Negotiating Justice: A Guide For Mediators

Guide for Global Mediators

This gem of a guide/report is written by Priscilla Hayner, Director of the ICTJ Program on Peace and Justice and part of the HD Centre’s “Negotiating Justice: Strategies for tackling issues in peace processes”.

This report will serve the global mediator well. A major topic covered includes the very important, and ever increasing issue of when dealing with international peace talks, how to handle amnesty dilemmas. The issue is brought up to show that it is not as simple being ‘peace versus justice’ but more complex. Also, framing it in such a way limits options (remember- expanding the pie).

Chapter one deals with framing the questions of justice and how it can be focused on two dinstinct goals. First being, “justice mesaures might seek accountabilty for abuses of the past, which may be done through both judicial and non-judicial means. Second, a justice policy may strengthen instituations or laws to prevent abuses in the future. Additionally, conflict can be approached by asking the following four questions:

1. • What has been the nature of the abuses in the conflict
   • What demands for accountability may arise, and from whom?
   • Who is well placed to offer policy options?
   • What are the options for justice? And what should be done inside the peace negotiations to address these?

Chapter two goes onto discuss recent experiences of peace agreements and how the issue of justice is included. In regards to implementation, it is noted the more the steps are explicit and a timeline is included, the greater the chance of the measures being carried out. A list of criteria is given to consider when designing peace agreements.

The report then goes into the detailed process of who to include in the peace process and the various levels of involvement each party can play. This chapter, and the report as a whole, has a substantial impact on those in the global mediation field who read this because not only does it give structural tips on how to handle the broad spectrum on agreements, but it also includes specific, real examples of them being used in various settings around the globe.

The next two chapters deal with the issue of amnesty and and the role of the International Criminal Court (ICC). Although the mediator is a neutral party to the talks, almost always the issue of amnesty will be raised, so it is imeperative to know the international laws regarding it, and recent situations involving this sensitive topic. The ICC can play a pivotal role in the direction of a peace agreement. An appropriate example is the recent arrest warrant it issued to Sudanese President Bashir on five counts of crimes against humanity and two counts of war crimes.

For only 24 pages, this report has a wealth of imformation. It conlcudes with a section on emerging lessons and best practices making this report a good addition to the stack of reference books for any global mediator.

Read the report [here]

                       

Jeff Thompson

Jeff Thompson, Ph.D., is a professor at Lipscomb University, researcher, mediator, and trainer. He is also involved in crisis and hostage negotiation as well as a law enforcement detective. His research includes law enforcement crisis and hostage negotiation in terrorist incidents. He received his doctorate from Griffith University Law School… MORE >