Which one of the following transitional justice mechanisms would be most effective in addressing past human rights abuses in Afghanistan?
Seminar paper from the year 2003 in the subject Law - European and International Law, Intellectual Properties, grade: 15 Points, University of Mannheim, language: English, abstract: As stated in an article on the Human Rights Watch Homepage, in Afghanistan there “are currently no effective mechanisms in place to address past crimes committed during the two decades of war that followed the Soviet-backed coup in 1978” . But there is a need to examine what happened during this time to achieve justice and reconciliation which are necessary for a brighter future of the state. This paper will deal with transitional justice mechanisms which come to mind when thinking about a solution for Afghanistan. It will address the pros and cons of a Truth and Reconciliation Commission, a Hybrid Court, an International Ad Hoc Court, a Local Court, the International Criminal Court, Lustration, Amnesty, and a Constitution with entrenched Bill of Rights and come to a conclusion about which of these methods shall be favoured for the state of Afghanistan. In order to do so one has to bear in mind the specific circumstances of the country such as the ethnic makeup, the religions and languages of the people.
What people are saying - Write a review
We haven't found any reviews in the usual places.
26 July address past crimes addressing past human Afghan civil Amnesty Bill of Rights Canadian International Development Commission of South committed Constitution with entrenched criminal justice system Desmond Tutu effective transitional justice EN.pdf entrenched Bill ethnic fair trial standards Furthermore future of Afghanistan gross violations happened Hoc Court http://web.amnesty.org/library/index/ENGASA11014 http://web.amnesty.org/pages/afg-background-eng http://web.amnesty.org/report2003/afg-summary-eng http://www.acdi-cida.gc.ca/INET/IMAGES.NSF/vLUImages/Peacebuilding4/$file/C-Truth http://www.globalpolicy.org/security/issues/sierra/court/2001/analysis.htm http://www.hrw.org/backgrounder/asia/afghan http://www.hrw.org/backgrounder/asia/afghanistan/afforeign1220.htm http://www.hrw.org/backgrounder/asia/afghanistan/afghbk.htm http://www.hrw.org/reports/1991/afghanistan2 human rights abuses human rights violations Human Rights Watch Hybrid Court International Ad Hoc International Community International Criminal Court International Development Agency international fair trial international judges judiciary legal personnel legal proceedings Lustration mechanism in Afghanistan mentioned transitional justice mind when thinking nal Framework National Unity offenders Operatio past human rights Peacebuilding perpetrator friendly perpetrators of human Promotion of National punished Reconciliation Act Reconciliation Commission restorative justice Rome Statute single perpetrator South Africa Report transitional justice mechanism Truth and Reconciliation Unity and Reconciliation victims violations in Afghanistan violations of human wherefore