New Working Paper Details the Concept and Need for a Global Transitional Justice Process

Our new Working Paper by Professor Olivier de Frouville Towards Global Transitional Justice? discusses the need for – and existing premises – a Global Transitional Justice Process.

Based on his keynote speech at the Geneva Academy 2021 Graduation Ceremony, it introduces this novel concept, its existence in international law albeit in a fragmented landscape, its scope and its means of implementation via legal tools and political processes.

‘We generally think of transitional justice at the national level. However, if humanity can prosecute crimes against humanity through international tribunals, there must also be a concept of global transitional justice, so as to establish the foundations for a better and fairer global society’ explains Professor de Frouville.

A Broad Scope

The paper highlights the emergence of this concept in relation to past genocides, slavery and slave trade, colonialism, gender inequality and violence against women, issues that are high on the international agenda.

‘It is clear though that there is still much selectivity in the way the UN is looking at the past, and this creates some tensions. A more balanced and exhaustive look is therefore needed. To that end, a global transitional justice process would not only mean an ‘international’ or ‘world’ transitional justice process but also a process that would look at all the wrongs, in all regions of the world, rather than being selective in its approach’ says Professor de Frouville.

In his paper, Professor de Frouville also argues that a global transitional justice process should equally aim at bringing accountability and reparation for the crimes humanity perpetrated against the biosphere and the other living, reconciling Humanity with so-called ‘Nature’ so that humans can think of themselves as part of ‘nature’.

Professor Olivier de Frouville at the 2021 Graduation Ceremony

The Need for a Science-Political Platform for Global Transitional Justice

Frouville highlights in his paper the need for scientific knowledge to establish the truth about what happened, how it happened, and what the responsibilities are.

As in truth processes at the domestic level, he also stresses the need for simple people – especially victims or their families – and civil society to participate actively in the process of truth-seeking. The interests of the biosphere and of the non-human living on earth should also be represented in the discussion and have their say

‘The difference here is that we would need a more global effort. This would include, on the one hand, scientists coming from all parts of the world to interact with the aim of establishing accepted historical facts. On the other hand, members from civil society, victims' associations and organizations advocating in favour of the biosphere and the other living on earth would participate in a global debate about past injustices, based on historical facts’ explains De Frouville.

‘Based on this, states would elaborate programmes of action at the global level in order to implement guarantees of non-repetition that would include for instance mutually agreed acknowledgement of historical facts and, why not, a global history textbook, including the history of human groups and their interactions as well as a history of humanity in its relation to ‘Nature’’ he adds.

MORE ON THIS THEMATIC AREA

Smartphone screen News

Aligning Regulations of Business Conduct in the Technology Sector with Human Rights

29 April 2022

A new Research Brief on Regulating Business Conduct in the Technology Sector: Gaps and Ways Forward in Applying the UNGPs depicts the prominent gaps in regulatory approaches to business conduct in the technology sector with regard to the UNGPs.

Read more

Portrait of Charlotte Voley News

MAS in Transitional Justice, Human Rights and the Rule of Law: What our Alumni Say

17 January 2022

Charlotte Volet works as a Programme Officer at Lawyers Without Borders Canada in Québec City, where she contributes to the operationalization of projects in Honduras and Colombia.

Read more

Wheat field Event

UNDROP in the Future EU Seed Marketing Reform: The Perspective of Italy

6 June 2022, 14:00-15:30

This online bilingual workshop, held in English and Italian, aims to raise awareness about the upcoming changes to the European Union (EU) seed marketing legislation and what this reform means in the Italian context.

Read more

Plastic pollution Training

Protecting Human Rights and the Environment

12-16 September 2022

This training course will explore the major international and regional instruments for the promotion of human rights, as well as with their implementation and enforcement mechanisms; and provide practical insights into the different UN human rights mechanisms pertinent to advancing environmental issues and protecting environmental human rights defenders.

Read more

Universal Declaration of Human Rights Project

The Universality of Human Rights: Developing Narratives to Help Overcome Polarization

Started in January 2020

This research aims at taking stock of and contributing to a better understanding of the above-mentioned challenges to the principle of universality of human rights while also questioning their validity. It will identify relevant political and legal arguments and develop counter-narratives that could be instrumental to dealing with and/or overcoming the polarization of negotiations processes at the multilateral level.

Read more

Flyer presenting the Geneva Human Rights Platform with other publications of the Geneva Academy on display Project

GHRP Fridays

Started in January 2019

The GHRP Fridays provide an opportunity for all stakeholders to discuss the results of the United Nations (UN) Treaty Body (TB) 2020 Review and practical ways to implement change.

Read more

Cover of the publication Publication

Regulating business conduct in the technology sector gaps and ways forward in applying the UNGPs

published on April 2022

Ana Beduschi, Isabel Ebert

Read more