cooperate with international legal
mechanisms. Litigation must not only
focus on the state actors or their
agencies but must also push for
accountability in non-state actors,
individuals and corporations.
to support accountability based on
its duty to prosecute or extradite
offenders;
e.
There must be no immunity to
accused offenders of serious crimes;
f.
No statute of limitations must apply
to serious crimes under international
law;
g.
Amnesties are inconsistent with
state's obligation to provide criminal
accountability under international
law;
h.
No double jeopardy;
i.
Where local mechanisms cannot be
preferred, international mechanisms
must used
4. Restorative Justice
a. Justice processes should incorporate
restorative approaches in both civil
a n d c r i m i n a l l aw a n d w h e r e
necessary traditional justice
methods.
b.
Traditional methods should not
recreate courtroom processes and
legal rigidities.
c.
Community approaches must be
preferred where both sides are in
agreement for minor violations
5. Civil Litigation
a. National court processes must
10
b.
During trials, victims must be
prepared adequately before trial.
International best practices must be
used in working with victims.
c.
There must be no prescription for
civil claims in grave human rights
violation cases.
6. General
a. In both criminal and civil cases, justice
and accountability processes must
take into account the issue of
command responsibility;
b.
The needs of communities affected
by past violations must be addressed
given past inequalities;
c.
Where applicable, traditional justice
systems and alternative dispute
resolution methods must be
promoted; and,
d.
The language of justice must be
decoded to speak to the needs of
affected communities taking into
account the context and needs of the
communities including issues of
social justice
Guiding Principles for Transitional Justice Policy and Practice in Zimbabwe
Select target paragraph3
Add to table of contents