Using Strategic Litigation and Universal Jurisdiction to Advance Accountability for Serious International Crimes

This article addresses what the increased role of strategic litigation and universal jurisdiction for serious international crimes in domestic courts means for international criminal justice by exploring the opportunities and risks as well as implications for the field. A number of key overlapping and countervailing trends stand out: (i) a growing landscape where domestic legal systems are playing larger roles; (ii) a constantly proliferating and complex transnational network of actors – formal and informal – involved in the pursuit of accountability; and (iii) a risk of further entrenching Eurocentrism of international criminal justice resulting from the dominance of European domestic courts for the prosecution of international crimes under universal jurisdiction. The article concludes by stressing the importance of strategic litigation and universal jurisdiction and the role played by civil society in pursuing accountability for serious international crimes, and puts forward some modest recommendations for mitigating some of the identified risks

Managing soil fertility in organic farming systems

Complex relationships exist between different components of the organic farm and the quantity and quality of the end products depend on the functioning of the whole system. As such, it is very difficult to isolate soil fertility from production and environmental aspects of the system. Crop rotation is the central tool that integrates the maintenance and development of soil fertility with different aspects of crop and livestock production in organic systems. Nutrient supply to crops depends on the use of legumes to add nitrogen to the system and limited inputs of supplementary nutrients, added in acceptable forms. Manures and crop residues are carefully managed to recycle nutrients around the farm. Management of soil organic matter, primarily through the use of short-term leys, helps ensure good soil structure and biological activity, important for nutrient supply, health and productivity of both crops and livestock. Carefully planned diverse rotations help reduce the incidence of pests and diseases and allow for cultural methods of weed control. As a result of the complex interactions between different system components, fertility management in organic farming relies on a long-term integrated approach rather than the more short-term very targeted solutions common in conventional agriculture

Imperatives of the Present: Black Lives Matter and the Politics of Memory and Memorialization

Black Lives Matter is having a profound impact on how individuals and communities view their repressive histories and their present environments. The movement has greatly influenced the questioning of everyday landscapes and the role of official memory in the erection, maintenance, or removal of monuments and memorials. In this column, I shed light on these phenomena, and highlight the tensions that exist between the acknowledgement and removal of racist or problematic memorials and statues and the protection of historical monuments and cultural heritage more generally. A human rights approach to memorialization would be a step in the right direction, while recognizing that the imperatives of the present shape memorialization efforts. It calls on those in the human rights field to continue pressing for critical reflection and debate around racism and memory landscapes, and to call out and expose racism in all of its forms in order to bring about social change

Nuremberg's Legacy on Transitional Justice : Prosecutions are Here to Stay

A lasting legacy of the Nuremberg and Tokyo military tribunals is the assertion that individuals are subjects of international law and should be held criminally responsible for perpetrating war crimes and crimes against humanity. Building upon the Nuremberg legacy, the emergence and proliferation of modern international(ized) tribunals has ushered in a new era in international criminal justice, whereby states seek to end impunity for international crimes through criminal trials. This Article addresses the legacy of Nuremberg in transitional justice approaches. It examines the criticisms within the transitional justice field that criminal justice processes are generally ill-suited to address the social forces that characterize collective violence and the push away from criminal prosecutions towards other non-retributive processes. It argues that while post-conflict peacebuilding requires a more holistic transitional justice approach, recourse to at least some criminal prosecutions remains an enduring legacy of Nuremberg, supported by both international actors as well as victim communities

A New Frame? Transforming Policing through Guarantees of Non-Repetition

Using qualitative legal scholarship, combined with literature analysis from post-conflict peacebuilding and police studies, this article provides a normative and theoretical lens through which police and other actors can view and carry out reform efforts. It explores whether and how the concept of guarantees of non-repetition could contribute to or reframe discussions in order to prevent future violence and facilitate lasting institutional changes. The article examines the development of a broader approach to security sector reform and explores guarantees of non-repetition and the conceptual confusion it has encountered. It teases out the main aspects of guarantees of nonrepetition, including its human rights elements, such as due diligence obligations. Finally, it addresses how guarantees of non-repetition provide a normative institutional policy framework that offers the possibility to shift the rhetoric to focus on State obligations that are context-driven. As a result, guarantees of non-repetition could prove useful when addressing police reform

Changing Landscapes in Documentation Efforts : Civil Society Documentation of Serious Human Rights Violations

Wittingly or unwittingly, civil society actors have long been faced with the task of documenting serious human rights violations. Thirty years ago, such efforts were largely organised by grassroots movements, often with little support or funding from international actors. Sharing information and best practices was difficult. Today that situation has significantly changed. The purpose of this article is to explore the changing landscape of civil society documentation of serious human rights violations, and what that means for standardising and professionalising documentation efforts. Using the recent Hisséne Habré case as an example, this article begins by looking at how civil society documentation can successfully influence an accountability process. Next, the article touches upon barriers that continue to impede greater documentation efforts. The article examines the changing landscape of documentation, focusing on technological changes and the rise of citizen journalism and unofficial investigations, using Syria as an example, as well as on the increasing support for documentation efforts both in Syria and worldwide. The changing landscape has resulted in the proliferation of international documentation initiatives aimed at providing local civil society actors guidelines and practical assistance on how to recognise, collect, manage, store and use information about serious human rights violations, as well as on how to minimise the risks associated with the documentation of human rights violations. The recent initiatives undertaken by international civil society, including those by the Public International Law & Policy Group, play an important role in helping to standardise and professionalise documentation work and promote the foundational principles of documentation, namely the ‘do no harm’ principle, and the principles of informed consent and confidentiality. Recognising the drawback that greater professionalisation may bring, it nevertheless concludes by applauding the initiatives undertaken thus far and calls for even more sustained cooperation, dissemination and training for civil society where possible

Procedural justice? Victim participation in international criminal proceedings

In early 2006, the Office of the High Commissioner for Human Rights called for more detailed research into the relevant international standards and national and international practices concerning the role of victims in criminal proceedings. In response to this call and the increased attention paid to victims at international criminal institutions, this study explores the role of victims in international criminal proceedings. As such, the aim of this study is threefold: (i) to describe, explain and clarify the procedural role afforded to victims in international criminal proceedings; (ii) to evaluate whether the current approaches to victim participation in international criminal proceedings are consistent with human rights standards; and (iii) to determine the proper scope and content of victim participation in international criminal proceedings. To structure the analysis, the framework focuses on two central concepts, namely the unique characteristics of international criminal proceedings and human rights standards. Broken up into two main parts, the first part of the study covers criminal law theories and the current role afforded to victims in domestic jurisdictions. It further examines the development of their procedural rights both domestically and internationally. The second part of the study then deals exclusively with international criminal justice institutions and the participatory rights afforded to victims therein. Using two case studies, one on the Extraordinary Chambers in the Courts of Cambodia and the other on the International Criminal Court, the research highlights how these courts have approached the issue of victim participation. The study concludes with general recommendations. It is hoped that the findings of this study may contribute to a better understanding of competing rights within international criminal justice and that they provide those involved in the shaping of international criminal justice a means through which to view the participatory rights of victims