1 March, 2017
Supporting our partners in search of justice
International Human Rights Programme / Partner story
Photo: © William Meyer
At the end of World War II, allied powers prosecuted those most responsible for Nazi atrocities. That effort was borne from a simple truth articulated by judges of the Nuremburg Tribunal when they commented, “Crimes are committed by men, not by abstract entities. It is only by punishing individuals who commit such crimes can international law be enforced”. More than 70 years later, the international human rights movement works to give meaning to that dictum – to hold perpetrators to account and provide victims with the redress to which they are entitled.
“Crimes are committed by men; not by abstract entities. It is only by punishing individuals who commit such crime can international law be enforced.”
– Judges of the Nuremberg Tribunal
Oak supports those efforts through its International Human Rights Programme. The road to justice can, however, be long and strewn with obstacles. This is especially the case when prosecuting international crimes. Here the legacy of past abuses, compounded by weak local capacity, renders justice elusive.
Too often, a threshold difficulty lies in simply deciding where to prosecute. While national courts are generally preferable, they are not always possible. For this reason, international courts, hybrid tribunals (i.e., a mix of national and international) and foreign courts exercising universal jurisdiction all play a role in closing
The cases highlighted below illustrate that crucial mix: the national, regional and international dimensions to the search for justice.
National Court (Argentina)
In May 2016, a court in Argentina found that throughout the 1970s and 1980s, governments in Argentina, Uruguay, Bolivia, Chile and Paraguay conspired to hunt down, kidnap and kill political opponents.
The Center for Legal and Social Studies (CELS) in Buenos Aires represented the families of some of its victims.
After years of legal battles, 14 defendants, including the last Argentine dictator, high and mid-ranking Argentine military officials and an Uruguayan army colonel, were found guilty of criminal association, kidnapping and torture and sentenced to prison terms of up to 25 years.
The trial, which spanned over three years and examined the cases of over 100 victims, exposed the scale and brutality of the (previously denied) conspiracy. It also proved instructive in terms of
Forty years after Operation Condor was formally founded and 16 years after the judicial investigation began, this trial delivered closure to grieving relatives and truth for posterity.
Hybrid Tribunal (Senegal)
In May 2016, the former President of Chad, Hissène Habré was sentenced by the Extraordinary African Court (a mixed tribunal established by both the Government of Senegal and the African Union) to
This is a landmark case that represents a number of firsts for international criminal justice. It is the first time a former head of state has been convicted of crimes against humanity by the court of another country based on the principle of universal jurisdiction. This is a significant blow to the defence of “immunity”, which had previously shielded many perpetrators from being held to account. The conviction, moreover, of a former African leader by an African court is all the more significant, given the trenchant criticisms levelled by the African Union against the International Criminal Court for
Oak provided support to over half a dozen organisations engaged in the pursuit of justice for Habré’s victims. The Human Rights Data Analysis Group, the Argentine Forensic Anthropology Team, and the Human Rights Centre at the University of California Berkeley helped construct the evidential basis for prosecution through forensic evidence (identifying places of execution and burial) and statistical techniques to understand the scale of
Habré’s conviction is a testament to the dedication and tireless persistence
International Criminal Court (The Hague)
In an unprecedented move, the International Criminal Court (ICC) in The Hague, the Netherlands used its war crimes jurisdiction to prosecute Ahmed Al Mahdi (an Al-
In framing its groundbreaking case, the ICC relied on a new digital tool developed by Situ Research. The interactive digital platform – which was developed in collaboration with the ICC over a four-month period – organises, analyses and presents evidence in visual and compelling ways. Combining geospatial information, historic satellite imagery, photographs, open-source videos and other forms of site documentation, it integrates spatial and visual technologies to exhibit the process of the site’s destruction. At his trial (and presumably in recognition
Situ Research’s tool has transformed the way in which spatial evidence is presented in a courtroom. More broadly, the case will develop the legal framework for the global protection of cultural patrimony. In presenting the case, the ICC Chief Prosecutor noted the serious threat to cultural heritage from extremist groups, including ISIS. “History,” she warned, “will not be generous to our failure to care.”
Oak Foundation would like to thank these outstanding organisations for their extraordinary contribution to justice. Their efforts have helped uncover the truth, hold individuals to account and develop the legal framework for the prosecution of international crimes. As all these grantees will concede, the pursuit of justice is often slow, long and arduous. We are proud to have accompanied them on their inspirational and momentous journeys.
Justice beyond the courtroom
In one of the most traumatic chapters of Argentina’s military dictatorship, an estimated 500 babies were taken away from young parents who were made “to disappear” by the authorities. These children were adopted by families sympathetic to the
The legacy of the ‘Dirty War’ is still being felt by many. While the recent trials are a part of Argentina’s attempt to reconcile with the past and live with its consequences, the search for truth remains focused on the several hundred stolen babies that have yet to be accounted for. EAAF assists families in this painful process and, in doing so, informs the public memory and builds a collective consciousness which guards against future abuse.