Which one of the following transitional justice mechanisms would be most effective in addressing past human rights abuses in Afghanistan?

Exposé Écrit pour un Séminaire / Cours , 2003 , 15 Pages , Note: 15 Points

Droit - Droit communautaire/européen, Droit international, Droit privé international

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.

Inhaltsverzeichnis (Table of Contents)

• Introduction
• Main Part
  • Truth and Reconciliation Commission
  • Courts
    • Local Court
    • International Ad Hoc Court
    • Hybrid Court
    • International Criminal Court
  • Lustration
  • Amnesty
  • Constitution with entrenched Bill of Rights
• Conclusion

Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)

This paper examines the effectiveness of different transitional justice mechanisms in addressing past human rights abuses in Afghanistan, specifically focusing on the period following the Soviet-backed coup in 1978. It explores the pros and cons of various mechanisms, taking into account the country's diverse ethnic and religious composition.

• Transitional justice mechanisms and their effectiveness in addressing past human rights abuses
• The role of truth and reconciliation commissions in post-conflict societies
• The challenges and opportunities of establishing courts, including local, international, and hybrid courts
• The impact of lustration and amnesty on national reconciliation
• The importance of a constitution with entrenched bill of rights in protecting human rights

Zusammenfassung der Kapitel (Chapter Summaries)

The introduction highlights the lack of effective mechanisms to address past crimes committed during the Afghan war and emphasizes the need for justice and reconciliation. It outlines the paper's focus on examining transitional justice mechanisms, specifically Truth and Reconciliation Commission, various types of courts, lustration, amnesty, and a Constitution with entrenched Bill of Rights.

The chapter on Truth and Reconciliation Commission (TRC) discusses its dual responsibility: providing a space for victims to share their trauma and ensuring due process for alleged perpetrators. It explores the advantages and disadvantages of TRCs in the context of Afghanistan, including the challenges of neutrality, limited mandate, and budgetary constraints. It also examines the importance of inclusivity in the composition of the TRC to ensure broader acceptance among the Afghan population.

Schlüsselwörter (Keywords)

The key terms and concepts explored in this paper include transitional justice, human rights abuses, truth and reconciliation, hybrid courts, International Criminal Court, lustration, amnesty, constitution, entrenched bill of rights, Afghanistan, post-conflict societies, reconciliation, justice, and ethnic diversity.

• Université: University of Mannheim
• Note: 15 Points
• Auteur: Dr. Stefanie M. Bausch (Auteur)
• Année de publication: 2003
• Pages: 15
• N° de catalogue: V22920
• ISBN (ebook): 9783638261470
• Langue: anglais
• mots-clé: Which, Afghanistan