Post on 20-Dec-2015
Justice TribunalsJustice Tribunals
June 21, 2008June 21, 2008
Justice TribunalsJustice Tribunals Background on human rights and Background on human rights and
humanitarian standardshumanitarian standards Nuremberg PrinciplesNuremberg Principles United NationsUnited Nations International lawInternational law
Ad hoc tribunalsAd hoc tribunals International Criminal CourtInternational Criminal Court Extraordinary Chambers in the Courts of Extraordinary Chambers in the Courts of
CambodiaCambodia Other transitional justice mechanismsOther transitional justice mechanisms
Human RightsHuman Rights
DefinitionDefinition Early GroundingsEarly Groundings
Philosophical Philosophical ReligiousReligious
Post-World War IIPost-World War II
TrialsTrials International Military Tribunal in Nuremberg International Military Tribunal in Nuremberg
and for the Far Eastand for the Far East Establishment of the United NationsEstablishment of the United Nations
International human rights standardsInternational human rights standards
Nuremberg and Far Eastern TrialsNuremberg and Far Eastern Trials
BasisBasis Crimes chargedCrimes charged DefendantsDefendants JudgmentsJudgments AftermathAftermath
Nuremberg PrinciplesNuremberg Principles
1.1. Punishment for crimes under international Punishment for crimes under international law law
2.2. Absence of national law does not erase Absence of national law does not erase responsibilityresponsibility
3.3. No head of state immunityNo head of state immunity
4.4. Individual responsibilityIndividual responsibility
5.5. Right to a fair trialRight to a fair trial
6.6. Enumeration of punishable crimesEnumeration of punishable crimes
History of United NationsHistory of United Nations
League of NationsLeague of Nations United NationsUnited Nations
Declaration by Declaration by United Nations United Nations (1942)(1942)
UN Charter (1945)UN Charter (1945)
Declaration of St. James’ PlaceDeclaration of St. James’ Place
The only true basis of enduring peace is the The only true basis of enduring peace is the willing cooperation of free peoples in a willing cooperation of free peoples in a world in which, relieved of the menace of world in which, relieved of the menace of aggression, all may enjoy economic and aggression, all may enjoy economic and social security.social security.
It is our intention to work together, and with It is our intention to work together, and with other free peoples, both in war and peace, other free peoples, both in war and peace, to this end. to this end.
International Human Rights LawInternational Human Rights Law
International Bill of Human RightsInternational Bill of Human Rights Universal Declaration of Human Rights Universal Declaration of Human Rights
(UDHR)(UDHR) International Covenant on Economic, Social International Covenant on Economic, Social
and Cultural Rights (ICESCR)and Cultural Rights (ICESCR) International Covenant on Civil and Political International Covenant on Civil and Political
Rights (ICCPR)Rights (ICCPR) First Optional Protocol First Optional Protocol Second Optional Protocol (death penalty)Second Optional Protocol (death penalty)
Core International Human Rights Core International Human Rights TreatiesTreaties
Convention on the Elimination of All Forms of Convention on the Elimination of All Forms of Discrimination against WomenDiscrimination against Women
Convention on the Elimination of All Forms of Convention on the Elimination of All Forms of Racial DiscriminationRacial Discrimination
Convention against Torture and Other Cruel, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or PunishmentInhuman or Degrading Treatment or Punishment
Convention on the Rights of the ChildConvention on the Rights of the Child Convention on the Protection of the Rights of All Convention on the Protection of the Rights of All
Migrant Workers and Members of Their FamiliesMigrant Workers and Members of Their Families
International Humanitarian LawInternational Humanitarian Law
““Laws of War”Laws of War” Seeks to limit effects of armed conflictSeeks to limit effects of armed conflict
Protects persons who are not or are no longer Protects persons who are not or are no longer participating in the hostilities participating in the hostilities
restricts the means and methods of warfare restricts the means and methods of warfare Applies to international and domestic Applies to international and domestic
armed conflictsarmed conflicts
International Humanitarian LawInternational Humanitarian Law
Geneva Conventions (4)Geneva Conventions (4) Protocols Additional to Geneva ConventionsProtocols Additional to Geneva Conventions
Rome Statute of the International Criminal Rome Statute of the International Criminal CourtCourt
Protocol for the Prohibition of the Use of Protocol for the Prohibition of the Use of Asphyxiating, Poisonous or Other Gases, Asphyxiating, Poisonous or Other Gases, and Warfare,and Warfare,
Convention for the Protection of Cultural Convention for the Protection of Cultural Property in the Event of Armed ConflictProperty in the Event of Armed Conflict
Geneva Conventions Geneva Conventions Grave BreachesGrave Breaches
Willful KillingWillful Killing Torture or inhuman treatmentTorture or inhuman treatment Willfully causing great suffering or serious injury Willfully causing great suffering or serious injury
to body or healthto body or health Unlawful deportation or transfer or unlawful Unlawful deportation or transfer or unlawful
confinement of a protected personconfinement of a protected person Compelling a protected person to serve in the Compelling a protected person to serve in the
forces of a hostile powerforces of a hostile power Willfully depriving a protected person of the right Willfully depriving a protected person of the right
to a fair trialto a fair trial Taking of hostagesTaking of hostages Extensive destruction and appropriation of Extensive destruction and appropriation of
propertyproperty
Geneva Conventions – Art. 3Geneva Conventions – Art. 3
Addresses non-international armed Addresses non-international armed conflictsconflicts
States must:States must: Prohibit specific crimes against Prohibit specific crimes against persons persons
taking no part in the hostilitiestaking no part in the hostilities Ensure the Ensure the wounded and sickwounded and sick are collected are collected
and cared forand cared for
War CrimesWar Crimes
Rome StatuteRome Statute Grave breaches of the Geneva Grave breaches of the Geneva
ConventionsConventions Serious violations of the laws of Serious violations of the laws of
international armed conflictinternational armed conflict Serious violations of common art. 3 (non-Serious violations of common art. 3 (non-
international)international) Serious violations of the laws of non-Serious violations of the laws of non-
international conflictinternational conflict
Crimes against HumanityCrimes against HumanityRome StatuteRome Statute
Murder; Murder; Extermination; Extermination; Enslavement;Enslavement; Deportation or forcible transfer of population; Deportation or forcible transfer of population; Imprisonment or other severe deprivation of physical liberty;Imprisonment or other severe deprivation of physical liberty; Torture; Torture; Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced
sterilization, or any other form of sexual violence of comparable gravity; sterilization, or any other form of sexual violence of comparable gravity; Persecution against any identifiable group or collectivity on political, racial, Persecution against any identifiable group or collectivity on political, racial,
national, ethnic, cultural, religious, gender or other grounds that are national, ethnic, cultural, religious, gender or other grounds that are universally recognized as impermissible under international lawuniversally recognized as impermissible under international law
Enforced disappearance of persons; Enforced disappearance of persons; The crime of apartheid; The crime of apartheid; Other inhumane acts of a similar character intentionally causing great Other inhumane acts of a similar character intentionally causing great
suffering, or serious injury to body or to mental or physical health.suffering, or serious injury to body or to mental or physical health.
GenocideGenocideGenocide Convention (1951)Genocide Convention (1951)
Killing members of the group;Killing members of the group; Causing serious bodily or mental harm to Causing serious bodily or mental harm to
members of the group;members of the group; Deliberately inflicting on the group Deliberately inflicting on the group
conditions of life calculated to bring about conditions of life calculated to bring about its physical destruction in whole or in part;its physical destruction in whole or in part;
Imposing measures intended to prevent Imposing measures intended to prevent births within the group;births within the group;
Forcibly transferring children of the group Forcibly transferring children of the group to another group.to another group.
Ad Hoc TribunalsAd Hoc Tribunals
International Criminal Tribunal for International Criminal Tribunal for Yugoslavia (ICTY) (1993)Yugoslavia (ICTY) (1993)
International Criminal Tribunal for Rwanda International Criminal Tribunal for Rwanda (ICTR) (1995)(ICTR) (1995)
Special Panels for East Timor (1999-2005)Special Panels for East Timor (1999-2005) Special Court for Sierra Leone (SC-SL) Special Court for Sierra Leone (SC-SL)
(2002)(2002) Extraordinary Chambers in the Courts of Extraordinary Chambers in the Courts of
Cambodia (ECCC) (2003)Cambodia (ECCC) (2003)
ICTY and ICTRICTY and ICTR
ICTYICTY The Hague, NetherlandsThe Hague, Netherlands Crimes committed in Crimes committed in
territory of former territory of former Yugoslavia from 1991Yugoslavia from 1991
Committed by any person Committed by any person who planned, instigated, who planned, instigated, ordered, committed or ordered, committed or otherwise aided and otherwise aided and abetted abetted
161 indictments161 indictments 113 cases concluded 113 cases concluded
ICTRICTR Arusha, TanzaniaArusha, Tanzania Crimes committed Crimes committed
between 1 January and between 1 January and 31 December 1994 31 December 1994
Committed by Rwandans Committed by Rwandans in Rwanda and in in Rwanda and in neighboring States, as neighboring States, as well as non-Rwandans for well as non-Rwandans for crimes committed in crimes committed in RwandaRwanda
At least 33 concluded At least 33 concluded casescases
ICTY and ICTRICTY and ICTR
ICTYICTY GenocideGenocide Crimes against Crimes against
humanity humanity Grave breaches of Grave breaches of
the 1949 Geneva the 1949 Geneva ConventionsConventions
Violations of the laws Violations of the laws or customs of waror customs of war
ICTRICTR GenocideGenocide Crimes against Crimes against
humanityhumanity Violations of Article 3 Violations of Article 3
common to the common to the Geneva Conventions Geneva Conventions and of Additional and of Additional Protocol IIProtocol II
Special Panels of Serious Crimes Special Panels of Serious Crimes for East Timorfor East Timor
MandateMandate JurisdictionJurisdiction ProceedingsProceedings
Completed 55 trialsCompleted 55 trials 84 individuals 84 individuals
convicted convicted 3 individuals acquitted 3 individuals acquitted
Special Court for Sierra LeoneSpecial Court for Sierra Leone
Hybrid TribunalHybrid Tribunal MandateMandate 4 cases:4 cases:
AFRCAFRC CDFCDF RUFRUF Charles TaylorCharles Taylor
International Criminal CourtInternational Criminal Court
Permanent court (2002)Permanent court (2002) Rome StatuteRome Statute
MandateMandate Court of last resortCourt of last resort 4 countries under investigation:4 countries under investigation:
UgandaUganda Democratic Republic of CongoDemocratic Republic of Congo Central African RepublicCentral African Republic SudanSudan
Extraordinary Chambers in the Extraordinary Chambers in the Courts of Cambodia (ECCC)Courts of Cambodia (ECCC)
ECCC - BackgroundECCC - Background
Mixed tribunalMixed tribunal Established by the Cambodian Established by the Cambodian
government and the UNgovernment and the UN Located in Phnom Penh, CambodiaLocated in Phnom Penh, Cambodia Timeline Timeline BudgetBudget
ECCC - WhoECCC - Who
Senior leaders of Democratic KampucheaSenior leaders of Democratic Kampuchea Those most responsible for the crimes Those most responsible for the crimes
recognized under the Law on the recognized under the Law on the Establishment of the ECCCEstablishment of the ECCC
5 former Khmer Rouge leaders in custody 5 former Khmer Rouge leaders in custody and awaiting trial: and awaiting trial: Kaing Guek Eav, leng Sary, leng Thirith, Kaing Guek Eav, leng Sary, leng Thirith,
Khieu Samphan, Nuon CheaKhieu Samphan, Nuon Chea
ECCC - CrimesECCC - Crimes
Crimes between April 17, 1975 – Jan. 6, 1979Crimes between April 17, 1975 – Jan. 6, 1979 Crimes under both Cambodian law and Crimes under both Cambodian law and
international lawinternational law
ECCC - CrimesECCC - Crimes
Cambodian LawCambodian Law HomicideHomicide TortureTorture Religious PersecutionReligious Persecution
International LawInternational Law GenocideGenocide Crimes against humanityCrimes against humanity Grave breaches of the Geneva ConventionsGrave breaches of the Geneva Conventions Destruction of cultural propertyDestruction of cultural property Crimes against internationally protected Crimes against internationally protected
personspersons
ECCC ECCC Crimes under International LawCrimes under International Law
GenocideGenocide Killing members of the group;Killing members of the group; Causing serious bodily or mental harm to Causing serious bodily or mental harm to
members of the group;members of the group; Deliberately inflicting on the group conditions of Deliberately inflicting on the group conditions of
life calculated to bring about its physical life calculated to bring about its physical destruction in whole or in part;destruction in whole or in part;
Imposing measures intended to prevent births Imposing measures intended to prevent births within the group;within the group;
Forcibly transferring children of the group to Forcibly transferring children of the group to another group.another group.
ECCC ECCC Crimes under International LawCrimes under International Law
Crimes against humanityCrimes against humanity MurderMurder ExterminationExtermination EnslavementEnslavement DeportationDeportation ImprisonmentImprisonment TortureTorture RapeRape Persecutions on political, racial and religious Persecutions on political, racial and religious
groundsgrounds Other inhumane actsOther inhumane acts
ECCCECCCCrimes under International LawCrimes under International Law
Grave breaches of the Geneva ConventionsGrave breaches of the Geneva Conventions Willful killingWillful killing Torture or inhumane treatmentTorture or inhumane treatment Willfully causing great suffering or serious injury to body or Willfully causing great suffering or serious injury to body or
healthhealth Destruction and serious damage to property, not justified by Destruction and serious damage to property, not justified by
military necessity and carried out unlawfully and wantonlymilitary necessity and carried out unlawfully and wantonly Compelling a prisoner of war or a civilian to serve in the Compelling a prisoner of war or a civilian to serve in the
forces of a hostile powerforces of a hostile power Willfully depriving a POW or civilian the right to a fair trialWillfully depriving a POW or civilian the right to a fair trial Unlawful deportation or transfer or unlawful confinement of a Unlawful deportation or transfer or unlawful confinement of a
civiliancivilian Taking civilians as hostagesTaking civilians as hostages
ECCCECCC
PunishmentPunishment Imprisonment between 5 years to life Imprisonment between 5 years to life
imprisonmentimprisonment Confiscation of property and/or moneyConfiscation of property and/or money No death penaltyNo death penalty
ECCC - StructureECCC - Structure
Judicial ChambersJudicial Chambers Trial ChamberTrial Chamber Supreme Court ChamberSupreme Court Chamber
Co-ProsecutorsCo-Prosecutors Co-Investigating JudgesCo-Investigating Judges Defence SupportDefence Support Office of AdministrationOffice of Administration Victims UnitVictims Unit
ECCC – Victims UnitECCC – Victims Unit
Maintain and provide a list of foreign/national lawyers to represent Victims or Victims Associations
Administer applications for admission to the list of Victims’ Associations to act on behalf of Civil Parties
Assist Victims in lodging complaints; Assist Victims in submitting Civil Party applications; Provide information to Victims and Civil Parties to
facilitate effective participation; Facilitate participation of Victims and the common
representation of Civil Parties; Assist the Public Affairs Section in outreach activities
related to victims; Adopt regulations to implement this Rule.
ECCC- Victims UnitECCC- Victims Unit
Role of VictimsRole of Victims Testify as witnessesTestify as witnesses File complaintsFile complaints Participate as civil partiesParticipate as civil parties
Participate in criminal proceedings against the suspects by supporting the prosecution;
seek collective and moral reparations,
ECCC - VictimsECCC - Victims
““Collective and Moral Reparations:”Collective and Moral Reparations:” An order to publish the judgment in any
appropriate news or other media at the convicted person’s expense;
An order to fund any non-profit activity or service that is intended for the benefit of Victims; or
Other appropriate and comparable forms of reparation.
ECCCECCC
11stst hybrid tribunal where international hybrid tribunal where international justice and prosecutors are not the justice and prosecutors are not the majoritymajority
Length of time that has passed since Length of time that has passed since crimes committed exceeds any other crimes committed exceeds any other tribunal’s proceedingtribunal’s proceeding
ECCC only official venue for claims of ECCC only official venue for claims of truth and justice about Khmer Rougetruth and justice about Khmer Rouge
ECCC website: ECCC website:
http://www.eccc.gov.kh/http://www.eccc.gov.kh/
Transitional JusticeTransitional Justice
Mechanism(s) to help a country and its Mechanism(s) to help a country and its people move forward after war or massive people move forward after war or massive human rights violationshuman rights violations
Truth and Reconciliation CommissionsTruth and Reconciliation Commissions