This case study reviews and analyzes the deployment of international judges and prosecutors in Kosovo. It is part of a series providing information on hybrid courts' policy and practical issues. Although the Kosovo system of international judges and prosecutors has made significant steps forward, it has been limited by continuing concerns regarding security and independence, ad hoc planning, and poor implementation.
This paper analyzes the serious crimes process the UN established in Timor-Leste to try serious violations of human rights perpetrated in 1999. The main difficulty facing this process is that the vast majority of suspects are in Indonesia, and the Timorese government has not been able to secure their surrender. This issue has called into question the success of the entire operation and whether it was appropriate to pursue a hybrid court in Timor-Leste.
This case study provides basic information and policy analysis on the Special Court for Sierra Leone. It aims to help guide policymakers establishing and implementing similar mechanisms. The Court broke new ground in terms of narrowly focusing on those bearing the greatest responsibility for human rights abuses, allowing for a limited and efficient approach. However, the court faces significant challenges in terms of impact, legitimacy, fairness, and overall efficiency.
Women face a double marginalization under authoritarian regimes and during and after violent conflicts. Nonetheless, reparations programs are rarely designed to address the needs of women victims. What Happened to the Women? Gender and Reparations for Human Rights Violations, argues for the introduction of a gender dimension into reparations programs. The volume explores gender and reparations policies in Guatemala, Peru, Rwanda, Sierra Leone, South Africa, and Timor-Leste.
Part of a series of practitioner-oriented publications by OHCHR, this report provides operational guidelines on the implementation of vetting programs within the broader context of institutional reform in post-conflict or post-authoritarian societies.
This publication, written for the UNDP, provides operational guidelines on the implementation of vetting programs in post-conflict societies.
This article examines and evaluates the Iraq Tribunal's Dujail Trial. The trial marks the beginning of a longer accountability process in the country and can potentially make a lasting contribution to transitional justice. This study assesses the fairness and effectiveness of the trial, and provides suggestions for future trials.
This publication provides an operational framework for vetting and institutional reform. It is intended address the challenges of institutional and personnel reform in post-conflict States through the creation of vetting processes that exclude persons who lack integrity from public institutions. It is divided into three sections: 1) the concept of vetting in the context of institutional reform and transitional justice; 2) the political conditions of post-conflict or post-authoritarian reform; and 3) the operational guidelines themselves.
This publication sets out basic principles and approaches to truth commissions and is intended to assist policymakers in advising on the development of truth-seeking mechanisms. It summarizes lessons learned from the experiences of over 30 truth commissions in the past two to three decades. While truth commissions do not replace the need for prosecutions, they do offer some form of accounting for the past. The work of a truth commission may strengthen prosecutions that take place in the future.
This publication sets out basic considerations on prosecution initiatives. It is intended to assist United Nations field staff when advising on how to address the challenges of prosecuting perpetrators of crimes such as genocide, crimes against humanity and war crimes. It focuses on the strategic and technical challenges these prosecutions face domestically, and denotes principle considerations that should be applied to all prosecutorial initiatives.