By Anna Cutter Patel, Pablo de Greiff, Lars Waldorf
For the previous two decades, foreign donors have invested seriously in large-scale disarmament, demobilization, and reintegration (DDR) courses, whereas, while, transitional justice measures have proliferated, bringing fact, justice, and reparations to these getting better from nation violence and civil struggle. but DDR courses are seldom deconstructed to find whether or not they really in achieving their justice-related goals. also, transitional justice mechanisms hardly ever articulate suggestions for coordinating with DDR. Disarming the prior examines the connections—and failures—between those tasks inside of peacebuilding contexts and evaluates destiny hyperlinks among DDR courses and the goals of transitional justice. the end result of a considerable study venture initiated by way of the overseas middle for Transitional Justice (ICTJ), this ebook is essential for someone attracted to potent interventions and enduring results.
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Additional info for Disarming the Past: Transitional Justice and Ex-Combatants (Advancing Transitional Justice)
Amnesties are usually seen as one of the key incentives or preconditions for a successful DDR program. These divergent practitioner perceptions are mirrored in academic scholarship. The transitional justice literature on amnesties is vast and the analyses are, especially in the last decade, overwhelmingly antagonistic to amnesties. By comparison, DDR literature on amnesties is scant, and where one finds a reference to the topic at all, it is usually positive in the sense of treating amnesties as conducive, rather than antagonistic, to the aims of DDR.
After all, combatants will be more likely to disarm and demobilize when they do not risk prosecution for their prior acts of violence. However, on the continuum of leniency measures considered necessary to facilitate a DDR process, an amnesty sits at the extreme end. 54 Amnesties of a broad nature also eliminate the possibility of removing war criminals from society (via trial and imprisonment), and can possibly have the effect of emboldening the amnestied class to commit further crimes, thus undermining the specific deterrence goal of criminal law.
Sec. , Annex B, 17–19. 63 International and regional human rights treaties obligate states to make the rights provided by those treaties judicially enforceable. As of mid-April 2009, 108 states had ratified the Rome Statute, which established the International Criminal Court to prosecute perpetrators of genocide, crimes against humanity, and war crimes. Universal jurisdiction and alien tort claims have expanded the reach of criminal prosecutions and civil actions against perpetrators of international crimes.