T r a n si t i o na l j us t ice o p t i o n s fo r Zi m ba bw e: a g u i d e to k e y co n cep t s • • • • Building the institutional integrity of the sector to discourage abuses and increase responsiveness; Promoting the legitimacy of the sector to overcome the fundamental crisis of trust characteristic of a situation marked by a legacy of serious abuse; Empowering all citizens, especially victims of oppression and violence and other marginalised groups; and Enhancing coherence with other transitional-justice approaches such as criminal prosecutions, truth-telling and reparations, to increase the effectiveness of each of these measures. International law This is the body of rules that nations recognise as being binding on their relations with one another. Sources of international law include treaties, customs, general principles of law, the resolutions and declarations of international organisations on issues of equity, and the writings of judges and legal scholars.31 Among other inter-governmental organisations, Zimbabwe is a member of the Southern African Development Community, the African Union and the UN. Memorials As a key aspect of transitional justice, memorials can take many forms. They can help to preserve public memory of victims and raise moral awareness about past human-rights violations in order to prevent their recurrence. Memorials have become a means of reclaiming the histories of the oppressed, and of honouring those that have died or have been victimised during times of conflict.32 Memorials are important especially in poverty-stricken countries, and in instances where many lives were lost, where there are never sufficient resources for financial reparations to be meaningful. The design of memorials should include civic participation, taking into account the opinions and ideas of victims, their families and civil society organisations, while at the same time displaying great sensitivity towards local culture and values. Prosecution Prosecution includes judicial investigations and the punishment of those responsible for human-rights violations. States can create specific legal mechanisms to address past violations based on domestic and international standards. This promotes stability, the rule of law and democracy, and it subjects certain conduct to universal condemnation. Prosecution 33 can also serve as a deterrent, because potential future perpetrators may be less likely to commit atrocities if they are aware of the consequences. In order for prosecution to serve this purpose, there must be equality before the courts, and the judiciary must be seen to be impartial and independent. Also, the state must protect witnesses, their family members and others who may be harmed as a result of their cooperation with investigations and prosecutions. Prosecution is one way to ensure accountability (see above). Reconciliation Where violent conflict has divided a nation, reconciliation is the process through which individuals learn to trust one another as citizens again and try to live together harmoniously as equal citizens.34 Reconciliation usually involves an element of forgiveness on both sides and therefore cannot be forced on people. Like healing, reconciliation is often a slow process – it can take time to deal with the past. True reconciliation is hard work, and it entails mourning, listening, understanding, healing, acknowledgement and reparations. Managing 31 www.hg.org/international-law.html [Accessed 21 February 2011]. 32 Naidu 2004. 33 Nino 2006. 34 Garkawe 2003:338. 9