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Transitional Justice and Human Rights (21:070:390): Seeking Justice

ISIS/ISIL

Report of the Office of the United Nations High Commissioner for Human Rights on the Human Rights Situation in Iraq in the Light of Abuses Committed by the So-called Islamic State in Iraq and the Levant and Associated Groups
"Advance Unedited Version." UN doc. A/HRC/28/18. March 13, 2015.
Islamic State: A Selected Bibliography (Nov. 2014)
Links to U.S. government resources: Committee Prints, CRS Reports, Hearings, and other documents.
U.S. Policy Towards Iraq and Syria and the Threat Posed by the Islamic State of Iraq and the Levant (ISIL)
Washington, DC, U.S. Government Publishing Office, 2015
Hearing before the Committee on Armed Services, United States Senate, 113th Congress, 2nd session, September 16, 2014.
Genocidal Attacks Against Christian and Other Religious Minorities in Syria and Iraq
Washington, U.S. Government Printing Office, 2014.
Joint hearing before the Subcommittee on Africa, Global Health, Global Human Rights, and International Organizations and the Subcommittee on the Middle East and North Africa of the Committee on Foreign Affairs, House of Representatives, 113th Congress, 2nd session, September 10, 2014.

The Framework

Charter of the International Military Tribunal
"In pursuance of the Agreement signed on the 8th day of August 1945 by the Government of the United States of America, the Provisional Government of the French Republic, the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Union of Soviet Socialist Republics, there shall be established an International Military Tribunal (hereinafter called "the Tribunal'') for the just and prompt trial and punishment of the major war criminals of the European Axis. "
Crimes Against Humanity (Draft Consolidated Text)
U.N. Preparatory Committee on the Establishment of an International Criminal Court. Working Group on Definition of Crimes. 11-21 February 1997. U.N. Doc. A/AC.249/1997/WG.1/CRP.5
Rome Statute of the International Criminal Court
"An International Criminal Court ("the Court") is hereby established. It shall be a permanent institution and shall have the power to exercise its jurisdiction over persons for the most serious crimes of international concern, as referred to in this Statute, and shall be complementary to national criminal jurisdictions." U.N. Doc. A/CONF.183/9*
Resolution 827 (1993)
U.N. Security Council. 25 May 1993. U.N. doc. S/RES/827 (1993).
"Expressing once again its grave alarm at continuing reports of widespread and flagrant violations of international humanitarian law occurring within the territory of the former Yugoslavia, and especially in the Republic of Bosnia and Herzegovina, including reports of mass killings, massive, organized and systematic detention and rape of women, and the continuance of the practice of "ethnic cleansing"...Decides hereby to establish an international tribunal for the sole purpose of prosecuting persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia between 1 January 1991 and a date to be determined by the Security Council upon the restoration of peace and to this end to adopt the Statute of the International Tribunal....

The Trials

Law Reports of Trials of War Criminals
United Nations War Crimes Commission. English edition. 15 volumes. London, 1947-1949.
Fifteen volumes of cases representing some of the more high-profile cases handled by the United Nations War Crimes Commission.
Interrogation Records Prepared for War Crimes Proceedings at Nuremberg, 1945-1947
United States. Office of Chief of Counsel for the Prosecution of Axis Criminality. Microcopy no. 1270. 31 Microfilm reels. Washington, National Archives and Records Service, 1983. Available?

The Balkans

United Nations International Criminal Tribunal for the former Yugoslavia
Includes news archives, documentaries, case documents, and tribunal rules and procedures.
Republic of Serbia. Office of the War Crimes Prosecutor
"The Office of the War Crimes Prosecutor was founded with the intention to detect and prosecute perpetrators of criminal offences against humanity and international law, as defined in Chapter XVI of the Basic Penal Code, as well as grave breaches of the International Humanitarian Law, committed in the territory of the former Yugoslavia since 1 January 1991, as recognized by the Statute of the International Criminal Tribunal for the Former Yugoslavia (ICTY)." News, cases reports, closing arguments, etc. Most recent documents may not be available in English.
Twilight of Impunity: The War Crimes Trial of Slobodan Milosevic
Judith Armatta. Durham, NC, Duke University Press, 2010. Available?
The International Criminal Court and the Balkan Crisis: The Capture and Indictment of Slobodan Milosevic
Muriel E. Kroplinski. Ph.D Thesis. Rutgers University, 2007. Rutgers-restricted Access Available?
The Defense Speaks: For History and the Future: Yugoslav President Slobodan Milosevic's Opening Defense Statement Before the International Criminal Tribunal for the Former Yugoslavia (ICTY) at The Hague, August 31-September 1, 2004.
New York, International Action Center, 2006. Available?
Milosevic: A Biography
Adam LeBor. New Haven, Yale University Press, 2004. Available?
Serbian Dreambook: National Imaginary in the Time of Milsosevic
Marko Zivkovic. Bloomington, Indiana University Press, 2011. Available?
Peace with Justice?: War Crimes and Accountability in the Former Yugoslavia.
Paul R. Williams and Michael P. Scharf. Lanham, Md., Rowman & Littlefield, 2002. Available?

The Cambodian Holocaust

The Master of Confessions: The Making of a Khmer Rouge Torturer
Thierry Cruvellier. New York, Ecco, 2014. Available?
Extraordinary Chambers in the Courts of Cambodia: Video Archive.
Includes videos of Kaing Guek Eav's statements of apology.
Compilation of Statement of Apology Made by Kaing Guck Eav alias Duch During the Proceedings.
Transcripts of statements made between March 2009 and March 2011.
Kaing Guek Eav's Final Written Submission
November 11, 2009.
Final Statement from Kaing Guek Eav alias Duch 30 Mar 2011.
Video. Duch's 25 minute final statement to the Supreme Court Chamber, appealing his 35 year sentence imposed on July 26, 2010.
Duch: Master of the Forges of Hell. 2011.
DVD. " A horrifying in-depth interview with Duch, who candidly talks about his ascension in the Khmer Rouge party, and his involvement in the mass murder of his fellow Cambodians." Available?
Finding Comrade Duch.
London, SW Pictures Ltd., 2009. Streaming video.
Kaing Guek Eav
Extraordinary Chambers in the Courts of Cambodia site. Includes decisions, documents, transcripts, press realeases, and videos relating to Duch's trial.
Victim Participation and the Trial of Duch at the Extraordinary Chambers in the Courts of Cambodia
Phuong N. Pham et al. Journal of Human Rights Practice 3(3), 2011, pp.264-287.
"In this study, we interviewed all 75 civil parties residing in Cambodia, including those who had ultimately been denied civil party status at the conclusion of the trial in Case 001. The objective was to learn about their experiences in participating in the ECCC proceedings."

Iraq

The Statute of the Iraqi Special Tribunal
Building the Iraq Special Tribunal: Lessons from Experiences in International Criminal Justice
Laurel Miller. Washington, DC, United States Institute of Peace, 2004.
Saddam on Trial: Understanding and Debating the Iraqi High Tribunal.
Michael P. Scharf. Durham, N.C., Carolina Academic Press, 2006. Available?

Rwanda

International Criminal Tribunal for Rwanda
News, status of cases, documents, transcripts of proceedings, etc.
Court of Remorse: Inside the International Criminal Tribunal for Rwanda.
T. Cruvellier and Chari Voss. Madison, Wis., University of Wisconsin Press, 2010. Available?
Machete Season: The Killers in Rwanda Speak: A Report
Jean Hatzfeld. New York, Farrar, Straus and Giroux, 2005. Available?
The Prosecutor v. Edouard Karemera, Mathieu Ngirumpatse, and Joseph Nzirorera. Amended Indictment of 24 August 2005
International Criminal Tribunal for Rwanda. Case No., ICTR-98-44-I.
My Neighbor, My Killer.
Streaming video, 2009. "A film of the Gacaca Tribunals, open-air hearings with citizen-judges meant to try their neighbors and rebuild the nation. As part of this experiment in reconciliation, confessed genocide killers were sent home from prison, while traumatized survivors were asked to forgive them and resume living side-by-side." Rutgers-restricted Access

Syria

Establishing a Syrian War Crimes Tribunal?
Joint hearing before the Subcommittee on Africa, Global Health, Global Human Rights, and International Organizations and the Subcommittee on the Middle East and North Africa of the Committee on Foreign Affairs, House of Representatives, One Hundred Thirteenth Congress, 1st Session, October 30, 2013. Washington, D.C., U.S. Government Printing Office, 2014.
Awaiting Justice: Prospects for Prosecuting War Crimes in Syria
Maria Radziejowska. The Polish Institute of International Affairs Policy Brief no. 31(79), November 2013.
Independent International Commission of Inquiry on the Syrian Arab Republic
News, reports, press releases and statements.
UN Documents for Syria
'Death Everywhere': War Crimes and Human Rights Abuses in Aleppo, Syria
Amnesty International, 2015.
'Left to Die Under Siege'" War Crimes and Human Rights Abuses in Eastern Ghouta, Syria
Amnesty International. 2015.
S.756 - Syrian War Crimes Accountability Act of 2015

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