An interest in the role of transitional justice in the context of counter-terrorism appears to be emerging. In 2020, Prof. Fionnuala Ní Aoláin, the former UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, stated in reference to foreign terrorist fighters that “transitional justice measures where appropriate must be an equal partner in the accountability space, including truth processes, amnesty, reparations, acknowledgment, memorialization, and rehabilitation”. In parallel, the UN Global Counter-Terrorism Strategy encourages Member States when dealing with victims of terrorism to consider “recognition, acknowledgment, remembrance, dignity, respect, reparation, accountability, justice and truth”, reflecting the four pillars of transitional justice. Additionally, a Global Counterterrorism Forum (GCTF) Memorandum recommends States “to consider transitional justice strategies that will help find the truth, provide reparations, address non-recurrence, and facilitate reconciliation between victim communities and the offenders”.
Transitional justice is defined by the UN as “the full range of processes and mechanisms associated with a society’s attempts to come to terms with a legacy of large-scale past abuses, in order to ensure accountability, serve justice and achieve reconciliation”. It is based on four pillars: justice, truth, reparation and guarantees of non-recurrence. Initially implemented in countries transitioning to democracy after years of authoritative regimes and later within post-conflict contexts, transitional justice mechanisms have recently been used by consolidated democracies to address massive human rights violations committed against indigenous populations or during periods of colonisation (e.g. Truth and Reconciliation Commission of Canada and the Special Parliamentary Commission on Belgium’s Colonial Past). Since 2011, the holders of the Special Rapporteurship on the promotion of truth, justice, reparation and guarantees of non-recurrence have dealt with numerous questions relating to transitional justice. On 1 May 2024, a new mandate holder, Prof. Bernard Duhaime, was appointed.
In this webinar, ‘The Role of Transitional Justice in the Context of Counter-Terrorism: Opportunities and Challenges’, the new Special Rapporteur will explain his approach to the mandate and his areas of interest for the years to come. Afterwards, a panel of counter-terrorism experts will examine the relevance of transitional justice for counter-terrorism. Questions addressed will include: can transitional justice mechanisms be used within (counter) terrorism contexts? In what ways can transitional justice and (counter) terrorism frameworks coexist? What are the challenges and limitations of this relationship?
Date: 29 October 2024
Time: 15:00 – 16:30 CET
Speakers:
Moderator:
