Transitional Justice and Peacebuilding on the Ground: Victims and Ex-Combatants (Law, Conflict and International Relations) (41 page)

13
 Stovel and Valiñas, “Restorative justice after mass violence,” op. cit., pp. 4–7, both explicate and critique this perspective.

14
 Interview with anonymous Sierra Leonean official, 13 July 2011.

15
 See generally Humphrey, “From victim to victimhood,” op. cit.

16
 Stovel and Valiñas, “Restorative justice after mass violence,” op. cit., p. 15; Susan Thomson, “Reeducation for reconciliation,” in Scott Straus and Lars Waldorf, eds,
Remaking Rwanda: State building and human rights after mass violence
(Madison: University of Wisconsin Press, 2011), pp. 331–39.

17
 Chandra Lekha Sriram and Johanna Herman, “DDR and transitional justice: Bridging the divide?”
Journal of Conflict, Security, and Development
, vol. 9, no. 4 (December 2009), pp. 455–74.

18
 Ibid., pp. 465–66.

19
 Kimberly Theidon, “Transitional subjects: The disarmament, demobilization, and reintegration of former combatants in Colombia,”
International Journal of Transitional Justice
, vol. 1 (2007), pp. 66–90, 73.

20
 United Nations,
Integrated Disarmament, Demobilization, and Reintegration Standards
(2006), module 6.20, available at <
www.unddr.org/iddrs/06/20.php
>, accessed 19 August 2011.

21
 Theidon, “Transitional subjects,” op. cit., pp. 79–80, 83.

22
 Janet McKnight, “Child soldiers in Africa: A global approach to human rights protection, enforcement, and post-conflict reintegration,”
African Journal of International and Comparative Law
, vol. 18 (2010), pp. 113–42; Susan McKay, “Reconstructing fragile lives: Girls’ social reintegration in northern Uganda and Sierra Leone,”
Gender and Development
, vol. 12, no. 3 (2004), pp. 19–30.

23
 Martha Minow,
Between Vengeance and Forgiveness: Facing history after genocide and mass atrocity
(Boston: Beacon Press, 1998); Adam Kochanski, “Transitional justice as liberal peacebuilding: Panacea or false promise?” in Carla Suarez, ed.,
Security and Conflict: Evolving theory and practice
(Halifax: Centre for Foreign Policy Studies, 2011).

24
 Compare Mark Osiel,
Mass Atrocity, Collective Memory, and the Law
(New Brunswick, NJ: Transaction Books, 1999); Jaime Malamud-Goti,
Game Without End: State terror and the politics of justice
(Norman, OK: University of Oklahoma Press, 1996); Humphrey, “From victim to victimhood,” op. cit., p. 181.

25
 For a discussion of the problem of externalization of justice, see Chandra Lekha Sriram and Brad R. Roth, “Externalization of justice: What does it mean and what is at stake?” and Sriram, “Universal jurisdiction: Problems and prospects of externalizing justice,” both in
Finnish Yearbook of International Law
, vol. XII (2001), pp. 3–6 and 47–70. On the need for international criminal justice to serve expressive functions, and its shortcomings in this regard, see Jaya Ramji-Nogales, “Designing bespoke transitional justice: A pluralist process approach,”
Michigan Journal of International Law
, vol. 32 (2010–11), pp. 8–11.

26
 Theidon, “Transitional subjects,” op. cit., pp. 89–90.

27
 Ramji-Nogales, “Designing bespoke transitional justice,” op. cit., pp. 13–18.

28
 Beth Dougherty, “Right-sizing international criminal justice: The hybrid experiment at the Special Court for Sierra Leone,”
International Affairs
, vol. 80, no. 1 (2004), pp. 311–28; compare Chandra Lekha Sriram, “Wrong-sizing international justice? The hybrid tribunal in Sierra Leone,”
Fordham International Law Journal
, vol. 29, no. 3 (2006), pp. 472–506.

29
 Priscilla Hayner,
Unspeakable Truths: Confronting state terror and atrocity
(London: Routledge 2001); Kochanski, “Transitional justice as liberal peacebuilding,” op. cit., p. 12.

30
 Humphrey, “From victim to victimhood,” op. cit., p. 176; Stovel and Valiñas, “Restorative justice after mass violence,” op. cit., p. 14; on the inherent tensions in the range of goals ascribed to transitional justice institutions, see Bronwyn Anne Leebaw, “The irreconcilable goals of transitional justice,”
Human Rights Quarterly
, vol. 30, no. 1 (2008), pp. 95–118.

31
 Llewellyn, “Restorative justice and peacebuilding in post-conflict societies,” op. cit., pp. 13–15.

32
 Proscovia Svärd, “The international community and post-war reconciliation in Africa: A case study of the Sierra Leone Truth and Reconciliation Commission” (no date), p. 37, available at <
www.ajol.info/index.php/ajcr/article/viewFile/59306/47604
>.

33
 Sriram, “(Re)building the rule of law in Sierra Leone” op. cit.; interview with Peter Viner, Programme Manager, Justice Sector Development Programme, Freetown, 18 July
2011; interview with Simeon M. K. Koroma, Director, Timap for Justice, 20 July 2011.

34
 Mark A. Drumbl,
Atrocity, Punishment, and International Law
(Cambridge: Cambridge University Press, 2007), pp. 94–97.

35
 Stovel and Valiñas, “Restorative justice after mass violence,” op. cit., p. 31. Reintegrative shaming is said to be effective in more “traditional” communitarian societies. See John Braithwaite,
Crime, Shame, and Reintegration
(New York: Cambridge University Press, 1989).

36
 Sriram, “(Re)building the rule of law in Sierra Leone,” op. cit.

37
 “Sierra Leone” in the country programs database, in the UN DDR Resource Centre, available at <
www.unddr.org
>.

38
 Interview with Ambrose James, Search for Common Ground, 21 July 2011. Numerous interviews not for attribution, Freetown, July 2011.

39
 Williamson, “The disarmament, demobilization, and reintegration of child soldiers: Social and psychological transformation in Sierra Leone,”
Intervention
, vol. 4, no. 3 (2006), p. 198.

40
 Interview with Alfred Carew, National Forum for Human Rights, 9 July 2011; interview with Professor Ibrahim Abdullah, Fourah Bay College, University of Sierra Leone, 13 July 2011; interview with James; interview with Ibrahim Tommy, Executive Director, Centre for Accountability and Rule of Law, 13 July 2011; interview with King; author’s interview with anonymous NGO expert, 18 July 2011.

41
 Interview with Abdullah.

42
 Megan MacKenzie, “Securitization and desecuritization: Female soldiers and the reconstruction of women in post-conflict Sierra Leone,”
Security Studies
, vol. 18, no. 2 (2009), pp. 241–61; interview with Aisha Fofana Ibrahim, Director, Institute for Gender Research, Fourah Bay College, University of Sierra Leone, 21 July 2011.

43
 Author’s interview with Valnora Edwin and Bernadette French, Campaign for Good Governance (14 July 2011); both noted that DDR grants were paid right at the time of demobilization, allowing former combatants to start small businesses, while victims, many of whom lost homes, breadwinners for the family, or the physical capacity for many jobs, waited to receive reparations.

44
 Danny Hoffman, “The civilian target in Sierra Leone and Liberia: Political power, military strategy, and humanitarian intervention,”
African Affairs
, vol. 103, no. 411 (2004), pp. 211–26.

45
 Interview with Simeon Koroma.

46
 Stovel and Valiñas, “Restorative justice after mass violence,” op. cit., p. 17; Laura Stovel, “Two faces of reconciliation: The case of post-war Sierra Leone” (2006), p. 1, available at <
www.global.wisc.edu/reconciliation/
>.

47
 John Williamson, “The disarmament, demobilization, and reintegration of child soldiers,” op. cit., pp. 185–205, 190.

48
 Williamson, “The disarmament, demobilization, and reintegration of child soldiers,” op. cit., p. 188.

49
 Christopher B. Dyck, “Football and post-war reintegration: Exploring the role of sport in DDR processes in Sierra Leone,”
Third World Quarterly
, vol. 32, no. 3 (2011), pp. 395–415.

50
 Ibid., p. 189.

51
 Ibid., pp. 192–93.

52
 Ibid., p. 195; Stovel and Valiñas, “Restorative justice after mass violence,” op. cit., pp. 8–11.

53
 Stovel and Valiñas, “Restorative justice after mass violence,” op. cit., pp. 17–18; Erin K. Baines, “The haunting of Alice: Local approaches to justice and reconciliation in Northern Uganda,”
The International Journal of Transitional Justice
, vol. 1, no. 1 (2007), pp. 91–114; Victor Igreja, “The politics of peace, justice, and healing in post-war Mozambique: ‘Practices of rupture’ by
Magamba
spirits and healers in Gorongosa,” in
Chandra Lekha Sriram and Suren Pillay, eds,
Peace Versus Justice: The dilemma of transitional justice in Africa
(Durban: University of KwaZulu Natal Press, 2009 and Oxford: James Currey, 2010), pp. 277–300.

54
 See Williamson, “The disarmament, demobilization, and reintegration of child soldiers,” op. cit., p. 196; Christian Children’s Fund claims to have reintegrated 1,000 former girl soldiers through such processes.

55
 McKay, “Reconstructing fragile lives,” op. cit., p. 23.

56
 
Fambul Tok: Community healing in Sierra Leone. Our first year
and
Fambul Tok International: Community healing in Sierra Leone and the world. Our second year
(reports from 2009 and 2010, on file with author).

57
 Interview with John Caulker, Fambul Tok, 14 July 2011.

58
 Interview with Tommy. Stovel and Valiñas, “Restorative justice after mass violence,” op. cit., p. 17; compare Elisabeth Hoffman, “Reconciliation in Sierra Leone: Local processes yield global lessons,”
Fletcher Forum of World Affairs
, vol. 32 (2008), pp. 129–41.

59
 Stovel and Valiñas, “Restorative justice after mass violence,” op. cit., pp. 12, 15.

60
 Sierra Leone Truth and Reconciliation Commission,
Witness to Truth
(2004), vol. 3B,
chapter 7
, para. 62; Stovel and Valiñas, “Restorative justice after mass violence,” op. cit., p. 18.

61
 Joe A. D. Alie, “Reconciliation and traditional justice: Tradition-based practices of the Kpaa Mende in Sierra Leone,” in Luc Huyse and Mark Salter, eds,
Traditional Justice and Reconciliation after Violent Conflict: Learning from African experiences
(Stockholm: International Idea, 2008). See also Paul Richards, Khadija Bah, and James Vincent, “Social capital and survival: Prospects for community-driven development in post-conflict Sierra Leone,”
Social Development Papers
, No. 12 (World Bank, April 2004). Interviews in Freetown, not for attribution, July 2011.

62
 Richard Fanthorpe, “On the limits of liberal peace: Chiefs and democratic decentralization in post-war Sierra Leone,”
African Affairs
, vol. 105, no. 418 (2005), pp. 27–49.

63
 Sierra Leone Truth and Reconciliation Commission,
Witness to Truth
(2004). Interview with Bockarie Enssah, Civitan International, 12 July 2011.

64
 Stovel, “Two faces of reconciliation,” op. cit., p. 3.

65
 Sierra Leone Truth and Reconciliation Commission,
Witness to Truth
(2004), available at <
www.sierra-leone.org/TRCDocuments.html
>, accessed 8 August 2011.

66
 Interview with Ibrahim Tommy.

67
 Ramji-Nogales, “Designing bespoke transitional justice,” op. cit., p. 52. See also Rosalind Shaw, “Rethinking truth and reconciliation commissions: Lessons from Sierra Leone,”
United States Institute of Peace Special Report
, No. 130 (February 2005), available at <
www.usip.org
>.

68
 Interviews in Freetown, not for attribution.

69
 Tim Kelsall, “Truth, lies, ritual: Preliminary reflections on the Truth and Reconciliation Commission in Sierra Leone,”
Human Rights Quarterly
, vol. 27 (2005), pp. 361–91.

70
 Svärd, “The international community and post-war reconciliation in Africa,” op. cit., p. 48.

71
 Special Court Agreement, 2002, Ratification Act, 2002 Supplement to
Sierra Leone Gazette
, vol. CXXX, No. II (7 March 2002); United Nations Security Council Resolution 1315, UN Doc. S/RES/1315 (2000). See generally Abdul Tejan-Cole, “The Special Court for Sierra Leone: Conceptual concerns and alternatives,”
African Human Rights Law Journal
, vol. 1 (2001), pp. 107–26.

72
 Sriram,
Globalizing Justice for Mass Atrocities
, op. cit., pp. 94–110; interview with Ambrose James, Search for Common Ground, 21 July 2011; interview with King.

73
 A notable exception would be a specific group of victims—those who also passed through the court’s Victims and Witnesses Section—who received medical and psychological assistance, protection, and in some cases resettlement in the country,
region, or elsewhere in the world. Interview with Saleem Vahidy, Chief of Witnesses and Victims Section, Special Court for Sierra Leone, 14 July 2011.

74
 Sriram, “Wrong-sizing international justice?” op. cit.

75
 Jessica Lincoln,
Transitional Justice, Peace and Accountability: Outreach and the role of international courts after conflict
(London: Routledge, 2011).

76
 Interview with Edwin and French. Simeon Koroma makes a similar point.

77
 Interview with Heike Niebergall, International Organization for Migration, 7 July 2011; interview with Amadou Bangura, NaCSA Reparations Program Officer, 15 July 2011. Estimates vary. See Charles Chernor Jalloh, “Special Court for Sierra Leone: Achieving justice?”
Michigan Journal of International Law
, vol. 32 (Spring 2011), pp. 395–460.

78
 Interview with Edwin and French. King noted the perspective of victims that, at the court, the focus was on the perpetrators.