European efforts in

Transitional Justice
Mara Avello
58
58
Working Paper / Documento de trabajo
June 2008
Working Paper / Documento de trabajo
5
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58
58
Working Paper / Documento de trabajo
June 2008
Working Paper / Documento de trabajo
European efforts in
Transitional Justice
Mara Avello
June 2008
Mara Avello works as an international consultant in the area of institutional development, European law and
human rights for the European Union and other international organisations. She has also worked as Human Rights
Adviser for the Organisation for Security and Cooperation in Europe (OSCE) and for the European Union in Kosovo
and Macedonia (Fyrom). She holds a Law Degree from Oviedo University, an M.A in Human Rights from the
Complutense University (Madrid) and M.A in European Law and Politics from the Institute of Higher European
Studies (Strasbourg).
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Contents
What is Transitional Justice? 1
How does the European Union define the concept of Transitional Justice? 3
The basic legal framework 3
Policies towards third party countries: an opportunity? 3
The EUs internal policies: a challenge for Transitional Justice 8
Transitional Justice in other European organisations 9
The Council of Europe 9
The OECD 11
European states and Transitional Justice 12
The use of the principle of universal jurisdiction 12
Strategy of conflict prevention / peace-keeping & peace
consolidation strategies and Transitional Justice 13
Appendix 15
Promotion of Transitional Justice by means of research and
the organisation of seminars 15
European efforts in Transitional Justice Mara Avello
1
the last century, during the 1980s, the trials of
members of the military juntas of Greece and
Argentina contributed to the development of the idea
of Transitional Justice. The central idea was to
implement a universal concept of human rights and to
see justice done, principally with the victims in mind.
In the 1980s, a change in the concept took place, as it
went from being considered a strictly legal matter to
becoming a key component of democratisation
processes.This allowed for a broadening of the concept
of Transitional Justice which took shape in new
instruments like Truth Commissions (in Argentina,
Chile and South Africa, amongst others). At the same
time, wars in the Balkans and Rwanda, along with the
subsequent creation of international tribunals to deal
with the massive human rights violations which had
taken place, led to the incorporation of international
law in the field of Transitional Justice.
3
Finally various
ongoing peace processes since the middle of the 1980s
have included Transitional Justice as an important
element of peace-building and peacekeeping.
A report presented to the Security Council by the
Secretary General of the United Nations (UN) in 2004
called on the international community to adopt a
strategy that would encompass a variety of approaches
to Transitional Justice integrating them and making
them complementary.The report holds that insisting on
purely judicial measures in post-conflict situations may
have the opposite effect to what is desired and may
prevent the realization of peace and stability.
4
The International Centre for Transitional Justice, or the
ICTJ, defines transitional justice as follows:
Transitional justice refers to a range of
approaches that societies undertake to reckon with
legacies of widespread or systematic human rights
abuse as they move from a period of violent
conflict or oppression towards peace, democracy,
*
This section was published, along with some modificationsas a
FRIDE Comment article, Maria Avello (2007):Transitional Justice as
seen from Europe, Comentario Fride, December 2007, www.fride.org
1
Elster, Jon (2004). Closing the Books: Transitional Justice in
Historical Perspective Cambridge, UK: Cambridge University Press
2
The Encyclopedia of Genocide and Crimes Against Humanity
(Macmillan Reference USA, 2004), vol. 3, pp. 1045-1047
3
Leebaw, Bronwyn (2005): Transitional Justice, Conflict and
Democratic Change: International interventions and domestic
reconciliation, http://www.apsanet.org/imgtest/TaskForceDiffIneq
Lebaw.pdf
4
Security Council, The Rule of law and transitional justice in
conflict and post-conflict societies, S/2004/616.
The European Union must support the development
and use of instruments which allow for a globalisation
process where the fundamental principles of human
rights and the mechanisms to protect them are
respected. Transitional Justice can be one of them.
Does Europe have the adequate mechanisms and
policies in place?
Some European states carry out Transitional Justice
activities without clearly defining the concept. A
broad understanding of the concept is used and both
judicial and non-judicial measures are supported.
Transitional Justice is not dealt with as a specific
matter within Foreign Ministries, but instead is
normally included in peace consolidation or
development initiatives.
The establishment of mechanisms for emergencies,
many of which are supported by the EU or its
members, such as those contemplated under the Justice
Rapid Response initiative could enable the subsequent
development of Transitional Justice strategies.
There has been growing interest in the last two years
in the concept of Transitional This can be seen in the
number of seminars and conferences held on the
matter.
What is Transitional
Justice?*
The Nuremburg and Tokyo trials after the Second
World War are widely considered to be the origin of the
concept of Transitional Justice in its current form.
1
However, there were probably certain forms of
Transitional Justice before, for example in Athens after
it was defeated by Sparta in the year 404 BC and the
subsequent restoration of democracy in 403 BC.
2
In
Working Paper 58
2
the rule of law, and respect for individual and
collective rights.
In making such a transition, societies must confront
the painful legacy, or burden, of the past in order to
achieve a holistic sense of justice for all citizens, to
establish or renew civic trust, to reconcile people and
communities, and to prevent future abuses. A variety of
approaches to transitional justice are available that
can help wounded societies start anew.
These approaches are both judicial and non-judicial,
and they seek to encompass broadly the various
dimensions of justice that can heal wounds and
contribute to social reconstruction.
5
5
Web page of the International Centre of Transitional Justice,
subsection What is Transitional Justice? 2004.
http://www.ictj.org/es/tj/
This definition implies that transitional justice can
function as an instrument to bring about both
reconciliation and justice between two opposing sides
after a conflict, as well as to guarantee the
development of lasting peace and democracy.
The different strategies available can be grouped into
various categories, depending on the objective: justice,
truth, the rehabilitation of victims, institutional reform,
forgetting or memory.
6
Some of the principal
measures that are normally adopted are:
Judicial trials, whether national or international, or
through special courts (with national and
international legal experts), as well as the
Chart based on Gloppen, Siri (2002); Reconciliation and Democratisation: Outlining the Research Field, Chr. Michelsen Institute, Development
Studies and Human Rights.
6
Gloppen, Siri; Reconciliation and Democratisation: Outlining the
Research Field, Chr. Michelsen Institute Development Studies and
Human Rights, 2002.
http://www.cmi.no/publications/file/?781=reconciliation-and-
democratisation
European efforts in Transitional Justice Mara Avello
3
mechanisms of international justice and civil and
criminal trials in foreign courts;
The mechanisms of traditional justice (such as the
now familiar gacaca in Rwanda, with a firm base in
the recognition of guilt and the search for
forgiveness, which aid social reconciliation);
Truth commissions;
Background checks with the public administration
(vetting);
Reparations;
Amnesty;
Monuments and commemorations;
Demobilisation, Disarmament and Reintegration
(DDR).
How does the
European Union
define the concept of
Transitional Justice?
The basic legal framework
The European Union (EU) establishes the framework
of Transitional Justice through a variety of sources and
legal texts. However, the majority of references to
Transitional Justice are found in declarations, reports
and consensus documents.
The EU is structured on three pillars with different
remits as defined in the Maastricht Treaty and the
treaty of the European Union, its constitutional basis.
7
Although these treaties do not make explicit reference
to Transitional Justice, several of their articles provide
a legal framework in which we can situate the concept.
For example:
1. Article 177.2 of The Maastricht Treaty specifies
that European policy in the area of development
cooperation will contribute to the general objective
of development and the consolidation of democracy
and the rule of law, as well as respect for human
rights and fundamental liberties.
8
2. Article 11.1 of the EU Treaty, the legal basis for
Common Foreign and Security Policy (CFSP),
establishes democracy, the rule of law and respect
for human rights and fundamental liberties as
priorities.
9
3. Article 17.2 of the Treaty describes the content of
CFSP and the humanitarian and rescue tasks,
peacekeeping tasks, and tasks of combat forces in
crisis management, including peacemaking.
10
This
last aspect is relevant for Transitional Justice
because it is normally applied to states in crisis or in
a process of re-establishing peace.
To date, within legal sources, there is no precise
definition of Transitional Justice nor do the constitutive
treaties make any specific reference to Transitional
Justice as an aspect to be carried out within EU policy
strands. In fact, only a general framework for action is
established, in which Transitional Justice could be an
element to be included in policies which affect third
party countries, such as the development policy or the
Common Foreign and Security Policy (CFSP). However,
given the institutional complexities of the European
Union and the actions of member states both inside and
outside its structure, this does not necessarily mean there
are no references or political activities in this regard.
Policy towards third party
countries: an opportunity?
In spite of the absence of a clearly defined concept,
there are instruments within the European Union
which allow for the implementation of Transitional
7
Pillar I, the community pillar, which includes most common
policies; decisions are taken using the community method
(Commission/Council/Parliament). Pillar II, CFSP, is decided by the
Council. Pillar III, Police and Judicial Cooperation in Criminal Matters,
is decided by the Council. http://europa.eu/abc/eurojargon/index_es.htm
8
http://eur-lex.europa.eu/LexUriServ/site/es/oj/2006/ce321/
ce32120061229es00010331.pdf
9
Ibidem note 6.
10
Ibidem note 6.
Justice, both in the framework of the Development and
Cooperation Policy and the Common Foreign and
Security Policy (CFSP).
Cooperation and Development Policy
The constitutive treaties establish a general framework
for action. And in the same way, so do certain official
texts such as the European Consensus on
Development, jointly adopted by the Council of the
European Union and by individual member states,
which, in effect, is a joint development policy.
11
This
document states that the main objective of the
European development strategy is the eradication of
poverty, in line with the UN Millennium Goals.
One of the common principles is that of addressing
state fragility. A related objective is capacity-building
for conflict prevention, by building viable institutions
and reforming existing institutions, strengthening the
rule of law and addressing corruption.
12
In the case of
states in transition, the EU will link together aid for
emergency relief, reconstruction and long-term
development. That requires the application of
integration strategies that have institution building as
their ultimate goal.
At the level of EU legislation, two regulations exist in
the Development Cooperation Policy where explicit
reference is made to funding aspects of Transitional
Justice:
1. Regulation n 1889/2006 of the European
Parliament and Council, from December 20, 2006
which established a financial instrument for the
promotion of global democracy and human rights;
13
2. The European Parliament and Council regulation of
November 15, 2006 which established an
Instrument for Stability.
14
Both regulations are the result of the European
Commissions efforts to rationalise and lend coherence to
foreign aid. These same efforts have also simplified the
numerous instruments for foreign aid,reducing them to six.
15
In both regulations, Transitional Justice is mentioned
as one of the lines of work to be supported. In Article
2, in the democracy and human rights programme, EU
support seeks to:
ii) strengthen the rule of law, promoting the
independence of the judiciary, encouraging and
evaluating legal and institutional reforms, and
promoting access to justice;
iii) promote and strengthen the International
Criminal Court, ad-hoc international criminal
tribunals and the processes of transitional justice
and truth and reconciliation mechanisms;
iv) support reforms to achieve effective and
transparent democratic accountability.
The Instrument for Stability also makes funding available
to support international criminal tribunals and ad-hoc
national tribunals, truth and reconciliation commissions,
and mechanisms for the legal settlement of human rights
claims and the assertion and adjudication of property
rights, established in accordance with international
human rights and rule of law standards. It goes on to
include support for civilian measures related to the
demobilisation and reintegration of former combatants
into civil society, and where appropriate their
repatriation, as well as measures to address the situation
of child soldiers and female combatants.
The inclusion of Demobilisation, Disarmament and
Reintegration (DDR) programmes is noteworthy, since
these issues have not always been linked to Transitional
Justice itself. However, an outlook which considers both
Transitional Justice and DDR programmes during peace
negotiations contributes more effectively to stability.
The Commissions programmes are aimed
fundamentally at funding Civil Society actors (NGOs),
Working Paper 58
4
11
http://eur-lex.europa.eu/LexUriServ/site/en/oj/2006/c_046/
c_04620060224en00010019.pdf
12
European Programme for the Prevention of Violent Conflicts,
European Council, Gothenburg, June 2001.
13
http://www.delarg.ec.europa.eu/es/novedades/documentos/
2006-1889%20Reglamento%20DDHH.pdf
14
http://register.consilium.europa.eu/pdf/es/06/st03/st03634-
re01.es06.pdf
15
http://ec.europa.eu/external_relations/human_rights/doc/
2005com_0324_es.pdf
as well as international organisations. In fact, the
provision of aid as contemplated in the global
democracy and human rights instrument to promote
democracy and human rights in the world does not
require the agreement of the governments or other
public institutions of third party countries.
Both funding mechanisms are part of the EUs
Cooperation Policy although the objectives are similar
to those of the CFSP. Activities supported within the
framework of these regulations can complement and
be coherent with those measures adopted by the EU
within the parameters of the CFSP, the Commission
and the Council.
Common Foreign & Security Policy (CFSP), a broad
concept of Transitional Justice
The CFSP, the European Security and Defense Policy
(ESDP) and the Cooperation Policy all call for the
promotion of democracy and human rights throughout
the world.
16
The EU Council defines the CFSPs areas
of action. Consequently, it is the main body responsible
for some key strategies in the field of Transitional
Justice. In addition, the Commission also has a role
through the Development Policy. Thus, the Councils
activities on matters of Transitional Justice are
expressed in two different ways:
First, through direct support for International
Criminal Justice: There are a series of framework
decisions and guidelines on the commitment to fight
against impunity in cases of grave human rights
violations within the CFSP, most commonly taking the
form of support for international criminal justice.
Some of the decisions and guidelines are:
Agreement between the International Criminal Court
and the European Union in cooperation and support
(6 December 2005);
17
Decision (2003/335/JHA) by the Council of the EU on
the investigation and prosecution of genocide, crimes
against humanity and war crimes (8 May 2003);
18
Guidelines promoting compliance with international
humanitarian law or the guidelines on torture and
other cruel, inhumane and degrading practices.
The Council of the EU has shown strong support for
the International Criminal Court. The political will it
showed in defending the need for the Courts existence
played a key role in its creation and establishment.The
other above mentioned decisions are useful instruments
for facilitating the Courts prospective work, as a way
to encourage compliance with international law and to
fight against impunity.
This policy is designed to complement the Commission's
efforts in the aforementioned regulations. On the one
hand, the Council has the legal personnel at its disposal,
tasked with ensuring compliance with the Agreement;
while on the other, the Commission finances the Court
itself, although its programme is wider and includes other
international courts.
Second, the development of Transitional Justice
strategies in the framework of the stability and
peacekeeping CFSP Missions:
Over the last five years, the Council, in the framework
of the CFSP and the European Security & Defense
Policy (ESDP), has carried out a number of missions
on the ground in line with the European Defense
Strategy and the so-called Petersburg Missions.
19
These are humanitarian, rescue or peace keeping
missions in which combat forces intervene in order to
deal with crisis, including the re-establishment of
peace.
The missions are mainly framed by what is known as
civilian crisis management which is contemplated in
the Civilian Headline Goal 2008. This calls for the
European efforts in Transitional Justice Mara Avello
5
18
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=
OJ:L:2003:118:0012:0012:ES:PDF
19
http://www.consilium.europa.eu/cms3_fo/showPage.asp?
id=261&lang=ES&mode=g
16
European Security Strategy approved at the European Council
meeting held in Brussels on the 12
th
of December 2003.
http://www.consilium.europa.eu/uedocs/cmsUpload/031208ESSIIES.pdf
17
Official Journal of the European Union, L115/50-56, 28 of April
2006.
http://eur-lex.europa.eu/LexUriServ/site/es/oj/2006/l_115/
l_11520060428es00500056.pdf
implementation of the ESDP in the face of a crisis
which might affect the interests of European defense
policy.
20
Up to the present, the main objective of each
mission is establishing peace and stability in a region
through the support of the establishment of democratic
forces of law and order, a decisive factor for the rule of
law. This is how it is established in the Joint Action,
the legal basis for each mission.
21
These missions tend to prioritise public order over legal
matters or the establishment of the rule of law. However,
justice has also been an important objective of some
missions under the ESDP. The Political and Security
Committee
22
has drawn up a detailed concept note of
what form crisis management missions should take in
relation to the rule of law, as well as what activities the
EU can encourage.
23
This concept note states that these
can either take the form of substitution (executive
functions) or strengthening of the rule of law. Whilst
Transitional Justice is not expressly mentioned, the
concept note, in the context of the rule of law, does
mention facilitating the establishment of a sustainable
judicial and penitentiary system in line with the basic
principles of the rule of law and international standards
of human rights as one of the aims of any mission.
Some of the missions that included components geared to
strengthening the rule of law were EUPOL PROXIMA
and EUPAT in the Republic of Macedonia in the former
Yugoslavia, carried out between 2004 and 2006.
24
In
both of these missions, the aim was to monitor and assess
the functioning of the Macedonian police force in the
context of rule of law at the level of the Ministry of
Internal Affairs and at the level of district police.
To this end, the role of Law Enforcement Monitor was
created; its function was to facilitate ties between the
police force and criminal justice, a new role and one
with a fairly wide scope. However, members of the force
were few and far between and its mandate was
somewhat vague. A more clearly defined role, perhaps
including specific aspects of Transitional Justice such
as support of the International Criminal Tribune for the
former Yugoslavia, or a monitoring of the justice
system itself in relation to existing ethnic minorities
would have contributed significantly to improving the
targeting and efficiency of this effort.
Only two missions, the EUJUST THEMIS mission in
Georgia, which has now concluded, and the mission in
Iraq, which is ongoing, have been aimed specifically at the
rule of law, and neither of these clearly reflects aspects of
Transitional Justice.
25
In the first case, the main objective
was to support the Georgian authorities in their reform
of the most urgent aspects of their criminal justice
system. For a year, efforts centered on providing advice to
the Justice Ministry without tackling the matter of
Transitional Justice head on, even though this would have
helped form the basis for the criminal justice system.
The main aim of the EUJUST LEX mission in Iraq, on
the other hand, is the training of senior level civil
servants as well as technical experts with the skills
required to manage and investigate criminal activities.
26
Due to poor security conditions in Iraq, these training
courses take place in Brussels. Once more, Transitional
Justice matters are conspicuous by their absence, the
focus being on institutional development.
It is worth underlining that, while these missions have
not expressly included aspects of Transitional Justice,
in practice, they have provided advice and support for
Transitional Justice strategies.
In this way, the EU has supported the detention of suspects
accused by international war tribunals, the reform of state
security apparatus, vetting in the public administration and
Working Paper 58
6
20
Council of the EU, Civilian Headline Goal 2008, 15863/04, 7th
of December 2004.
21
These common actions are instruments in the framework of the
CFSP which establish the legal basis of the Councils policy;
http://europa.eu/scadplus/glossary/common_position_cfsp_es.htm. For
a list of all the common positions which make up the legal basis of the
CFSP missions, see http://www.consilium.europa.eu/cms3_fo/
showPage.asp?id=268&lang=EN&mode=g.
22
http://europa.eu/scadplus/leg/es/lvb/r00005.htm
23
Council of the EU, Comprehensive EU concept for Missions in the
Field of Rule of Law in Crisis Management , 9792/03, 26
th
of May 2003.
24
http://www.eur-lex.europa.eu/LexUriServ/site/en/oj/2004/
l_348/l_34820041124en00400044.pdf
25
http://www.consilium.europa.eu/cms3_fo/showPage.asp?id=
701&lang=en
26
http://eur-lex.europa.eu/LexUriServ/site/en/oj/2005/l_062/
l_06220050309en00370041.pdf
the transformation of justice and security structures.
Afghanistan and Kosovo are both examples of the tendency
to implement Transitional Justice indirectly.
In the case of Kosovo it seems unlikely that, after its
declaration of independence, Transitional Justice
strategies will go beyond support for the work carried
out by the International Tribunal for the former
Yugoslavia.
27
However, the EU will have an important
part to play in the future supervision of independence
in Kosovo, a situation which may lead to the
implementation of some Transitional Justice strategies
to help lay the foundation for reconciliation between
the Albanian majority and the Serb minority, especially
as a form of guarantee for the Serb community.
In that sense, the use of the co-location principle, that
of placing international judges deployed as part of the
EU mission alongside Albanian-Kosovar or Serb-
Kosovar judges, may make a positive contribution to
the handling of sensitive cases and so allow
Transitional Justice activities to be developed.
28
Transitional Justice and the European Security and
Defense Policy (ESDP)
The missions in the framework of the ESDP do not
include specific strategies for Transitional Justice,
either in their initial conception or in their
implementation and sustainability. Nevertheless, such
strategies are applied as missions with a policing
component and those concerned with the
implementation of the rule of law unfold.
This application of the instruments of Transitional
Justice without its express recognition has made it
difficult to obtain optimum results in efforts to achieve
peace and stability. Recently, steps have been taken to
further develop the concept of Transitional Justice in
the framework of missions under the ESDP. The
Political and Security Committee
29
held a seminar in
2006 which led to the drafting of a specific document
on Transitional Justice with recommendations on how
to include it in the context of the ESDP.
30
Some
recommendations worth highlighting are:
UN guidelines should be taken into account;
A flexible understanding of Transitional Justice is
recognised, including judicial and non-judicial
measures (for example, Truth Commissions);
There is a need to explore how aspects of Transitional
Justice will be tied to the planning of ESDP
missions, especially with regards to exit strategy;
Specific areas where the concept can be developed
were identified:
planning the missions.
bringing together the necessary technical expertise.
including Transitional Justice training in the
training courses for personnel of both civilian crisis
management and rapid response teams.
supporting peaces processes through special
representatives.
Another positive step towards an enhanced definition
and implementation of Transitional Justice during
crisis management was the drafting of the EU Concept
Note for support to Disarmament, Demobilisation and
Reintegration (DDR).
31
Here, the need to collaborate
with existing international tribunals is recognised in a
specific way. At the same time, it stresses the fight
against impunity, and child soldiers are mentioned as
victims of conflict, as recognised in international
human rights instruments.
The complementarity of the Development Policy and
the CFSP / ESDP: a real possibility?
Given the texts of the treaties and the regulations
previously mentioned, both should be complementary.
According to article 27 of the EU Treaty, The
European efforts in Transitional Justice Mara Avello
7
27
Telephone interview by the author with a member of the EU
Planning Team, June 2007.
28
According to this principle, an international judge is assigned to
a local counterpart, in order to guide and advise, without replacing, the
local judge. This method has already been used in other EU missions in
the context of the CFSP, for example, in EUPOL-PROXIMA, in the
Republic of Macedonia in the former Yugoslavia.
29
http://europa.eu/scadplus/leg/es/lvb/r00005.htm
30
Council of the EU, 10674/06, 19th of June 2006.
31
EU Concept for Support to Disarmament, Demobilisation and
Reintegration (DDR), passed by the European Commission on the 14th
of December 2006 and by the Council of the EU on the 11
th
of
December 2006.
http://www.eplo.org/documents/EU_Joint_concept_DDR.pdf
Commission shall be fully associated with the work
carried out in the common foreign and security policy
field. This ought to prevent inconsistencies and the
duplication of work. Likewise, the instruments within
the Development Policy explicitly mention the need for
coherence and complementarity of different European
policies, as well as the European Security Strategy.
Transitional Justice can form part of the initial planning
stage of a mission under the CFSP / ESDP. Then,
during the stabilisation phase, coordination with the
Commission would be required to define programmes.
However, the structures necessary to coordinate work
do not exist and the apparent complementarity of both
policies on occasions can turn into a territorial squabble
between the EU institutions involved.
32
The Treaty of Lisbon faces the challenge of
reactivating a process which has been paralyzed since
France and Holland voted against the European
Constitution. Despite the plan to create a Ministry of
Foreign Affairs in the future, it is still not clear if this
process will be led by the Commission or by the
Council, as has been the case up until now through the
High Representative for the CFSP, Javier Solana. And
so it seems that both policies will continue to be used
in the near future as weapons in the power struggle
between the Commission and the Council.
Internal EU policies: a challenge
for Transitional Justice
The Hague Programme for the consolidation of liberty,
security and justice in the EU adopted by the Council in
2004, and which came into force in July 2005,
prioritizes the creation of an area of liberty, security and
justice in Europe.
33
This includes the creation of a
common asylum system, the fight against terrorism and
the creation of a European space of justice. However, no
mention is made of international criminal justice or of
the need to align member states national legislation in
order to allow universal justice to be exercised.
In spite of the absence of reference to Transitional
Justice, two aspects exist which facilitate some
Transitional Justice strategies and which would allow
universal jurisdiction to be exercised by member states.
This would mean that national courts could try serious
human rights offences regardless of where the crimes
were committed or whether there were national victims.
The first of these two is the creation of a European
Contact Network for the exchange of information in
relation to individuals responsible of crimes of
genocide, crimes against humanity and war crimes.
34
This network consists of contact points in each
member state, the aim being to exchange information
and facilitate cooperation amongst those interested in
investigating and pursuing serious international crimes.
Secondly, there is the European Arrest Warrant, which
aims to facilitate traditional extradition procedures
between member states.
35
This makes the principle of
universal jurisdiction a more feasible proposition in the
event that a state requests the extradition of a
suspected war criminal against whom a legal process
has begun. In principle, the warrant was not established
to enable universal jurisdiction, but that ultimately is
one of the effects it may help to bring about.
Despite these mechanisms, it would be better if there
were more specific Transitional Justice content.
Similarly, it would be significant if the Hague
Programme currently under revision included the
fight against impunity in cases of serious international
crimes as one of the aspects in the creation of a
European space of security and justice.
36
That way,
measures could be adopted under the third pillar and this
would have repercussions for member states.The process
towards Transitional Justice within the framework of
European institutions is only just beginning.
Working Paper 58
8
32
Telephone interview by the author with a European civil servant
on the Council, May 2007.
33
http://register.consilium.eu.int/pdf/es/04/st16/st16054.es04.pdf
34
European Council Decision, 2002/494/JAI, 13th of June 2002.
35
Official Journal of the European Communities, L 190/1-20,
18th of October 2002.
36
Redress y Federation Internationale des ligues des droits de
lHomme, Fostering a European approach to accountability for genocide,
crimes against humanity, war crimes and torture. Extraterritorial
Jurisdiction and the European Union, Final Report, April 2007,
http://www.fidh.org/IMG/pdf/FINAL_FIDH-REDRESS_REPORT.pdf
Conclusions
Transitional Justice in its various forms is de
facto part of the programme and policy of the
EU.This multiplicity of forms is not the result of
complementarity but rather comes about due to
the absence of a clear concept of Transitional
Justice at the European level. This does not
prevent the development of concrete action in
this area.
The Development Policy (Commission) and the
Common Foreign Security Policy / European
Security and Defense Policy (Council) are
complementary. The division of both policies
between two pillars makes it difficult to devise a
long-term approach on the matter of Transitional
Justice, from the moment of a post-conflict
intervention through to the development phase.
In the CFSP and especially in the ESDP, a
concept of Transitional Justice is being developed
which could be introduced in the planning and
exit strategies of missions, as well as in training of
civil response team personnel. There may be an
opportunity to apply aspects of Transitional
Justice in the future EU mission under the ESDP
in Kosovo (mixed tribunals already in existence
under the administration of the United Nations),
where establishing the rule of law is an important
objective (the inclusion of more than 200 judges
is being considered), as well as in the mission in
Afghanistan, in support of law and order.
It would seem necessary to include the fight
against impunity in cases of grave international
crimes as a key aspect of the creation of a
European space of security and justice. The
reform process of the current Hague Programme
could provide an opportunity for that, making it
complementary to the Development Policy and
the CFSP/ESDP.
Transitional Justice
in other European
organisations
The Council of Europe
A general approach to aspects of Transitional Justice
The Council of Europe was created in 1949 with the
aim of protecting and promoting human rights,
democracy, and the rule of law in the European
continent.
37
This mandate was revised and broadened
in the Warsaw Declaration, the outcome of the Third
Summit of heads of state of the Council of Europe.
38
This Declaration mentions the need to create a new
framework for cooperation and interaction between the
Council of Europe and the EU, especially in matters of
common interest, such as human rights, democracy and
the rule of law.
The Council of Europe has not specifically defined the
concept of Transitional Justice. However, this has not
prevented the Council from consistently working for
the promotion of human rights by administering justice
in cases of serious human rights abuses. Transitional
Justice is addressed generally and non-systematically
within the different administrative bodies of the
Council of Europe where it is seen as a human rights
issue or as a part of International Law. It is possible to
point to various ways that Transitional Justice appears
at different administrative levels within the Council of
Europe:
The Parliamentary Assembly (PACE) and its different
committees. On numerous occasions, the Political
Affairs Committee and The Committee on Legal
Affairs & Human Rights have referred to the human
rights situation in various parts of the continent and
European efforts in Transitional Justice Mara Avello
9
37
http://www.coe.int/T/e/Com/about_coe/
38
http://www.coe.int/t/dcr/summit/20050517_decl_varsovie_en.asp
also in non-European regions through their resolutions
or recommendations which have included Transitional
Justice measures.
39
For example, the Parliamentary
Assembly made recommendations regarding the
human rights situation in Chechnya (April 2003), in
which PACE expressly recommended the creation of a
tribunal for crimes committed, in the event that the
Russian authorities put a stop to the impunity that
prevailed among perpetrators of numerous violations
of human rights at that time. The same
recommendation went on to explicitly state that in
Chechnya there will be no peace without justice, thus
alluding to the wider concept of Transitional Justice.
40
However, in another position reached recently by the
Standing Committee
41
of the Parliamentary Assembly,
the matter of the disappeared in Armenia, Azerbaijan
and Georgia
42
was considered a humanitarian
problem with human rights and international
humanitarian law implications (which) should not be
treated as a political issue and Transitional Justice
was not included. According to the Committee, this
matter should have to be dealt with independently of
political settlements reached regarding the regions
conflicts. In a resolution adopted on May 25
th
2007,
the Standing Committee proposed the creation of a
multilateral cooperation mechanism for the three
states which would include different commissions to
search for the disappeared, but no mechanism
whatsoever for Transitional justice.
The Committee of Legal Advisors on International
Public Law (CAHDI) is made up of legal advisors of
the Foreign Ministries of member states, as well as by
observer states and other organisations. Its function is
to create a framework of cooperation and exchange.
Amongst its activities that relate to Transitional
Justice are a number of declarations and a project on
the immunity of heads of state and other government
officials and the obligation of states to pursue those
accused of serious international crimes.
43
However, this project does not touch on the question of
whether immunity should exist in cases of allegations
of serious international crimes.
44
In this respect, the
Secretary General of the Council of Europe
pronounced himself in favour of the exception of
immunity on the part of the state in cases of serious
human rights abuses, arguing for a change in the
existing standards.
45
The Council of Europe could be
the organisation charged with the task of establishing
these new parameters.
This treatment of the matter of Transitional Justice in
relation to the use of legal means to fight against
impunity is complemented by the Assemblys more
political view of the matter, as well as that of its
committees. There are, consequently, elements of
Transitional Justice dispersed throughout the Council.
A more coordinated approach would facilitate the
development of the concept and its practical
application.
A positive role
Given that the Council of Europe plays an important
part in establishing European standards on human
rights matters and that it is establishing a new
relationship with the European Union a
Memorandum of Understanding between the Council
and the EU is currently being drawn up the Council
of Europe could be the organisation with the necessary
capacity to develop a concept of Transitional Justice at
the European level.
46
Its principal functions would
Working Paper 58
10
43
http://www.coe.int/t/e/legal_affairs/legal_co-operation/public_
international_law/State_Immunities/
44
Telephone interview by the author with a Council civil servant,
May 2007.
45
http://www.coe.int/t/dc/press/source/20060907_DocSG_en.doc
46
Memorandum of understanding between the Council of Europe
and the European Union, Opinion No. 262 (2007).
http://assembly.coe.int/Main.asp?link=/Documents/AdoptedText/ta07/E
OPI262.htm#P16_133
39
Regulation 23 of the working regulations of the Parliamentary
Assembly establishes the difference between recommendations and
resolutions. Recommendations are measures which the Assembly
believes should be presented to the Committee of Ministers to be put
into practice, on which the Assembly has no power. Resolutions are
decisions by the Assembly on matters of substance which it can put into
practice or an expression of view for which it alone is responsible.
Resolutions can also refer to form, transfer, execution or procedure. See
http://assembly.coe.int/RulesofProcedure/2006/APCERules_I.pdf
40
Council of Europe, Recommendation 1600 (2003), The human
rights situation in the Republic of Chechenya.
41
Its role is to represent the Assembly when it is not in session.
42
http://assembly.coe.int/ASP/APFeaturesManager/defaultArt
SiteView.asp?ID=672
consist of advising the EU on legal aspects, developing
guidelines based on its own resolutions and
recommendations, and ensuring a coherent
implementation of Transitional Justice matters in both
organisations.
The OECD
The Organisation of Economic Cooperation and
Development was founded in 1969 with the objective
of serving as a forum for consultation and coordination
on matters of economic development and the process
of transformation to a market economy among
member states, including those outside of Europe.
47
It
is an international organisation without geographic
limitations, currently made up of thirty states with
market economies and democracies.
Given its capacity for mutual exchange, consultation
and research, it is useful to observe the manner in
which it deals with Transitional Justice issues.The work
of the Development Cooperation Directorate (DCD) is
especially relevant here since its members together
account for 90% of aid in the international system.
Guidelines which are discussed and subsequently
approved in this forum go on to shape development
policies and programmes throughout the world.
The OECD has considered the link between
development and conflict, studying so-called "fragile
states" and ways to intervene effectively in them, either
in a post-conflict situation or when there is a clear
need for political and socioeconomic reform. The
OECD recommends that donor states devise strategies
together to reform security and justice institutions as a
guarantee of stability.
48
One of the recommendations
specifically refers to Transitional Justice.
The OECD supports the implementation of Transitional
Justice as part of the reconstruction of national justice
systems and the enhancement of their capacities in
post-conflict reconstruction activities. This can also
take the form of non-state justice systems, as in the
case of Rwanda with the Gacaca, or local tribunals,
which dealt with the matter of the reintegration of
many genocide perpetrators in 1994. However, in most
instances, OECD funds have been focused on the
creation of international or special tribunals, leaving
scant resources for non-state justice systems.
This state-centric approach to Transitional Justice is
underscored by its location as part of the security
sector reform program. In an OECD guide on
supporting the reform of state security apparatus, the
use of Transitional Justice strategies is
recommended.
49
The goal is to transform an abusive
state security apparatus into one which respects and
protects human rights in a sustainable way. For that to
happen, the OECD bases its Transitional Justice
strategy on three fundamental principles:
Integrity: the reform of a countrys security apparatus
should not be limited to the reconstruction of its
capacities but instead should deal with the matter of
its integrity so that abuses of the past are not repeated.
At the same time, measures should be put into place to
maintain a healthy distance between state security and
the public administration, as well as reconciliation
programmes between divided communities and
reparation for the victims.
Legitimacy: the need to reestablish confidence in a
countrys security apparatus after a past rife with
abuse. The previously mentioned steps should be
accompanied by others of symbolic importance, such
as public apologies, commemorations or a change of
the emblem associated with state oppression. In
addition, representatives of different sectors of society
who will be served by the forces of law and order
should be integrated.
Empowerment: civil society should be made aware of
its role as an essential component of the justice
European efforts in Transitional Justice Mara Avello
11
47
http://www.oecd.org/document/18/0,2340,en_2649_201185_
2068050_1_1_1_1,00.html
48
OEDC, Enhancing Security and Justice Service Delivery, May
2007. http://www.oecd.org/dataoecd/27/13/38434642.pdf
49
OECD, DAC Handbook on SSR: Supporting Security and
Justice, April 2007. http://www.oecd.org/dataoecd/43/25/38406485.pdf
system, with rights and duties to give the public
institutions real meaning. Measures such as
information campaigns, surveys of citizens to find out
their opinions regarding the needs of the security and
justice system, or training of NGOs to monitor the
system are all proposed.
The OECD takes an integrated approach to the concept
of Transitional Justice as a key factor in the
development of post-conflict and/or fragile states
which should be carried out with local traditions and
customs in mind non-state justice and which clearly
complements the reform of the state security
apparatus.
Conclusions
Transitional Justice in its various forms, judicial
or non-judicial, is part of the development
strategy of the OECD in matters of security and
justice. This is of great importance given the
nature of that forum, which in the Development
Cooperation Directorate brings together the
countries which account for 90% of
humanitarian aid in the world. This inclusion is
very recent. It will be important to follow up on
how the inclusion of this concept is translated
into the different security sector reform
programmes.
The Council of Europe does not make explicit
reference to Transitional Justice in its
programmes. However, it has developed lines of
work that relate to the administration of justice.
It is an organisation with the capacity to carry
out Transitional Justice measures, developing the
concept and application mechanisms in the EU
context.
European states and
Transitional Justice
Besides carrying out political and development
programmes through Europe-wide institutions,
member states also have their own national policies.
Several types of work can be identified at this level:
Use of judicial measures, especially the use of the
principle of universal jurisdiction and their own
courts;
Development of Transitional Justice measures within
conflict prevention / peace keeping and consolidation
strategies;
Promotion of Transitional Justice through research
and the organisation of seminars.
The responsible governmental departments usually
include the Ministry of Foreign Affairs and the
Ministry of Development and Cooperation in Europe.
States such as Switzerland, Norway, Sweden, and the
Netherlands combine both branches within the
Ministry of Foreign Affairs. In the case of the United
Kingdom, its development agency has far reaching
powers and is responsible for advancing reconstruction
and peacekeeping, in cooperation with the Ministry of
Defense and the Foreign Office and through forms of
association which boost cooperation.
50
The use of the principle of
universal jurisdiction
In principle, the European states defer to EU action in
the field of universal jurisdiction. However, there are
aspects which are individually characteristic of each
member state.
Universal jurisdiction establishes the capacity of
national courts to judge crimes which constitute a
Working Paper 58
12
50
The Global Conflict Prevention Tool.
http://www.dfid.gov.uk/pubs/files/global-conflict-prevention-pool.pdf
serious abuse of human rights, independently of where
they were committed or if there were national victims.
This principle, almost unheard of until the case of the
Chilean General Augusto Pinochet in 1998, has gained
prominence in the continent in recent years. While this
authority exists in the courts of each state, some
countries have legislation and tribunals that are more
conducive to such actions than others. This kind of
jurisdiction is only applied in exceptional cases, when
the crimes are especially serious and when the country
where they were committed does not itself have the
capacity to judge the accused.
Seven European states have made use of universal
jurisdiction in recent years: Denmark, France, Spain,
Germany, the United Kingdom, Belgium and the
Netherlands. Switzerland can be added to the list in the
case against a Rwandan citizen. There are numerous
obstacles to be overcome in the application of universal
jurisdiction, and the EU should become more involved
if universal jurisdiction is to become another
instrument of Transitional Justice, on occasions that
warrant its use.
The EU should reinforce aspects of its justice and
home affairs policies, drafting an action plan to be
used in such cases, thereby facilitating interaction and
a greater coherence between member states in the fight
against grave human rights violations and the related
impunity.
Conflict prevention / peacekeeping
and peace consolidation strategies
and Transitional Justice
The Council of Europe and the OECD look at
Transitional Justice mechanisms from different
perspectives. Normally, they are connected to
peacekeeping policies, which have increasingly become
complex missions, containing integrated elements of
peacebuilding and development.
Peace mission mandates do not tend to specify
anything regarding Transitional Justice, nor is there a
consistent application of one type of strategy or
another when it is specified. In general, there is some
mention of the need to include elements of Transitional
Justice in processes of peace consolidation, such as in
the case of Norway, which specifically mentions the
theme in a strategy document.
51
In this document, both
judicial and non-judicial measures are proposed (for
example, truth commissions).
In the particularly relevant case of Norway, there is
also a mention of the need for Transitional Justice from
a human rights perspective within the development
context.That is also the case with the United Kingdom.
Its security and development strategy
52
reflects key
elements of its policies for development and
intervention.
53
Poverty reduction is the overriding aim.
This strategy was initiated in 1997, continued in 2000
and once again was reinforced in 2002 with the
International Development Act, a legislative
instrument.
Human rights are considered an area in which defence
and development departments should work closely
together in order to avoid abuses during a conflict and,
in the post-conflict phase, in the application of justice
systems and security.
54
This aspect is developed
extensively in the UK Foreign Offices Human Rights
Strategy where the improvement of criminal justice
systems is considered a centrepiece for action on the
European efforts in Transitional Justice Mara Avello
13
51
Peacebuilding: a development perspective.
http://www.regjeringen.no/upload/kilde/ud/bro/2004/0012/ddd/pdf
v/221493-peace-engelsk.pdf
Judicial process and truth commissions. Norway is seeking to
mobilise the broadest possible support for the International Criminal
Court. Norway will continue to support the international criminal
tribunals for the Former Yugoslavia, Rwanda and Sierra Leone. Norway
will continue to support truth commissions and programmes for
information in conflict areas on important international judicial
decisions.
52
DFID, Fighting poverty to build a safer world. A strategy for
security and development.
http://www.dfid.gov.uk/pubs/files/securityforall.pdf
53
There are also other, more specific documents which link matters
of justice and security, focusing on the need to rebuild legal systems; for
example, Safety, security and access to justice; this document by the
Development Agency reflects a classic position of institution building: it
addresses the rebuilding / reform of the judicial system rather than
Transitional Justice. http://www.gsdrc.org/docs/open/SSAJ35.pdf
54
Ibidem note 52; paragraph 43: Human rights is an important
area where the security and development communities need to work
together more closely; for example, to tackle abuses during conflict and
to establish post-conflict justice and security.
ground.
55
This is an important example of the progress
that is being made in this area of work. A recent speech
by a member of the Foreign Office was entirely
dedicated to support for the establishment of the rule
of law, making specific reference to work carried out
by British lawyers in Iraq or Nepal.
56
In the speech, the
link between justice and the prevention or resolution of
conflicts was noted as a growing tendency.
Another important example is Switzerland, where,
under the category of "Dealing with the Past", a
specific unit within the Swiss Foreign Affairs Ministry
exists to advance Transitional Justice.
57
A strategic
concept for the implementation of non-judicial
Transitional Justice measures is being developed.
58
From that same unit, support is provided to other
spheres of peace consolidation as needed.
59
The unit
organised a conference in 2006 on Transitional Justice
and its multiple facets. In the same spirit, it carries out
studies and formulates proposals to promote the
inclusion of Transitional Justice in the different peace
consolidation processes which are underway. A recent
contribution was made in the case of Kosovo.
60
There are other states which support programmes to
reform the justice system of countries in post-conflict
situations, paying special attention to Transitional
Justice. One example of this is Italy and its intervention
in Afghanistan, which is guided by a development
outlook and financed by the Italian Development
Agency.
61
Its work is mainly directed towards
supporting the creation of the countrys judicial system
through legal training for professionals and by helping
to draft laws. It isnt a classic Transitional Justice
programme but rather is more geared to the
establishment of the rule of law. And yet the judicial
nature of this support in post-conflict justice situations
has led to instances where training in Transitional
Justice have played a crucial role.
Specific mechanisms in emergency situations:
Rapid Response Justice
On occasions, states in a post-conflict situation require
rapid and expert intervention in matters of Transitional
Justice in order to make a first analysis of the situation
or to assess a proposed intervention. Sufficient
instruments to tackle these emergency situations do
not exist.
In the context of aid policies to states in post-conflict
situations, some policies have identified this need. Such
is the case of Norway which has responded by forming
a Crisis Response Pool, in order to provide technical
aid in matters of justice, policing and prisons.
62
It is
made up of thirty people: ten judges, five attorney-
generals, six police lawyers and nine prison
administrators. This pool of standby expertise aims to
provide advice and training and to contribute to the
building of institutions in countries which have recently
emerged from armed conflict or a political transition
to democracy.
Another initiative which tries to promote a similar
formula, but in a more collaborative way, including a
greater number of states, is the so called Justice
Rapid Response (JRR), a concept which aims to
develop a rapid response capacity in matters of justice
support.
63
This initiative is promoted mainly by
Sweden, Finland, Germany, Lichtenstein, Switzerland
and the United Kingdom at the level of European
states, as well as by the European Union and Canada.
Working Paper 58
14
55
http://www.fco.gov.uk/Files/kfile/GOF_%20HR_Programme
Strategy07-08.pdf
56
http://www.fco.gov.uk/servlet/Front?pagename=OpenMarket/Xc
elerate/ShowPage&c=Page&cid=1007029391647&a=KArticle&aid=
1179313965914
57
Swiss Ministry of Foreign Affairs, Dealing with the past.
http://www.eda.admin.ch/eda/en/home/topics/peasec/peac/confre/depast
.html
58
Author's conversation with a civil servant specialising in
Transitional Justice in the Swiss Foreign Ministry.
59
Political Division, IV, Human Security, Swiss Ministry of Foreign
Affairs.
60
Option paper, Dealing with the Past and the Negotiations on the
Status of Kosovo, Swiss Foreign Ministry.
http://www.eda.admin.ch/eda/en/home/topics/peasec/peac/confre/depast
/news.html
61
Cooperazione Italiana allo Sviluppo.
http://www.cooperazioneallosviluppo.esteri.it/pdgcs/italiano/iniziative/S
chedaIniziativaTema.asp?id_temi=4&id_paese=1
62
http://www.minbuza.nl/en/ministry,organisational_structure/
Policy-Theme-Departments.html#a5
63
Justice Rapid Response, Conference in Venice, 15-17th of July
2006. http://www.npwj.org/2006/07/17/justice_rapid_response_
conference_venice_15_17_july_2006_download_report
The idea is to provide specialised personnel and other
resources to aid efforts of identification, collection and
storing of information relative to allegations of
genocide, war crimes and crimes against humanity.
64
In
unstable environments, the JRR seeks to prevent the
loss of evidence in cases of the above mentioned crimes
to enable victims to pursue justice when the
environment stabilises sufficiently to allow for this.
Working meetings have been held on the matter since
2004
65
, and a feasibility study of the concept has been
carried out.
66
The main idea is that the JRR would be
available when required by a state or an international
institution. The existence of personnel teams with
different specialties might allow for the subsequent
development of Transitional Justice strategies,
especially those of a judicial nature.
In November 2007, a meeting was held in New York
funded by Canada, Finland, Sierra Leone, Sweden and
the European Union.
67
There, various strategies were
agreed upon to enable the future application of JRR.
These included the design and implementation of a
pilot JRR initiative. This could result in an excellent
new mechanism for Transitional Justice.
Conclusions
Some European states carry out Transitional
Justice activities without clearly defining the
concept. A broad understanding of the concept is
used and both judicial and non-judicial measures
are supported.
Transitional Justice is not dealt with as a specific
matter within Foreign Ministries, but instead is
normally included in peace consolidation or
development initiatives.
The establishment of mechanisms for
emergencies, many of which are supported by the
EU or its members, such as those contemplated
under the Justice Rapid Response initiative could
enable the subsequent development of
Transitional Justice strategies.
There has been growing interest in the last two
years in the concept of Transitional Justice which
can be seen in the number of seminars and
conferences held on the matter.
European efforts in Transitional Justice Mara Avello
15
64
Justice Rapid Response, Meeting in New York, March 2007.
65
Five meetings to date and a feasibility study of the idea, Ibid
note 55.
66
Justice Rapid Response, a feasibility study,
ht t p: / / www. auswaer t iges- amt . de/ di pl o/ en/ Auss enpoli t i k/
Voelkerrecht/IStGh/IStGH-JRRdownload.pdf
67
http://www.justicerapidresponse.org/jrr_new_york_november_
2007.htm
Working Paper 58
16
Appendix
Promotion of Transitional Justice
by means of research and the
organisation of seminars
Some states have been exploring the concept of
Transitional Justice by supporting and participating in
related conferences and seminars. In April 2007,
Norway organised a conference, Truth and
Reconciliation Processes, which discussed national
reconciliation processes and the mechanisms needed to
support them.
For its part, the German Ministry of Cooperation and
Economic Development together with the Friedrich
Ebert Foundation
68
held a conference in February
2005 on reconciliation entitled From the assumptions
of the past to future cooperation: regional & global
reconciliation challenges.
69
The aim was to systemise
knowledge about states in crisis. Reconciliation was
understood to be an aspect of Transitional Justice.
During its conclusions, the conference made reference
to basic principles in applying Transitional Justice
measures, highlighting the need for a case-specific
approach, favouring the local populations ownership
of the process and sustaining a long-term strategy of
support.
Germany organised another international conference in
June 2007, in Nuremburg, specifically on the question
of Justice & Peace. The objective of this conference
was to highlight the apparent tension between justice
and peace in post-conflict situations. Participants
agreed to summarise existing recommendations in this
area to present them in the first quarter of 2008.
70
During the meeting, participants concluded that peace
and justice were not necessarily at odds with each
other.
In June 2007 Switzerland supported a conference in
Bogot, on Transitional Justice in Latin America
entitled The legacy of truth: the impact of Transitional
Justice in the construction of Latin American
democracy.
71
The creation of networks is also very useful. European
states collaborate in various joint initiatives, such as,
for example, the Reconciliation Resource Network
promoted by the International Institute for Democracy
and Electoral Assistance (IDEA), Sweden, which has
been financed by the Swiss Foreign Affairs Ministry.
72
The aim of that network, established in early 2007, is
to promote the exchange of ideas to promote
reconciliation policies, bringing together both practical
and theoretical approaches.
70
http://www.peace-justice-conference.info/peace_and_justice.asp
71
Information sent to the author by the Focal Point in Transitional
Justice in the Swiss Foreign Ministry.
72
http://www.idea.int/rrn/
68
A German foundation dedicated to political debate on multiple
subjects, both national & international. http://www.fes.de/
69
http://www.gtz.de/de/dokumente/es-informe-general-
reconciliacion.pdf
European efforts in Transitional Justice Mara Avello
17
DOCUMENTOS DE TRABAJO
58 European efforts in Transitional Justice, Mara Avello, June 2008
57 Paramilitary Demobilisation in Colombia: Between Peace and Justice, Felipe Gmez Isa, April 2008
56 Planting an Olive Tree: The State of Reform in Jordan. Freedom of Association and Civil Society in the Middle East
and North Africa: Report 2, Ana Echage, March 2008
55 The Democracy Promotion Policies of Central and Eastern European States, Laurynas Jonavicius, March 2008
54 Morocco: Negotiating Change with the Makhzen. Project on Freedom of Association in the Middle East and North
Africa, Kristina Kausch, February 2008
53 The Stabilisation and Association Process: are EU inducements failing in the Western Balkans?, Sofia Sebastian,
February 2008
52 Haiti: Voices of the Actors. A Research Project on the UN Mission, Amlie Gauthier et Pierre Bonin, January 2008
51 The Democratisation of a Dependent State: The Case of Afghanistan, Astri Suhrke, December 2007
50 The Impact of Aid Policies on Domestic Democratisation Processes: The Case of Mali. Donor
Harmonisation: Between Effectiveness and Democratisation. Case Study 4, Hamidou Magassa and Stefan
Meyer, February 2008
49 Peru: the Kingdom of the ONG?, Donor Harmonisation: Between Effectiveness and Democratisation. Case
Study 3, Enrique Alasino, February 2007
48 The Nicaragua Challenge. Donor Harmonisation: Between Effectiveness and Democratisation. Case Study 2,
Claudia Pineda y Nils-Sjard Schulz, January 2008
47 EU Democracy Promotion in Nigeria: Between Realpolitik and Idealism, Anna Khakee, December 2007
46Leaving Dayton Behind: Constitutional Reform in Bosnia and Herzegovina, Sofa Sebastin, November 2007
45 The "Third Populist Wave" of Latin America, Susanne Gratius, October 2007
44 OSCE Democracy Promotion: Griding to a Halt?, Jos Boonstra, October 2007
43 Fusing Security and Development: Just another Euro-platitude?, Richard Youngs, September 2007
42 Vietnams Laboratory on Aid. Donor Harmonisation: Between Effectiveness and Democratisation. Case Study
1, Mara Delfina Alcaide and Silvia Sanz-Ramos, September 2007
41 Theoretical Framework and Methodology for Country Case Studies. Donor Harmonisation: Between
Effectiveness and Democratisation, Stefan Meyer y Nils-Sjard Schulz, September 2007
40 Spanish Development Cooperation: Right on Track or Missing the Mark?, Stefan Meyer, July 2007
39 The European Union and the Gulf Cooperation Council, Ana Echage, May 2007
38 NATOs Role in Democratic Reform, Jos Boonstra, May 2007
37 The Latin American State: Failed or Evolving?, Laura Tedesco, May 2007
36 Unfinished Business? Eastern Enlargement and Democratic Conditionality, Geoffrey Pridham, April 2007
35 Brazil in the Americas: A Regional Peace Broker?, Sussane Gratius, April 2007
34 Buffer Rus: New Challenges for Eu Policy towards Belarus, Balazs Jarabik and Alastair Rabagliati, March
2007
33 Europe and Russia, Beyond Energy, Kristina Kausch, March 2007
32 New Governments, New Directions in European Foreign Policies?, Richard Youngs (editor), January 2007
31 La Refundacin del Estado en Bolivia, Isabel Moreno y Mariano Aguirre, Enero de 2007
30 Crisis of State and Civil Domains in Africa, Mariano Aguirre and David Sogge, December 2006
29 Democracy Promotion and the European Left: Ambivalence Confused?, David Mathieson and Richard
Youngs, December 2006
Working Paper 58
18
28 Promoting Democracy Backwards, Peter Burnell, November 2006
27 Respuestas globales a amenazas globales. Seguridad sostenible para el siglo XXI, Chris Abbott, Paul
Rogers y John Sloboda, Septiembre de 2006
26 When More is Less: Aiding Statebuilding in Afghanistan, Astri Suhrke, September 2006
25 The Crisis in Timor-Leste: Restoring National Unity through State Institutions, Culture, and Civil Society,
Rebecca Engel, August 2006
24 Misin de la ONU en la Repblica Democrtica del Congo: Imponer y consolidad la paz ms all de la
elecciones, Luis Peral, Julio de 2006
23 Angola: Global Good Governance Also Needed, David Sogge, June 2006
22 Recovering from Armed Conflict: Lessons Learned and Next Steps for Improved International Assistance,
Megan Burke, April 2006
21 Democracy and Security in the Middle East, Richard Youngs, March 2006
20 Defining Terrorism to Protect Human Rights, Ben Saul, February 2006
19 Failing States or Failed States? The Role of Development Models: Collected Works; Martin Doornbos,
Susan Woodward, Silvia Roque, February 2006
18 Facing the Victims in the Global Fight against Terrorism, Jessica Almqvist, January 2006
17 Transition and Legitimacy in African States: The cases of Somalia and Uganda, Martin Doornbos,
December 2005
16 The United Nations Responsibility towards Victims of Terrorist Acts, Irune Aguirrezabal Quijera,
November 2005
15 Threats to Human Security: The Need for Action?, Luis Peral, October 2005
14 Helping Castro? EU and US policies towards Cuba, Susanne Gratius, October 2005
13 Alliance of Civilisations: International Security and Cosmopolitan Democracy, Kristina Kausch and Isaas
Barreada, October 2005
12 Building a New Role for the United Nations: the Responsibility to Protect, Carlos Espsito and Jessica
Almqvist, September 2005
11 Political Reform and the Prospects for Democratic Transition in the Gulf, Jill Crystal, July 2005
10 Aggression, Crime of Aggression, Crime without Punishment, Antonio Remiro Brotns, June 2005
9Espaa y el Magreb durante el segundo mandato del Partido Popular. Un perodo excepcional, Laura
Feli, Mayo de 2005
8EU instruments for conflict prevention, Javier Nio Prez, April 2005
7Contribucin espaola a la construccin de la paz. Razones y propuestas para la elaboracin de un Plan
de Accin, Luis Peral, Abril de 2005
6Spain and Morocco: Towards a Reform Agenda?, Richard Gillespie, April 2005
5Which Justice for Perpetrators of Acts of Terrorism? The Need for Guidelines, Jessica Almqvist, March 2005
4Reflexiones sobre la reforma del Servicio Exterior de Espaa, Carlos Espsito, Febrero de 2005
3Political Islam: Ready for Engagement?, Emad El-Din Shahin, February 2005
2Ten years of the Barcelona Process: A Model for Supporting Arab Reform?, Richard Youngs, January 2005
1A proposal for governance of the Gaza strip in the context of the announced Israeli withdrawal, CITPax,
an initiative of Shlomo Ben-Ami, November 2004
DOCUMENTOS DE TRABAJO
www.fride.org
Goya, 5-7, Pasaje 2. 28001 Madrid ESPAA. Tel.: +34 912 44 47 40 Fax: +34 912 44 47 41. Email: fride@fride.org
Since 2004, when the UN Secretary General presented a report to the Security
Council recommending a new vision of Transitional Justice, with several integrated
and complementary foci, the concept of Transitional Justice has advanced in diverse
directions.
In the 1990s it went from being considered a purely legal question to one of the key
aspects in democratisation processes, thereby leading to new instruments such as
Truth Commissions. Likewise, the wars in the Balkans and Rwanda, together with
the subsequent creation of international tribunals to address the massive violations
of human rights which took place, led to the incorporation of international law in the
area of Transitional Justice. As a result of these events, the peace processes that
unfolded during the 1990s have developed essential tools for the construction and
maintenance of peace.
This FRIDE working paper analyses the diverse legislation and international
organisations that exist in the area of Transitional Justice, while also evaluating the
new initiatives and tools designed to confront the consequences of generalised and
systematic violations of human rights.