Rule of Law and Transitional Justice

  • 2014 | Author: Transitional Justice Institute of the University of Ulster

    The Belfast Guidelines on Amnesty and Accountability

    The Belfast Guidelines on Amnesty and Accountability aim to assist all those seeking to make or evaluate decisions on amnesties and accountability in the midst or in the wake of conflict or repression. The Guidelines identify the multiple obligations and objectives facing states in protecting human rights, explain the legal status of amnesties within the framework of the multiple legal obligations that states must reconcile, assist states in recognising the positive role of certain forms of amnesty in advancing transitional policy and conflict transformation goals, present ways that amnesties and any associated processes or institutions can be designed to complement accountability, recommend approaches that allow public participation and, independent review of decisions to enact and grant amnesty. The Guidelines are divided into four parts: general principles; scope of amnesty; amnesty conditions; and amnesty adoption, implementation and review. All guidelines should be interpreted in accordance with the General Principles in Part A.

  • 2009 | Author: Office of the United Nations High Commissioner for Human Rights (OHCHR)

    Rule of Law Tools for Post-conflict States: Amnesties

    This publication identifies the principal rules of international law and United Nations policy that should guide United Nations personnel when confronted with draft amnesties. Examples of amnesties are provided to illustrate the rules of international law that are applicable when assessing an amnesty. This publication further considers the relationship between amnesties and various processes of transitional justice and provides guidance to practitioners who may encounter questions when seeking to apply the principles summarized in Amnesties to ambiguous situations in the field.

  • 2009 | Author: P. Hayner (HD Center for Humanitarian Dialogue, International Center for Transitional Justice - ICTJ)

    Negotiating Justice: Guidance for Mediators

    This paper intends to provide guidance on the parameters and policy options for justice in the context of peace negotiations, including basic facts of law, guidance on amnesties and international criminal justice, and lessons for incorporating approaches to accountability that are not limited to prosecutions. It is based in part on lessons emerging from recent mediation experiences in a range of country contexts, with a particular focus on Liberia, Sierra Leone, Burundi, and Aceh, Indonesia.

  • 2006 | Author: Office of the United Nations High Commissioner for Human Rights (OHCHR)

    Rule of Law Tools for Post-conflict States: Truth Commissions

    This publication specifically sets out basic principles and approaches to truth commissions and is intended to assist United Nations and other policymakers in advising on the development of truth-seeking mechanisms. The principles used in this tool have been primarily garnered from previous experience and lessons learned in the implementation of these techniques and mechanisms in United Nations field missions, including those in Sierra Leone and Timor-Leste.

  • 1998 | Author: International IDEA

    Democracy and Deep-Rooted Conflict: Options for Negotiators (Chapter 4: Truth Commissions and War Crimes Tribunals)

    This chapter of the "Democracy and Deep-Rooted Conflict" Handbook addresses two mechanisms to achieve accountability for past violent events: truth commissions and war-crime tribunals.

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