Prior to the establishment of a permanent international criminal court, in November 1994, the
UN created the International Criminal Tribunal for Rwanda (ICTR) whose mandate was to
prosecute those responsible for the genocide and other serious violations of international
humanitarian law. Since its inception, the ICTR has indicted ninety-two persons and managed
to arrest seventy-eight of them. By May 2009, forty-four cases had been completed and
twenty-four were ongoing (The African Union Series. 2013).
Zimbabwe is not a party to the Rome Statute of ICC, and therefore the chances of
international prosecutions of perpetrators of gross human rights violations before the ICC are
slim unless the United Nations Security Council makes referrals to the Court. This is also
highly unlikely given the possibility of veto power by States in the Security Council such as
Russia and China.
4.6.6 Vetting
Vetting refers to „examining personnel backgrounds during restructuring or recruitment to
eliminate from public service or otherwise sanction abusive and corrupt officials.‟ (ICTJ
2014). It belongs to the group of institutional reforms explained below:
“Institutional reform is the process of reviewing and restructuring state
institutions so that they respect human rights, preserve the rule of law, and
are accountable to their constituents. By incorporating a transitional justice
element, reform efforts can both provide accountability for individual
perpetrators and disable the structures that allowed abuses to occur.”
(ICTJ)
As was seen earlier (Section 4.1 to 4.4), vetting is more commonly applied, than some other
mechanisms, and more frequently during post-transition. There is some variation between
regime types, with vetting more common in countries transitioning from civilian rather than
military regimes, but also, paradoxically, more common in individualized as opposed to
collectively-governed authoritarian regimes. This paradox deserves more research.
Conventional wisdom argues vetting is antecedent to a political transition, such as a regime
change, or a paradigm shift in political setup from civil strife to liberal democracy, or end of
conflict under authoritarian rule, as the case maybe. However, as with other institutional
reform mechanisms in post-transition periods, such as structural reforms, transformation of
legal systems, creation of oversight bodies, demobilization, disarmament and reintegration
and education programs, vetting is possible in pre-transitional states and early transitional
stages.
It is difficult to describe the role of vetting in pre-transitional states. Mainstream literature
and notes from practitioner‟s analyses of the possible aims and justification for vetting are
largely in isolation from other transitional justice measures, such as criminal prosecutions,
truth telling, reparations for victims, and other forms of institutional reform. In trying to
situate vetting in a transitional context, it is important to start with some caveats.
First, there have been plenty of transitions in which no formal vetting procedures, not even of
rule of law institutions, have been established (for example, most of the countries studied in
the previous chapter). Many countries have employed very modest and sector-specific vetting
for example, in South Africa vetting was only limited to the security sector. Thus, it is
important to note that „we should not overstate the importance of vetting in transitions.‟ (De
Greiff, 2008 527)
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