be complied with. For example, the new state will have to prosecute and punish the perpetrators of
abuses when these abuses can be determined to have been criminal in nature.
Secondly, all violations that remain shrouded in secrecy should be investigated and the truth be
disclosed to the victims of injustice, to their relatives, and to society.
Thirdly, reparations will have to be granted to victims in a manner that recognizes their worth and their
dignity as human beings. Monetary compensation is certainly a part of this duty, but the obligation
should also be perceived as including non-monetary gestures that acknowledge the harm done to them.
The form that these remedies will take depends on the circumstances of the violation, the kind of harm
caused, and the circumstances and needs of the victims. Other responses from the State can also be
considered as part of an overall remedy, such as public or private apologies from the authorities,
disciplinary procedures for those individually responsible and measures to remember the deceased
Lastly, any new government should see to it that those who have committed human rights crimes are
held accountable. Moreover, those found culpable while they were or are still serving in any capacity in
the armed or security forces of the state should not be allowed to continue the roles of reconstituted,
democratic law enforcement or security related societies.
What remains important for Zimbabwe is that any accountability measures for past human rights
violations are legitimate. This should be through an open, democratic debate that includes consultation
with and participation of the relevant stakeholders and full transparency of decisions. Second,
transitional justice mechanisms should be contemplated in as comprehensive and holistic an approach
as possible. This is not only because there will always be an “impunity gap”, meaning that many cases
of abuse will not be resolved by trials, thus generating the need for a broader treatment of the universe of
violations. It is also because the emerging principles in international law establish that the obligations
of the State are four-fold: to prosecute perpetrators, to unearth the truth, to offer reparations to victims,
and to reform abusive public institutions. While there is need to recognize the inherently inconclusive
nature of justice, a holistic, balanced, comprehensive approach to transitional justice, placing similar
emphasis on each of the four obligations, can at least temper this inconclusive nature.
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Anti-Impunity Report
Select target paragraph3
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