Research and Discussion Paper on a TJ Framework for Zimbabwe • • • • • Persecution against any identifiable group or collectively on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court; Enforced disappearance of persons; The crime of apartheid; Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health”. Genocide is also classified as a crime against humanity.24 According to the swisspeace framework, “[for] each society undergoing a Dealing with the Past process decisions need to be made regarding the type of trial best suited to achieving a meaningful and legitimate form of accountability in a given context”.25 National prosecution is the straightforward way of delivering justice. However it is impossible, because of prevailing impunity and the lack of willingness of states to prosecute its own citizens because of crimes against humanity and genocide. Therefore other forms of trials are justified. • • International tribunals: The ICC is a permanent tribunal where the jurisdiction of the Court is limited to the most serious crimes of concern to the international community as a whole. The Court has jurisdiction in accordance with this statute with respect to the following crimes: (a) The crime of genocide; (b) Crimes against humanity; (c) War crimes; (d) The crime of aggression.26 Before this permanent court was established, the UN Security Council applying Chapter VII of the UN Charter27 has establishes several ad hoc tribunals. The Nuremberg military tribunal was the first ad hoc tribunal. Later, after the ending of the cold war, several ad hoc tribunals had been established to deal with perpetrators who committed crimes against humanity and genocide, e.g. the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) were both created by the UN Security Council.28 Hybrid tribunals: have mixed international and local experts and are usually located in the state to be investigated. In Africa, this was the case in Sierra Leone. It is important to note that this court was established by the UN after the Government of Sierra Leone requested the UN to create a special court to address serious crimes against civilians and UN peacekeepers committed during the country's decade-long (1991-2002) civil war. The court had its seat in Sierra Leone and was funded by voluntary funds.29 24 Art 6, Rome Statute, see also Art 2 of the Convention on the Prevention and Punishment of the Crime of Genocide, adopted by the General Assembly of the United Nations on 9 December 1948; https://treaties.un.org/doc/publication/unts/volume%2078/volume-78-i-1021-english.pdf 25 DwP framework supra note…., 2.2.-the right to justice 26 Art 5, Rome Statute 27 Chapter VII of the UN Charter: action with respect to threats to the peace, breaches of the peace , and acts of aggression; http://www.un.org/en/sections/un-charter/chapter-vii 28 https://www.icrc.org/en/document/ad-hoc-tribunals 29 http://www.rscsl.org/ 15 DRAFT