1.0 Justice and Accountability 1. Criminal Prosecutions a. Prosecutorial initiatives must be underpinned by a clear political commitment to accountability that understands the complex goals involved. b. c. d. e. Initiatives should have a clear strategy that addresses the challenges of a large universe of cases, many suspects, limited resources and competing demands. Initiatives should be endowed with the necessary capacity and technical ability to investigate and prosecute the crimes in question, understanding their complexity and the need for specialized approaches. Initiatives should pay particular attention to victims, ensuring (as far as possible) their meaningful participation, and provide adequate protection of witnesses. Initiatives should be executed with a clear understanding of the applicable law and an appreciation of trial management skills, as well as a strong commitment to due process. 2. Amnesties must have strict guidelines a. While acknowledging the role of amnesties in persuading perpetrators to cooperate, these must not apply to perpetrators of international crimes, crimes against humanity, murders and sexually related crimes. b. W here recommendations are considered, extreme caution must be exercised. The process must not end up benefitting perpetrators at the expense of the victims. c. Past amnesties g ranted to perpetrators of serious violations must be subjected to judicial review. d. Whatever principles are adopted on amnesties must be acceptable to stakeholders especially the victims. 3. Universal Jurisdiction a. Universal jurisdiction must be applied solely to the nature of the crime, rather than the place of crime or nationality of the perpetrators; b. Universal jurisdiction must be considered as a basis for seeking the extradition of persons accused of committing serious international crimes; c. In the absence of national legislation, universal jurisdiction must be relied on. d. The state must uphold its obligation National Transitional Justice Working Group Zimbabwe 9