08: Law and Justice after Wars
International crisis management has shown that stabilization and political transformation of a post-war society seems to be possible only if an objective minimum of justice has been established one way or another. Since the mid of the 20th century internal armed conflicts with complex procedures of reconciliation, ranging from post war tribunals to traditional rituals have out- weighted “classic warfare”. Civilians were purposefully targeted to a terribly increasing amount, a fact that calls for an adequate development of legal responses as well as the use of local mechanisms for re-establishing war-torn societies.
The seminar will show the development of international tribunals from Nueremberg to Cambodia and The Hague, their differing mandates and challenges and provide the opportunity to discuss the necessity to find legal mechanisms to react to war crimes, crimes against humanity and genocide. It as well will show different local institutions and their interdependence with international law, considering the special situation of different regions. Another part of the program will be dedicated to define the way how institutions should be rebuilt after war and committed atrocities. Finally it is suggested to develop ideas and new concepts to deal with these increasingly complex challenges in order to create conditions for lasting peace and stability. Topics are:
1)Introduction: War crimes, crimes against humanity and genocide. The response of International war tribunals.
2) War and Peace and no Tolstoi around
3) Justice delayed is justice denied. Are international tribunals solving or adding problems for a war-torn country?
4) Rebuilding institutions after a war. Where to start and what to achieve?
5) The country of the hacked-off hands. The problem of child- soldiers.
6) To forget, to forgive,to do justice, to reconcile. Ways for finding a lasting peace.
| |||||
|
Dr. Petar BOJANIC
Director, Center for Ethics, Law and Applied Philosophy, Belgrade
| since 2004 | Institute of Philosophy and Social Science, Belgrade |
| 2005 | Research Fellow, Society for the Humanities, University of Cornell |
| 2006-2008 | Centre for Modern Thought, University of Aberdeen |
| 2009 | Institute of Advanced Studies, University of Bologna |
| 2010 | Birbeck Institute for the Humanities, London |
Mag. Renate WINTER
Judge of the Appeals Chamber, Special Court for Sierra Leone, Freetown; Vice President, UN Committee on the Right of the Child, Geneva
| 1962-1968 | University of Vienna - studies in law and interpretation in French |
| 1967 | Master degrees in Law and Interpretation |
| 1977-1981 | Postgraduate education as judge |
| 1967-1968 | Assistant to the Chief Executive of Rhône-Poulenc Company Department in Vienna |
| 1968-1969 | Supervisor for senior residence homes of the Vienna Chamber of Commerce |
| 1969-1977 | University of Vienna. Language teacher. German for foreigners, |
| 1981 | Appointed Judge at the Vienna Youth Court |
| 1981-1996 | Judge for family and penal affairs (including juveniles and adults), Investigating judge, Sitting judge on penal affairs, President of Chamber of Penal Affairs, President of Juries on Penal Affairs |
| 1996-2000 | Consultant at UNOV (United Nations, Vienna), UN Center for International Crime Prevention (CICP); provided advice to government officials on the implementation of the Convention on the Rights of the Child in, for example, Albania, Bosnia & Herzegovina, Burundi; Estonia, Federation of Republica Srpska, Guatemala, Iran, Lebanon, Lithuania, Nigeria, Rwanda and Senegal; founding member of the Institute for Children's Rights (IDE), which is dedicated to the worldwide training of judicial personnel and dissemination of information on child rights (Sion, Switzerland); drafted model international law on juvenile justice and its commentary; finalized the United Nations Manual on Juvenile Justice; undertook needs assessment missions in various countries; contributed to the implementation of projects on juvenile justice in the Republic of South Africa and Lebanon; developed juvenile justice projects in various countries; Rapporteur at the Council of Europe on Family Mediation; drafted a project to accord the dispositions of the Convention of the Rights of the Child with the Islamic Law in Iran |
| 2000-2002 | Leave of absence from Vienna Youth Court; International Judge of Mitrovica Regional District Court with the United Nations Mission in Kosovo (UNMIK) and Justice at the Supreme Court in Kosovo; member of the Media Appeals Board, President of the Judicial and Prosecutorial Council. As Presiding Judge, Reporting Judge, Investigating Judge or Member of trial panels of first instance courts and for seven months as Supreme Court Judge, handled approximately 90 criminal cases (among them War Crime cases, Genocide cases and cases of Crime Against Humanity) and conducted trials and other criminal proceedings on murders, organized crime, rape, illegal border crossings, ethnic crimes, juvenile crimes and other matters referred by Presidents of first instance Courts and of the Supreme Court, as well as by other International and Local Judges and Prosecutors and by the police. As the Chairwoman of the Judicial and Prosecutorial Council, dealt with disciplinary matters concerning judges and prosecutors and other matters referred to the Council in accordance with its jurisdiction and authority. Organized and chaired numerous workshops with local and international judiciary representatives in order to work towards the reestablishment of the judiciary system in the region. Drafted legal opinions and assisted in the issuance of the appropriate required regulations and amendments to update existing legislation, in order to improve the existing legal framework and promote respect for human rights and fundamental freedoms without any discrimination. Provided legal advice to the UNMIK Department of Justice on legal issues regarding inter ethnic cases. |
| since 2002 | Appointed by the UN Secretary General to the Appeals Chamber of the Special Court of Sierra Leone (Member of the Appeals Chamber) |
| 2008-2010 | Elected President of the Special Court of Sierra Leone, currently member of the Appeals chamber of the SCSL |
