29 March 2023

Justice in times of war

Delivering justice in times of war and armed conflict, whether aggression committed between states or civil wars within populations within a territory, represents a considerable challenge. How can access to justice and the essential missions of the public justice service be maintained in a territory under bombing? How can we go into the field, in contact with the victimized populations, often refugees in other states, to collect their testimonies and document the abuses committed? How do the various actors involved—magistrates, investigators, NGOs, and lawyers—work to help fight impunity and prosecute the perpetrators of war crimes and crimes against humanity? What reparation measures, collective or individual, can be ordered for the victims?

Recent conflicts, whether in Ukraine, Colombia or the Central African Republic, show that increasingly, delivering justice requires the coordination of different levels of investigation: at the national level, at the regional level, and at the international level (International Criminal Court, special tribunals such as those set up in Rwanda, Kosovo, Cambodia, etc.).

Furthermore, the courts rule in real time, and not after the end of a conflict, which raises the question of their impartiality and the effectiveness of the rights to be guaranteed to those prosecuted.

How can we ensure that the justice delivered by these courts is not perceived as that of the victors? In countries that have experienced civil war, and where the challenges of reintegrating convicts into the community are also crucial to ensuring the conditions for a return to peace, does transitional justice have a particular role to play?

This year’s Rendez-vous de l’Expertise brought together magistrates, jurists, lawyers and NGOs. Faced with these challenges, they shared with us their day-to-day experiences, the difficulties they encounter in carrying out their missions, their needs, their hopes, and the way in which each of them, at his or her own level, works to ensure that justice is done.

Expertise France projects related to justice systems
Speakers
Introduction
Jérémie Pellet

Managing Director of Expertise France.

Grand angle 1

Wide angle

Nicolas Guillou

International Judge at the Kosovo Specialist Chambers (KSC)

Muriel Ubeda-Saillard

Professor of international law at the University of Lille

Maria Isabel Cubides

Lawyer, member of the Association of Franco-Colombian Jurists

Shoshana Levy

Transitional Justice Expert with the United Nations in Colombia

Olivier Beauvallet

International Judge at the Special Criminal Court of the Central African Republic, Doctor of Law

Didier Gbery

Head of the Gambia office of the International Center for Transitional Justice (ICTJ)

Anna Adamska-Gallant

Expert, PRAVO JUSTICE Project

Grand angle 2

Round Table 2

Nouveau Regard
Franck Leibovici

Artist and author - with Julien Seroussi - of the Muzungu installation

Perspectives
Moderation
Gallagher Fenwick

Moderator

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