Criminology, 45(5): 565-581
Synopsis: This article states that the national truth commissions and the ICC are at times faced with competing interests. In order to decrease friction between the two justice systems, the ICC Prosecutor “should delay bringing any prosecutions until a truth commission has completed its work and then prosecute individuals from the pool who had not been granted amnesties.” Such an approach would be beneficial for both truth commissions and the ICC.Legality of amnesties in international humanitarian law
The Lomé Amnesty Decision of the Special Court for Sierra Leone
International Committee of the Red Cross
Synopsis: This paper discusses the significance for international humanitarian law of the Special Court for Sierra Leone’s ruling that amnesties do not bar the prosecution of international crimes before international or foreign courts.Serving the Interest of Justice: Amnesties, Truth Commissions and the International Criminal Court.
European Journal of International Law, Vol, 14 No. 3, p481-505
Synopsis: Three mechanisms within the ICC statute by which the ICC could consider deference to non-prosecutorial programs are highlighted and examined. The ICC’s objective of prosecution and punishment of those responsible for serious national crimes is reaffirmed. However, it is noted that “there may be exceptional circumstances in which a rigid approach by the ICC would be irresponsible”. The article calls for the development of appropriate standards for assessing transitional justice mechanisms which would likely involve an assessment of the “extent of the departure from the ideal of prosecution, as well as the reasons for that departure”.African International Courts and Tribunals
Project on International Courts and Tribunals (2007)
Synopsis: A new website devoted exclusively to international courts and tribunals in Africa, this site is intended to serve as a centralized source of information for scholars, practitioners and laypersons working on or in Africa, and for those interested in international justice trends, news and data.Pham, Phuong; Vinck, Patrick; Stover, Eric; Moss, Andrew; Weirda, Marieke; Bailey, Richard (2007)
Synopsis: This survey sought to capture attitudes about peace, justice, and social reconstruction while peace talks were taking place between the Ugandan government and the LRA in Juba, south Sudan. The survey findings provide valuable insight into the post-conflict priorities of those surveyed - healthcare, peace, education and livelihood concerns ranked highly, while only 3 percent of those surveyed mentioned justice as their top priority.Post-Conflict Justice and Sustainable Peace
Lie, Tove Grete; Binningsbø, Helga Malmin; Gates, Scott (2007)
Centre for the Study of Civil War, PRIO and the Norwegian University of Science & Technology
Synopsis: This paper examines the effects of post-conflict justice (PCJ) on the prospects for post-conflict peace and stability, focusing on ‘what works’ rather than what is morally or legally appropriate. A Cox proportional hazard model is used to analyze the influence of the various types of post-conflict justice on the length of the peace period before the recurrence of violent conflict. Amnesty is found to significantly increase the risk of peace failure in most post-conflict settings.Quaker Peace and Social Witness and Conciliation Resources (2006)
Synopsis: This study evaluates the significance of various push and pull factors in influencing the decision of LRA commanders to return to civilian life. It identifies amnesty as the “most significant pull factor.”Truth Commissions Project (2002)
Synopsis: This website presents amnesty information from Truth Commissions in Argentina, Chile, El Salvador, Guatemala and South Africa, with the aim of aiding decision makers in designing future Truth Commissions.Uganda rebels ask for forgiveness
Synopsis: The article highlights the growing success of the LRA campaign in Northern Uganda in support of traditional forms of justice. The Archbishop of Gulu, one of their most prominent supporters, says: “Forgiveness is healing and it has a more lasting effect then revenge, the perpetuation of hatred, the perpetuation of war,” adding: “we don't see a role for the ICC”.Indonesia Criticizes UN Chief over Stance on E. Timor Commission
Synopsis: Indonesia’s Foreign Minister argues that the “strict prosecutorial approach applied by the United Nations in similar cases elsewhere in the world has failed to address issues of impunity and to solve problems comprehensively”. The East Timor Commission has no power to prosecute, but “recommends amnesty to those found responsible for committing gross human rights violations”UN Boycotts East Timor Truth Commission over Amnesty Concerns
Associated Press, July 27, 2007
Synopsis: The United Nations is at odds with the Indonesia-East Timor Commission of Truth and Friendship (PKK), a peace commission looking into the post-referendum violence in East Timor. The PKK will not scrap the possibility of granting amnesty to human rights violators.Snyder, Jack; Vinjamuri, Leslie (2006)
International Herald Tribune, September 26, 2006
Synopsis: Amnesties are described as an “effective midwife for the birth of peace and democracy”. The authors look at Uganda, Mozambique, Algeria, El Salvador and Macedonia and suggest that the ICC should promote the use of amnesties, but only “under the right conditions”.Economist.com, August 31, 2006
Synopsis: A comprehensive overview of the dilemma in Uganda. A truce between the Lord's Resistance Army and Uganda's government could signal the end of a long and murderous conflict. But the crimes of the rebel group's leaders may go unpunished.
