Human Rights and Transitional Justice

ICRC

Transitional justice emerged as a multidisciplinary field of academic inquiry and practical policy-making in the late 1980s in response to political transitions in Argentina and other Latin American countries who were struggling to deal with the aftermath of violent conflict or oppressive rule. Closely related to the theory and practice of international human rights law (IHRL), transitional justice examines how societies that emerge from periods of civil war or oppressive government – like Tunisia, Sri Lanka, Guatemala, Syria or Afghanistan – can deal with the legacy of human rights abuses via practical measures and mechanisms such as criminal prosecutions, truth commissions, reparations and institutional reform, including post-conflict rule of law building.

Descriptive

This online short course aims at unpacking the nature and scope of international human rights law (IHRL) in transitional contexts.

The course starts by laying the foundations of IHRL and maps the human rights law framework of transitional justice, including how human rights institutions and mechanisms at both the United Nations (UN) and regional levels deal with the right to justice, the right to know the truth and the right to reparations. The course will also discuss the prevention dimension of these institutions and mechanisms.

In doing so, the course will address the application of both civil and political rights as well as economic, social and cultural rights in transitional justice processes in order to understand the limits and possibilities that IHRL offers in times of war and repression; to deal with the legacy of mass atrocities; and to help states move towards peace and/or democracy, reconciliation, human rights protection and the establishment of the rule of law.

All sessions are conducted with a global comparative focus and are based on a practice-oriented perspective that tackles experiences and challenges in contemporary contexts.

Online

This short course is offered exclusively online.

Objectives

At the end of the course, participants will be familiar with:

• The foundations of IHRL and its relevance to societies transitioning from armed conflict or authoritarian regimes to a more just, rights-respecting political order
• Relevant international and regional human rights instruments to address transitional justice issue and to provide redress to victims
• The practice and jurisprudence of international and regional human rights bodies and mechanisms in the field of transitional justice
• The ‘core’ rights (to truth, justice, reparation and guarantees of non-recurrence) of the international fight against impunity
• The role of civil and political rights and economic, social and cultural rights in transitional contexts.
• Experiences and challenges in contemporary transitional contexts.

Lecturer

Clara Sandoval is Professor at the School of Law and Human Rights Centre at the University of Essex, and Co-Director of the Essex Transitional Justice Network.

She is recognized internationally as a leading expert in transitional justice and in the Inter-American System of Human Rights.

Audience

This short course forms part of our MAS in Transitional Justice, Human Rights and the Rule of Law (MTJ). It is open to professionals – diplomats, lawyers, legal advisers, judges, NGO staff, human rights advocates, media specialists, professionals working in transitions, UN staff and staff from other international organizations – who are not enrolled in the MTJ and who want to deepen their expertise in this specific issue.

Teaching Modalities

This short course will be conducted online using the ZOOM platform. It will be delivered through interactive seminars where participants will be expected to read the essential reading for the class and to address the guiding questions that are found at the end of the description of each of the sessions.

At times, participants will be divided into groups so as to adopt roles and discuss different legal views about particular transitional justice and human rights law issues such as whether States have an international obligation to investigate, prosecute and punish perpetrators of gross human rights violations.

Schedule

Courses take place on:

• Tuesday 15 September 2020, 13:15 – 16:00
• Wednesday 16 September 2020, 13:15 – 16:00 
• Tuesday 22 September 2020, 13:15 – 16:00
• Wednesday 23 September 2020, 13:15 – 16:00 
• Tuesday 13 October 2020, 13:15 – 16:00
• Wednesday 14 October 2020, 13:15 – 16:00 

Fee

The fee for this short course is 1,250 Swiss Francs. In case of cancellation by the participants, CHF 200 won't be returned.

Certificate

Participants obtain a certificate at the end of the course (no ECTS credits are gained).

How to Apply

Applications for this short course must be submitted via the online form. If you encounter problems with your application, do not hesitate to contact us.

Your application will need to include:

• A short motivation letter (no more than one page)
• Your curriculum vitae
• Proof of your competence in English (a certificate or statement highlighting your solid background in English)

Once admitted to the course, participants receive instructions on how to pay. Proof of payment is required before you begin the course.