Accountability key to ensuring transitional justice, say int’l law experts
They discussed steps for state reform during times of crisis
International law experts have said it is crucial to create a peaceful environment for all from conflict by maintaining a balance between accountability and overall coordination to ensure transitional justice.
They made these remarks at a seminar jointly organised by the Bangladesh Legal Aid and Services Trust (BLAST) and the South Asian Institute of Advanced Legal and Human Rights Studies, held at the Supreme Court Bar Association auditorium in the capital today (9 January).
At the event, Yasmin Sooka, chair of the UN Commission on Human Rights in South Sudan, presented the interrelationship between amnesty, immunity, accountability, and truth commissions in transitional justice.
Keep updated, follow The Business Standard's Google news channel
She believes that the transitional justice process plays a vital role in addressing historical injustices and ensuring the reconstruction of social structures.
She cited South Africa's transition from apartheid to democracy as an example, highlighting that key challenges in transitional justice include ensuring proper punishment for perpetrators, maintaining the balance between peace and justice, and providing appropriate reparations for victims.
She noted that South Africa's Truth and Reconciliation Commission managed to tackle these challenges effectively.
Carlos Castresana Fernandez, former commissioner of the International Commission against Impunity in Guatemala, shared his experiences, emphasising the need to balance accountability and coordination in order to create a peaceful environment in post-conflict situations.
He said after any coup or upheaval, justice must be pursued in full respect for international obligations and human rights. He referred to the military dictatorships in Argentina and Chile as examples of such situations.
He also stressed that efforts in international courts prove that torture and crimes against humanity can never be exempted from international law.
"If countries are unable to prosecute individuals, they can be tried in other states with universal jurisdiction over such crimes," said Fernandez.
During a question and answer session, the experts discussed international sanctions, economic crimes, geopolitical challenges, and the difficulties in evidence gathering and legal proceedings.
The seminar was chaired by Dr Shamsul Bari, vice chairman of BLAST, and moderated by senior lawyer Sara Hossain.
He said, "There is a need for comparative experience in transitional justice across different countries to learn best practices and avoid potential mistakes in the process of state reform."
Bari highlighted the importance of understanding the role of both the judiciary and civil society in ensuring transitional justice in Bangladesh, based on experiences from South Africa and Latin America.
Key speakers Yasmin Sooka and Carlos Castresana shared their wealth of experience.
Yasmin Sooka has served on the Truth and Reconciliation Commissions of South Africa and Sierra Leone and has been a member of the UN Secretary-General's Panel of Experts on Accountability in the final stages of Sri Lanka's civil war.
Carlos Castresana Fernandez has worked for over 30 years as a lawyer, magistrate, investigating judge, and prosecutor.
