Post Conflict Reconstruction and Development 2017/2018
Assignment questions: choose one of the following question
All essays are expected to draw on the extensive literature available (and referenced) within the course, but also to draw on at least one contemporary and relevant example.
1. Is international intervention to prevent conflict a good idea?
2. What are the main challenges of disarmament, demobilisation and reintegration and how might you develop policies to cope with them?
3. What do you understand by the term securitisation? How might it affect post-conflict policy making?
4. When do post-conflict interventions start and under what circumstances might they end? What are the main issues of changing post conflict interventions in to broader development approaches?
5. How might you construct post conflict security institutions to make them supporters of peace rather than agents of conflict?
6. What has been the impact of UNSC Resolution 1325 on post-conflict interventions?
7. Critically address the question posed in Cynthia Enloe (2004): Demilitarization or more of the same?
8. In what ways does legal pluralism provide an effective way of providing justice in post conflict environments?
9. How does transitional justice differ from longer-term normal justice? Should those who engage in conflict violence be subject to different legal standards and why?
10. What are the advantages and disadvantages of transitional justice as a means to develop peace?
11. Why might democracy not work in post-conflict situations?
12. Critically evaluate the following statement: The past should remain in the past. There is no value in remembering conflicts.
I would prefer to answer the 6th question or the 8th or the 9th
I would like to focus on all the points in unsc resolutions 1325 , advantages and disadvantages ,you have the free will to choose the question that would guarantee the highest mark possible , illustrative and practical examples are required deeply .
word limits at least 2750 and max 3100
First task
What is transitional justice?
? The full range of processes and mechanisms associated with a societys attempt to come to terms with a legacy of large-scale past abuses, in order to ensure accountability, service justice, and achieve reconciliation (UNSC 2004)
What is transitional justice for?
? Dealing with war crimes, including crimes against humanity ? Establishing truth ? Punishing perpetrators of violence ? Challenging the idea of impunity ? Rebuilding relationships (in communities, and between communities and the state)
War crimes
? ICC: serious violations of the laws and customs applicable in international armed conflict and serious violations of the laws and customs applicable in an armed conflict not of an international character. ? Includes: wilful killing, torture (inhuman treatment and includes experimentation), wilfully causing great suffering or injury, extensive destruction and appropriation of property, compelling a POW to serve in hostile forces, depriving POWs of a fair trial or treatment, unlawful deportation or confinement, taking of hostages These must be large scale and/or systematic
Crimes against humanity
? widespread or systematic attack against a civilian population ? Differs from genocide because it doesnt require one group to be targeted ? Includes: murder, extermination, enslavement, deportation, imprisonment, torture, rape, sexual slavery, forced pregnancy/sterilization, forced prostitution, disappearances, apartheid
Genocide
? attempt to destroy, in whole or in part, a national, ethnic, or religious group ? Includes Killing members of a group Causing bodily or mental harm to members of a group Deliberately inflicting on group conditions of life calculated to bring about its physical destruction in whole or in part Imposing measures to prevent birth Forcibly transferring children
? Can also punish conspiracy and incitement to commit genocide
Institutional responses : special tribunals
? e.g. ICTY, ICTR, Special Court on Sierra Leone, Special Tribunal on Lebanon ? Established by, or with, the UN on an ad hoc basis to try perpetrators, which usually refers to leaders/senior officials. ? Tries to avoid being seen as revenge by using well-established legal procedures and precedent, and by sometimes holding trials on neutral territory ? Critiques: selective, costly, time-consuming, gap between local and international norms, the impact (or lack thereof) on domestic politics/social relations
Institutional responses: truth commissions ? Construct an official account of past abuses over a defined period of time in a specific area or a specific conflict ? Provide recognition for victims ? Alternative to blanket amnesties for former leaders but can involve a tradeoff between freedom for truth
? Pros: reconciliation, feasible for largescale crimes or where military is still in place, recognition and closure for victims ? Cons: lack of deterrence, establishing shared meaning is difficult, and forgiveness is even harder
Institutional responses: ICC
? Independent court established by the Rome Statute ? Liberal view of human rights: universalist and should be enforced regardless of the view of the state ? Differs from special tribunals: permanent (as opposed to ad hoc) and global (not state-specific ? Investigates 4 classes of crime: (1) crimes against humanity (2) war crimes (3) genocide (4) acts of aggression) ? Brought by state referral, UNSC referral, or special prosecutor referral
Things to consider
? Lots of factors in determining the success of transitional justice, including whether or not it is seen as legitimate, whether or not the government and the people are committed and involved, the level of community outreach, how quickly it is implemented ? Salience of the justice can impact whether or not population identifies with the process ? Need to keep in mind the extent of the perpetrator population South Africa: all white South Africans benefited from apartheid, but only a few were directly responsible Rwanda: participation was much more widespread, but there isnt the infrastructure to try everyone
Questions to ask about transitional justice ? Balance between retributive, restorative, and rehabilitative elements? ? How is it presented to the public? ? How are decisions made about who to prosecute? ? How does it fit with the other forms of postconflict reconstruction? ? How does it contribute to peace?
Case study: Rwanda
? Population 6m (1994);12.2m (2017 estimate) ? Landlocked with high population density ? 3 ethnic groups: Hutu (85%); Tutsi (10-14%), Twa (1%) ? 1994: 800,000 to 1 million Tutsi killed over a 100 day period ? UN ineffective; genocide ended with invasion of RPF (Tutsi)
Transitional justice after the genocide
? In 2000, over 120,000 genocidaires were packed into prisons and communal jails ? Challenges were: restore rule of law and challenge the idea of impunity, strike a balance between retribution and reconciliation, punish but also help survivors and perpetrators co-exist ? Hybrid approach to justice: ICTR, Rwandan courts, and gacaca ? Additionally crimes were categorised according to severity
Gacaca
? Proposed based on earlier system used to adjudicate local crimes ? Rooted in truth and reconciliation, but also punishment ? Part of a government promotion of Rwandan-ness ? Challenges include witness protection lack of attorneys, and Tutsi domination of process
Task: how can we do transitional justice differently?
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