Press Releases:

April 25, 2006

ICTJ Launches New Series on Prosecutions

Case Studies on Kosovo, Sierra Leone, and Timor-Leste Offer Landmark Policy Lessons on Hybrid Tribunals

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Suzana Grego
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E-MAIL sgrego@ictj.org

NEW YORK, April 25, 2006-The International Center for Transitional Justice (ICTJ) today announced the release of three landmark case studies, the first in a newly launched Prosecutions Case Studies Series. The studies offer a comprehensive look at the history, operation, and legacy of hybrid tribunals in Kosovo, Sierra Leone, and Timor-Leste.

Each country case study was conceived of and developed as a vehicle to provide vital insights and guide policymakers and stakeholders in establishing and operating hybrid tribunals-courts with both international and domestic features. While many previous studies of hybrid tribunals have tended to focus on a more limited range of issues-often primarily legal in scope-these studies are unique in attempting to offer comprehensive policy analyses with specific implications for future endeavors. The case studies cover a broad range of issues: from prosecutorial strategies, to balancing relationships between international and domestic actors, to assessing the lasting legacies of hybrid tribunals.

"This is a very timely series given current trends in international prosecutorial efforts and the fact that we now have more than five years of experience with hybrid tribunals from which to draw lessons," said Marieke Wierda, ICTJ senior associate and co-author of the three case studies. "Our hope is that these will provide useful policy guidelines, not only to national and international actors in Bosnia, Burundi, Cambodia, and Lebanon, where hybrid courts are either functioning or in the process of being established, but also to the broad and rapidly growing field of prosecutions for mass crimes."

The studies are the result of several years of collaborative research undertaken by the ICTJ's Marieke Wierda, Senior Associate Caitlin Reiger, and consultant Tom Perriello, all of whom have experience working in either-or both-Sierra Leone and Timor-Leste, where the Center's long-standing country programs have focused in part on their hybrid courts. The case studies draw heavily on these first-hand engagements or-in the case of Kosovo-derive from original research based on interviews the authors conducted there.

Though the case studies present widely varying contexts, they yield conclusions on similar issues of legitimacy and impact, suggesting a preference for in-country trials whenever possible, but also underlining the necessity for adequate planning and resources.

"We wanted to challenge the assumption that hybrid tribunals guarantee certain outcomes," says Caitlin Reiger, ICTJ senior associate and co-author of one of the studies. "These case studies make it painfully clear that success hinges on dedicated attention, adequate resources, and sound design. Despite their potential for positive impact on victims and national legal systems, these tribunals are potential solutions, not automatic success stories, making it all the more urgent that we learn lessons now so that future tribunals can benefit from the lessons of the past."

The case studies are available in their entirety on the ICTJ's website at: http://www.ictj.org/en/news/pubs/index.html

Forthcoming publications in this series will focus on prosecutions in Bosnia and Herzegovina, the legacy of the serious crimes process in Timor-Leste, and the relationship between the domestic legal system and the Special Court for Sierra Leone.

The ICTJ's Work on Prosecutions

The Prosecutions Case Studies Series is the latest example of the Center's focus on specific thematic areas that ground its transitional justice work around the world. The ICTJ regards criminal justice as an essential part of an integrated response to massive human rights violations, which should be pursued whenever possible. While prosecutions must necessarily focus on the accused, these efforts should also aim to restore victims' dignity and public confidence in the rule of law.

To this end, the Center has worked to expand its relationships with various judicial bodies and instruments by, for example, offering detailed analyses of domestic prosecutions efforts in Indonesia and Mexico; conducting assessments of hybrid tribunals; collaborating with the International Criminal Court and several of its expert groups to help assess its role and identify challenges in various contexts; and working to bring together practitioners involved in major prosecutorial efforts around the globe to help build local capacity.

The ICTJ's extensive experience in this area has led it to play a central role in developing widely consulted policy guidelines and tools, such as the recent Rule of Law Tools for Post Conflict States, released by the Office of the UN High Commissioner for Human Rights (OHCHR). See http://www.ohchr.org/english/about/publications/ for the complete set of guidelines.

The Center is currently developing an Administrative Practices Manual to guide the establishment of in-country courts, as well as a practical tool to address the legacy potential of hybrid tribunals.

About the ICTJ

The International Center for Transitional Justice (ICTJ) assists countries pursuing accountability for past mass atrocity or human rights abuse. The Center works in societies emerging from repressive rule or armed conflict, as well as in established democracies where historical injustices or systemic abuse remain unresolved.

In order to promote justice, peace, and reconciliation, government officials and nongovernmental advocates are likely to consider a variety of transitional justice approaches including both judicial and nonjudicial responses to human rights crimes. The ICTJ assists in the development of integrated, comprehensive, and localized approaches to transitional justice comprising five key elements: prosecuting perpetrators, documenting and acknowledging violations through non-judicial means such as truth commissions, reforming abusive institutions, providing reparations to victims, and facilitating reconciliation processes.

The Center is committed to building local capacity and generally strengthening the emerging field of transitional justice, and works closely with organizations and experts around the world to do so. By working in the field through local languages, the ICTJ provides comparative information, legal and policy analysis, documentation, and strategic research to justice and truth-seeking institutions, nongovernmental organizations, governments and others.