the most effective means to obtain justice and move towards reconciliation after a period of...

8/12/2019 the most effective means to obtain justice and move towards reconciliation after a period of national trauma such

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A-team:Ana-Maria Paponja

Renato Ivankovi

Slavica Krei

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What are the mosteffective means to obtain

justice and move towards

reconciliation after a

period of national trauma

such as war or genocide?

ur opinion on the subject

As you know this is a very

difficult topic, not in order to prepare materials

that will be presented related to that. It is hard

to remain objective when we are haunted by

the ghosts of the past as well. Our opinion is that

we didn't reached the degree of reconciliation.

At the very little provocation, sparks fly.

Reconciliation is only on the surface. The real

problems and real trauma were put under the

carpet at most people and it is not object of

disscussion.

ntroduction

The United Nations has a long history of

assisting societies devastated by conflict or

emerging from repressive rule to re-establish

the rule of law and come to terms with large-

scale human rights violations. For the UN

system, transitional justice and the full range of

processes and mechanisms associated with a

society's attempt to come to terms with a legacy

of large-scale past abuses, in order to Ensure

accountability, serve justice and reconciliation It

consists of both judicial and non-judicial

processes and mechanisms, including

prosecution initiatives, Facilitating initiatives in

respect of the right to truth, delivering

reparations, institutional reform and National

Consultations. Whatever combination is chosen

must be in conformity with international legal

standards and Obligations.

Each transitional justice program is unique and

Implemented in a specific societal context, often

marked by broken institutions, exhausted

resources, diminished security, and a distressed

and divided population. The careful

consideration of the particular transitional

justice needs of a country may include assessing

factors Such as the root causes of the underlying

conflict, involving related violations of all rights,including civil, political, economic, social and

cultural rights, the identification of patterns of

discrimination and vulnerable groups, Such as

minorities, women, and children, and the

condition of the country's justice and security

sectors. To enhance the sustainability and

relevance of transitional justice processes, these

Should Be Carried out, where feasible, by local

and national actors. In this regard, international

assistance has to concentrate on development

of national capacity to initiate and lead the

process. Disarmament, demobilization, and

reintegration (DDR) initiatives Should Be

Coordinated with transitional justice processes

and mechanisms in a positively reinforcing

manner.

In line with the Charter, the UN supports

accountability, justice and reconciliation at all

times. The question for the UN is never Whether

to pursue these but rather when and how. Thenature and timing of Such measures Should be

framed first of all in the context of International

Legal Obligations and taking due account of the

national context and the views of the national

stakeholders, particularly victims. In situations in

Which national conditions do not allow for or

limit effectiveness of transitional justice

measures, the UN supports activities that

encourage and lay foundation for effective

mechanisms and processes.

O

I


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Renato Ivankovi

Slavica Krei

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Transitional justice Programmes can involve

truth-seeking processes that map patterns of

past violence, and unearth the causes and

consequences of destructive Such events;

prosecution initiatives Ensure that a fair trial of

Those accused of committing crimes, including

serious violations of international humanitarian

law and crimes involving human rights

violations, Reparations Programmes that

provide a range of material and symbolic

benefits to victims, and institutional reform that

includes vetting the public service to remove

from office Those public employees personallyresponsible for gross violations of human rights.

National Consultations are a critical element as

successful transitional justice Programmes

necessitate meaningful public participation,

particularly of victims. These Efforts are linked to

and Should Be Coordinated with broader

assistance Aimed at strengthening the overall

rule of law in the country.

The UN promotes the compliance of transitional

justice processes and mechanisms with

international norms and standards, including

Those related to marginalized groups, Such as

women and children. It further encourages a

comprehensive approach integrating an

appropriate combination of transitional justice

processes and mechanisms in national

strategies. UN Efforts seek to comprehensively

address the root causes of conflicts and the

related violations of all rights in an integrated

and interdependent manner, so as to Achieve

the broader objectives of societal

transformation and prevention of further

conflict.

The UN provides support to transitional justice

processes and mechanisms that involves

developing standards and best practices,

assisting in the design and implementation of

transitional justice mechanisms, providing

technical, material and financial support, andEnsuring that human rights and transitional

justice considerations are reflected in peace

agreements.

urpose

The world have an ugly, bloody

nature. Natur to kill because

somebody is different, because the

people don't share the same

opinionbetween each other... The world have a

nature that repeats the mistakes of the past

which is passed without learning anything and

that same world swore it would not happen

again. Maybe we have the knowledge which

provide us to fly into space, but we have a

nature that put us into the abyss. That world has

a saying: I can forgive but can not forget. Is it

possible to forgive without forgetting? Does the

oblivion forced to repeat mistakes. Everybody

knows about the horrific events that took place

during World War II and the world is solemnly

promised that it should no longer be repeated.

But we still have wars, we still have crimes

against humanity and genocide. The question is

what is to do to move on, without a possibillity

of returning or going ahead on page with

similar content. Reconciliation is a complex

process, a process that involves all stakeholders.

The process should not be only rhetoric of

politicians and well-meaning peacekeepers

who work in their own interest. Reconciliation

involves investigating what happened, includingthe will of the state to cope with their parts or

people who have committed crimes in their

name! Reconciliation involves the will of the

victims and perpetrators to move on, to leave it

behind. It's easy to say to move on, but what if

the father was known by a necklace that you

gave him. It's easy to say: forget it, when there is

no skeletons of thousands of people whose

identification has not yet been processed

because the skeleton is not complete or youknow the fate of your family. It's easy to say:

P


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Renato Ivankovi

Slavica Krei

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the investigation and crimninal court process

The victims here have been pulled aside.

For the war in Bosnia and herzegovina, as well as

in the whole region have been established

tribunal in The Hague. The Court was established

by Resolution 827 of the United Nations Security

Council, which was passed on 25 May 1993. It

has jurisdiction over four clusters of crimes

committed on the territory of the former

Yugoslavia since 1991: grave breaches of the

Geneva Conventions, violations of the laws or

customs of war, genocide, and crimes against

humanity. The maximum sentence it can impose

is life imprisonment.

Through the Tribunal, victims found out the

truth, but majority of people from these areas

still continue to doubt the political involvement

of tribunal. Instead of reporting on the truth,

media and politicans counted arrested members

from each side.We should also stress out that

the Tribunal didn't charge or convice the people

which will be prusucated by the communities in

Restorative system. Whether this represents a

failure of the traditional justice system in

relation to restorative system or maybe success

because many of them would found themselves

literally at the stake by the other side nation.

Our opinion belives that traditional system

prevents new witch hunt. It also respect

perpetrator human rights whose existence,

especially if the existence is in the the prison

may give hope and message to victims that

justice is maybe slow but attainable.

Third final step is awareness of the existence of

the crime. Sounds simple but if the pepetratior

admit to the victims that they had been

tortured, that their loved ones would never see

them, or will their fate be mistery till the

memory of them exist that will be the huge step

which lead to a general awareness phase of

cooperation between people, the rebuilding of

old friendships. Instead of prejudices betweenthem the nations wthat have been in war can

evaluate individuals according to their deeds.

The true remorse which is mentioned in the first

two phases of the essay is underlined on the tird

step.Apology is highly recomended.

Certain state from the lowest to the highest

governance structures must show respect to

victims and loss they causeed.

onclusion

What are the most effective means

to obtain justice and move towards

reconciliation after a period ofnational trauma Such as war or

genocide?

All methods have it's own Pro et con sides. We

did not choose the methods by arguments which

is stated or by nursery rhymes. We firmly believe

that for a full reconciliation we need all of them,

emphasizing and implementing the good sides

and reduce or even possible to eliminate the bad

ones. In the end, society is the one that

determines whether it is ready for reconciliation.

C

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