Comparing Trauma, Justice, and Reconciliation in War-Torn Societies, Slides of Criminal Law

Download Comparing Trauma, Justice, and Reconciliation in War-Torn Societies and more Slides Criminal Law in PDF only on Docsity! Trauma, Justice and Reconciliation Docsity.com Docsity.com WHAT IS JUSTICE? Docsity.com ASSUMPTIONS ABOUT TRIALS • UNCOVERING AND PUBLICIZING TRUTH • PUNISHING PERPETRATORS • RESPONDING TO THE NEEDS OF VICTIMS • PROMOTING RULE OF LAW • PROMOTING RECONCILIATION •“HEALING” INDIVIDUALS AND SOCIETIES Docsity.com RECONCILIATION • WHAT DOES IT TAKE TO REPAIR A COMMUNITY? • DO PEOPLE SEEK JUSTICE AND IF SO, WHAT FORMS DOES IT TAKE? • DO TRIALS EQUAL JUSTICE? • HOW IS TRAUMATIC EXPERIENCE RELATED TO RECONCILIATION? Docsity.com Research Methods • Surveys – Balkans: 1,600 people surveyed twice 12-24 months apart – Rwanda: 2,100 people • Key Informant Interviews • Focus Groups • Ethnographic Studies Docsity.com Research Question How do societies torn apart by war, genocide, and ethnic cleansing pursue justice and, at the same time rebuild their divided communities? Docsity.com Study Sites 1999 - 2003 • Former Yugoslavia – Mostar, Bosnia and Herzegovina – Prijedor, Bosnia and Herzegovina – Vukovar, Croatia – Refugee Settlements, Serbia and Montenegro • Rwanda Varied exposure to genocide – Ngoma (Butare Town) – Mabanza – Buyoga – Mutura Docsity.com BELIEVE ME THAT I AM TELLING YOU WHAT I FEEL BECAUSE I WAS HERE DURING THE WAR AND I SURVIVED WITH MY FAMILY..AND I AM TELLING YOU NOW AS A HUMAN THAT PEOPLE RESPONSIBLE, ACCOUNTABLE AND GUILTY FOR ALL THOSE CRIMES SHOULD BE ACCOUNTABLE FOR THOSE CRIMES BECAUSE PEOPLE NEED THAT. WHEN SOMEONE WANTS TO FORGIVE SOMEBODY, HE’LL DO IT WITHOUT A COURT…IF WE ARE HUMAN, WE DON’T NEED A COURT. PEOPLE DO NOT HAVE CONFIDENCE IN THE TRIBUNAL. BUT IT IS THE ONLY LIGHT AT THE END OF THE TUNNEL. WITHOUT IT, THERE WOULD BE NO JUSTICE AND THIS WOULD BE THE FINAL BETRAYAL. Docsity.com Community Effects of Trials Social and political effects Reification of perpetrators Collective innocence  Protection of bystanders and beneficiaries Hardening of nationalist (ethnic or other in-group perspectives) Docsity.com Setting up an international court was a way of punishing the perpetrators of such crimes and at the same time hopefully establishing a culture of law. However, because the court was inherently foreign to the very society that it was supposed to be helping, international justice has forfeited any impact on Rwandan society. By so doing, it has failed to achieve both its social and educational functions. International Crisis Group ICTR: Justice Delayed, 2001 Docsity.com Attitudes toward the ICTY and War Crimes Figure 7: Attitudes toward the ICTY 2.76 2.75 2.07 2.02 3.46 4.16 4.07 4.12 2.16 1.76 2.38 2.94 0.00 0.50 1.00 1.50 2.00 2.50 3.00 3.50 4.00 4.50 Serbs-Vukovar Serbs-Prijedor Bosniaks-Prijedor Bosniaks-Mostar Croats-Mostar Croats-Vukovar 2000/1 2002 Docsity.com Figure 8: Admission of war crimes committed by own nationality 95.0% 98.5% 56.3% 52.5% 77.1% 69.1% 63.1% 75.9% 56.1% 54.7% 65.6% 68.2% 0.0% 20.0% 40.0% 60.0% 80.0% 100.0% Serbs-Vukovar Serbs-Prijedor Bosniaks-Prijedor Bosniaks-Mostar Croats-Mostar Croats-Vukovar 2000/1 2002 Docsity.com Figure 9: Acceptance of the members of the ŅopposingÓ nationality 7.84 7.92 2.64 5.64 4.88 3.28 3.60 4.80 3.28 4.48 4.72 5.12 0.00 1.00 2.00 3.00 4.00 5.00 6.00 7.00 8.00 Serbs-Vukovar Serbs-Prijedor Bosniaks-Prijedor Bosniaks-Mostar Croats-Mostar Croats-Vukovar 2000/1 2002 Docsity.com TRAUMA, JUSTICE AND RECONCILIATION • IN BALKANS NO DIRECT RELATIONSHIP BETWEEN EXPERIENCE OF TRAUMA AND DESIRE FOR TRIALS FOR THOSE TRAUMATIZED, PRIOR NEGATIVE EXPERIENCE WITH “THE OTHER” LEADS TO RESISTANCE TO RECONCILIATION FOR THOSE WITH PRIOR POSITIVE EXPERIENCES WITH “THE OTHER” AND A WILLINGNESS TO ACKNOWLEDGE THAT THEIR GROUP COMMITTED WAR CRIMES, THERE IS A RELATIONSHIP BETWEEN TRIALS AND RECONCILIATION Docsity.com TRAUMA. JUSTICE, AND RECONCILIATION • IN RWANDA PTSD SYMPTOMS INFLUENCE ATTITUDES TO CERTAIN TYPES OF TRIALS AND TO SOME MEASURES OF RECONCILATION E.G. BELIEF IN COMMUNITY AND INTERPDEPENDENCE TRAUMA EXPOSURE SIMILARLY INFLUENCES ATTITUDES TO CERTAIN TYPES OF TRIALS AND TO INTERDEPENDENCE, COMMUNITY AND WILLINGNESS TO USE VIOLENCE Docsity.com CONCLUSIONS 1. NO DIRECT LINK BETWEEN CRIMINAL TRIALS AND RECONCILIATION 2. FOR SURVIVORS, THE IDEA OF “JUSTICE” IS MUCH MORE BROADLY DEFINED THAN TRIALS 3. NO DIRECT LINK BETWEEN TRAUMA EXPOSURE AND DESIRE FOR TRIALS 4. SOCIAL RECONSTRUCTION IS A SLOW PROCESS THAT OCCURS AT MULTIPLE LEVELS. 5. SOCIAL JUSTICE (ECONOMIC AND SOCIAL WELL-BEING) IS CRITICAL TO SOCIAL REPAIR Docsity.com COMPONENTS OF SOCIAL RECONSTRUCTION •SECURITY •FREEDOM OF MOVEMENT •RULE OF LAW •ACCESS TO ACCURATE (UNBIASED) INFORM,ATION •JUSTICE •EDUCATION •ECONOMIC DEVELOPMENT •CROSS-ETHNIC ENGAGEMENT Docsity.com COLLECTIVE GUILT, COLLECTIVE INNOCENCE AND THE LIMITATIONS OF TRIALS Docsity.com