Finally, and in the background so to speak, depending on the reality of developments, there would be international and foreign fora operating on the basis of treaties, customary international law and the principles of extra-territorial and universal jurisdiction to deal with any of the main culprits who may have tried to escape culpability one way or another, including moving abroad. Naturally, this simple model is no more than just that - a starting point for detailed and specific explorations within the framework of the numerous issues raised at the symposium and elsewhere. In addition to the concerns already mentioned there are others, which will directly impact on the relationship amongst these different potential ‘justice organs.’ For example, because of the fundamental legal principle against self-incrimination, how does one get perpetrators to ‘confess’ to a TJRC if what they say is thereafter going to be used in evidence in criminal prosecutions? Yet another difficulty relates to the actual identification of perpetrators where the state has used terrorist gangs of ‘warveterans’ and the youth militias, especially where these have been brought into communities from other areas precisely to disguise who they are, giving rise to the potentially complicated evidentiary issue of command responsibility. Experience also shows that it is not a straightforward matter to invoke the principles of extraterritorial and universal jurisdiction, and to enforce international criminal law, given the continued existence (although the number is steadily shrinking) of states offering safe-havens. 7. THE FUTURE: SOME ISSUES For many years Zimbabwe civil society and international NGOs have not only tried to document the gross and systematic human rights violations that have occurred, but they have striven to publicize them nationally and internationally, and to go further: to analyze the reasons for the violations and the fundamental structural and other weaknesses in the legal system, the body politic and the institutions of Government and administration generally, and to propose solutions and reforms. The current crisis itself, in part grew out of civil society’s efforts to galvanize 25

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