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Regional Strategy Meeting January 26-27, 2012

Understanding Impunity. Regional Strategy Meeting January 26-27, 2012. Patrick J. Pierce. September 9, 2014. Three essential concepts. Sovereignty Call for domestic mechanism, so when they set up a bad one, have to play the game and demonstrate that is it not useful Complementarity

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Regional Strategy Meeting January 26-27, 2012

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  1. Understanding Impunity Regional Strategy Meeting January 26-27, 2012 Patrick J. Pierce September 9, 2014

  2. Three essential concepts • Sovereignty Call for domestic mechanism, so when they set up a bad one, have to play the game and demonstrate that is it not useful • Complementarity from the Rome Statute, but relevant in most aspects of international relations willingness and capacity consider hybrid approaches • Accountability = non-existence of impunity (broadly understood)

  3. Principles for combatting impunity Sources: Updated Set of principles for protection and promotion of human rights through action to combat impunity (2005) The UN Basic Principles and Guidelines on the Right to a Remedy (2006) UNSG Reports to the Security Council on the Rule of Law (2004 and 2011) Newly established Special Rapporteur for the Promotion of Truth, Justice, Reparation, and Guarantees of Non-Recurrence (2012)

  4. Truth-seeking • Why are the challenges to truth? Lies Fog • Types of truth-seeking bodies Truth commissions Commissions of inquiry Civil-society truth projects (e.g. documentation) • Best practices of truth-seeking bodies Victim-centered Accessibility Public awareness of findings and recommendations

  5. Prosecutions • Judicial investigations of those alleged to be responsible for HRVs and other crimes • Venues for prosecutions for mass atrocities Domestic International (ICTY, ICTR, ICC) Hybrid

  6. Reparations • State-sponsored initiatives to repair material or moral damages caused by past abuses. • Material – Individual or collective Restitution Compensation Rehabilitation • Symbolic (providing satisfaction) – individual or collective Apologies Monuments or memorials Recovering the remains of missing persons

  7. Guarantees of Non-Recurrence • Changing institutions or systems – tries to get at root causes of human rights violations • Types of institutions | Types of reforms Constitutional reform | amendments Security-sector reform | Demobilization, Disarmament, and Rehabilitation (DDR); Vetting Educational reform | History curriculum about period of violence or repression

  8. Gender Justice & Transitional Justice • Truth-seeking • Criminal Justice • Reparations • Guarantees of Non-Recurrence • Access to anti-impunity measures • Designing and implementing anti-impunity measures with an understanding of gender-based violence Structural and historical violence Sexual violence

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