news
- Book Release (2009)
Building a Future on Peace and Justice
Kai Ambos; Judith Large; Marieke Wierda, (Eds.)
Studies on Transitional Justice, Peace and Development
The Nuremberg Declaration on Peace and Justice
Online and hardcover version available
- Press Release
June 20, 2008:
Press Statement: Nuremberg Declaration on Peace and Justice (pdf; 10 KB)
- Press Release
June 27, 2007:
Press Statement at the conclusion of the Conference (pdf; 60 KB)
- Press Release
June 25, 2007:
Federal Minister Steinmeier opens Peace Conference in Nuremberg: "Peace and reconciliation cannot be achieved by thinking in black and white" (pdf; 10 KB)
Parallel workshops
Tuesday, 26 June 2007, 09.30 - 13.00 h
Workshop 2:
Justice in Situations of Ongoing Conflict
Panel:
Chair: Sylvia Fernández
Experts:
1. Adam O'Brien, International Crisis Group (ICG)
2. Michael Otim, Independent Expert, Gulu NGO Forum
3. Marieke Wierda, International Center for Transitional Justice (ICTJ)
4. David Crane (TBC), Syracuse University
5. Moses Chrispus Okello, Makerere University
6. Patrick Vinck, University of California
English
Interpreting service into French and German
Workshop abstract:
While sequencing has become a popular term in referring to tensions between peace and justice, it may not be possible to deal with each in succession. In certain situations, it may be necessary to consider hard justice options such as prosecutions during an on-going conflict. In the former Yugoslavia for instance, Karadzic and Mladic were indicted prior to the conclusion of the Dayton Peace Agreement in 1995. This affected their standing and their relationship with Serbia during those negotiations. Similarly, an indictment against Charles Taylor was unveiled by the Special Court for Sierra Leone while he was in Ghana as part of negotiations to end a 14 year old conflict in Liberia in June 2003. While Taylor initially fled back to Liberia, thus disrupting the peace negotiations, he eventually agreed to go into exile in Nigeria in August 2003. From there he was eventually surrendered to the Special Court for Sierra Leone in March 2006. To date, the ICC is operating exclusively in situations of ongoing conflict.
In dealing with these situations, Prosecutors have very difficult choices to make in terms of the factors to consider before they take proactive steps such as issuing indictments or warrants. This workshop will seek to identify some of the considerations that justice actors themselves should have in mind when exercising their mandate in such situations. Strategies to pursue justice in ongoing conflict may include mapping, documentation, and witness protection. Security issues and political constraints are important factors which further impact such choices.
But these considerations will not be formed in isolation. In any conflict situation, there are a wide range of other factors that need to be taken into account to ensure the compatibility between peace and justice. For instance, in Northern Uganda, the severity of the humanitarian situation itself lends urgency to finding a peaceful solution. Humanitarian organizations have been critical of the involvement of the International Criminal Court, for fear that it's involvement may potentially prolong the conflict, and that it may affect their own ability to exercise their mandate. Many of the consequences of a conflict erode socio-economic rights such as mass displacement, and may therefore particularly affect vulnerable groups such as women and children. On the other hand, the legal framework applied by a court is better equipped to deal with civil and political violations such as killings, torture and rape.
The involvement of a justice institution may also raise complex issues of legitimacy. What is it that victims want and how can they be adequately consulted? Who speaks for victims? At times, local traditions have been put forward as alternatives to international courts. But are these truly legitimate, and when should institutions such as international courts defer to these? How should all of these considerations and the views of the different stakeholders impact on attempts to negotiate a peaceful settlement to a conflict? All of these issues will be discussed in this workshop.
Workshop responsible:
International Centre for Transitional Justice (ICTJ)