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Justice & Accountability

THEMATIC AREAS

Justice & Accountability

1. Criminal Prosecutions
  • Prosecutorial initiatives must be underpinned by a clear political commitment to accountability that understands the complex goals involved.
  • Initiatives should have a clear strategy that addresses the challenges of a large universe of cases, many suspects, limited resources and competing demands.
  • Initiatives should be endowed with the necessary capacity and technical ability to investigate and prosecute the crimes in question, understanding their complexity and the need for specialized approaches.
  • Initiatives should pay particular attention to victims, ensuring (as far as possible) their meaningful participation, and provide adequate protection of witnesses.
  • Initiatives should be executed with a clear understanding of the applicable law and an appreciation of trial management skills, as well as a strong commitment to due process.
2. Amnesties must have strict guidelines
  • While acknowledging the role of amnesties in persuading perpetrators to cooperate, these must not apply to perpetrators of international crimes, crimes against humanity, murders and sexually related crimes.
  • Where recommendations are considered, extreme caution must be exercised. The process must not end up benefitting perpetrators at the expense of the victims.
  • Past amnesties granted to perpetrators of serious violations must be subjected to judicial review.
  • Whatever principles are adopted on amnesties must be acceptable to stakeholders especially the victims
3. Universal Jurisdiction
  • Universal jurisdiction must be applied solely to the nature of the crime, rather than the place of crime or nationality of the perpetrators
  • Universal jurisdiction must be considered as a basis for seeking the extradition of persons accused of committing serious international crimes
  • In the absence of national legislation, universal jurisdiction must be relied on
  • The state must uphold its obligation to support accountability based on its duty to prosecute or extradite offenders
  • There must be no immunity to accused offenders of serious crimes
  • No statute of limitations must apply to serious crimes under international law
  • Amnesties are inconsistent with state’s obligation to provide criminal accountability under international law
  • No double jeopardy
  • Where local mechanisms cannot be preferred, international mechanisms must used
4. Restorative Justice
  • Justice processes should incorporate restorative approaches in both civil and criminal law and where necessary traditional justice methods.
  • Traditional methods should not recreate courtroom processes and legal rigidities.
  • Community approaches must be preferred where both sides are in agreement for minor violations
5. Civil Litigation
  • National court processes must cooperate with international legal mechanisms. Litigation must not only focus on the state actors or their agencies but must also push for accountability in non-state actors, individuals and corporations.
  • During trials, victims must be prepared adequately before trial. International best practices must be used in working with victims.
  • There must be no prescription for civil claims in grave human rights violation cases.
6. General
  • In both criminal and civil cases, justice and accountability processes must take into account the issue of command responsibility
  • The needs of communities affected by past violations must be addressed given past inequalities
  • Where applicable, traditional justice systems and alternative dispute resolution methods must be promoted
  • The language of justice must be decoded to speak to the needs of affected communities taking into account the context and needs of the communities including issues of social justice
https://www.ntjwg.org.zw/wp-content/uploads/2020/03/justice.jpg
ABOUT USNTJWG

The National Transitional Justice Working Group (NTJWG) is a platform established by forty-six Zimbabwean transitional justice stakeholders to provide the interface between transitional justice stakeholders and the official transitional justice processes in Zimbabwe.

OUR PURPOSEMission Statement

Our Mission is to create an inclusive space for the coordination of transitional justice stakeholders, share experiences; build synergies for comprehensive, accountable, victim-centred and participatory transitional justice processes in Zimbabwe.

GET IN TOUCHNTJWG Social links
View crucial information and updates on our social media platforms.
GET IN TOUCHContact Us
Suite Number 4, Number 1 Raleigh Street, Harare, Zimbabwe
P.O. Box 9077, Harare, Zimbabwe
ABOUT USNTJWG

The National Transitional Justice Working Group (NTJWG) is a platform established by forty-six Zimbabwean transitional justice stakeholders to provide the interface between transitional justice stakeholders and the official transitional justice processes in Zimbabwe.

PURPOSEMission Statement

Our Mission is to create an inclusive space for the coordination of transitional justice stakeholders, share experiences; build synergies for comprehensive, accountable, victim-centred and participatory transitional justice processes in Zimbabwe.

GET IN TOUCHNTJWG Social links
View crucial information and updates on our social media platforms.
GET IN TOUCHContact Us
Suite Number 4, Number 1 Raleigh Street, Harare, Zimbabwe
P.O. Box 9077, Harare, Zimbabwe

© Copyright 2020 NTJWG. All Rights Reserved

© Copyright 2020 NTJWG. All Rights Reserved