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ICTJ/DCAF 3 November 2005

Transitional Justice and Security Sector Reform. ICTJ/DCAF 3 November 2005. What is Transitional Justice?. Justice in the context of “transition to democracy” Efforts to overcome injustice: address a legacy of human rights abuse in countries emerging from conflict or authoritarian rule.

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ICTJ/DCAF 3 November 2005

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  1. Transitional Justice and Security Sector Reform ICTJ/DCAF 3 November 2005

  2. What is Transitional Justice? • Justice in the context of “transition to democracy” • Efforts to overcome injustice: address a legacy of human rights abuse in countries emerging from conflict or authoritarian rule

  3. What are the Aims of TJ? • Not: “cheap reconciliation” • Not: revenge • But: build the rule of law and democracy • Recognition of individuals as citizens with equal rights • Build civic trust among citizens • Justice or peace? Justice to build sustainable peace!

  4. TJ is a Legal Obligation • Decisions of the Inter-American Court on Human Rights, Human Rights Committee, European Court on Human Rights • Ratification of the International Criminal Court • Report of the UN Secretary-General on transitional justice and the rule of law • UN principles to combat impunity

  5. What are the Means of TJ? • Criminal prosecution • Serious international crimes • National • International (supplementary) • Truth seeking • Truth commissions • Reparation • Institutional Reform • Judicial reform • SSR… • [Reconciliation] Complementarity of means

  6. TJ and SSR • A duty to prevent the recurrence of abuses • Build fair and effective institutions • Focus on security sector • Responsible for most serious abuses • Responsible to protect basic human rights (life, security, integrity…

  7. A TJ-sensitive Approach to SSR • (Re-)build civic trust • Consultations: victims and public in general • Learn to live with a legacy of abuse • Acknowledge past abuse (truth-seeking) • Change symbols associated with abusive past

  8. Key SSR Measures • Census and identification • Accountability mechanisms • Civilian oversight • Civilian complaint • Internal discipline • Operational independence • Remove political interference • Vetting and personnel reform

  9. Vetting and Personnel Reform • Vetting: assessing integrity to determine suitability for public employment • Necessary to build trustworthy public institutions: • Aims at excluding individuals with integrity deficits to • Re-establish civic trust and to re-legitimize public institutions • Limited measure of accountability • Address impunity gap • Not a replacement for criminal accountability • Vetting is insufficient • Multifaceted short-comings • Personnel reform needs to be comprehensive to be effective

  10. Capacity and Integrity Framework (CIF) A PUBLIC INSTITUTION Mandate INDIVIDUAL ORGANIZATION • Education • Experience • Aptitude • Structure • Resources • Information CAPACITY • Representation • Accountability • Service • Human Rights • Conduct • Affiliation INTEGRITY

  11. Vetting Criteria • Capacity • Education • Professional competence and experience • Physical and psychological aptitude • Integrity • Human rights • Professional conduct • Impartiality • Representation • Gender • Ethnicity • Origin • Religion

  12. Vetting Process • Legitimacy: minimum standards in each of the three categories • But: Obligation to exclude individuals with serious integrity deficits • Gross HR violations • Serious crimes under IHL • Different types • All or certain • Special or regular • Serving officers or recruits • Respect due process

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