Rule of Law and Transitional Justice

Analyzing the International Criminal Court's first cases, this work examines the ICC’s potential to contribute to truth telling in the aftermath of mass atrocities. The book assesses whether ICC proceedings altogether can serve the victim's right to truth better than thus far acknowledged, and provides insight on why this has not yet been the case. In an innovative and thought provoking manner, the work goes beyond legalistic definitions of the notion of truth towards more traditional transitional justice narratives, breaking down the concept of truth according to the framework provided by the South African Truth and Reconciliation Commissions (SATRC). Specifically, the book analyzes whether and to what extend ICC court proceedings are a viable tool for addressing factual or forensic aspects of the truth, narrative and personal truths, social and dialogue truths, and healing and restorative truths that the SATRC considers essential. In particular, the book argues that of all international crimes tribunals, the ICC is more adept than other courts in serving the truth as thus defined. In exposing this argument, the book looks at both procedural and substantive elements of ICC proceedings, and elaborates on how these elements interplay to create a narrative of mass atrocity events. The study uses the proceedings related to the Democratic Republic of the Congo situation as a test for ICC narratives’ viability to contribute to truth telling and fact-finding in the Ituri region.

Federica Da€?Alessandra is a Carr Center for Human Rights Policy Fellow with the Transitional Justice Program at the John Fitzgerald Kennedy School of Government, Harvard University. She manages the Carr Centera€?s Transitional Justice Seminar Series. Her research focuses on the rule of law in conflict and post-conflict situations, peacekeeping, civilian protection, and mass atrocity prevention. She has published widely on these and related areas. Apart from her academic pursuits, Da€?Alessandra has been and remains involved in practical policy work. She currently serves as Human Rights and Communication Officer for the Human Rights Law Working Group, sub-Committee of the Rule of Law Action Group of the International Bar Association. With the Public International Law & Policy Group (PILPG), she has provided legal assistance and policy analysis on matters related to prosecutions and victima€?s reparations. She has also worked on other pressing issues such as piracy prosecutions, security strategies, and peace negotiations. She has been involved in the establishment of transitional justice mechanisms in Libya, and helped provide advice to the Opposition Coalition at the Syria Geneva II Peace Negotiations. Da€?Alessandra has extensive field experience ranging from East and Central Africa to the Indian sub-continent, where she has worked as a freelancer, and with many development and humanitarian organizations. In Somalia, she investigated war crimes and advised on the establishment of transitional justice mechanisms; in the Democratic Republic of the Congo, Uganda, and Rwanda, she conducted research on war crimes and other human rights violations; she also conducted research on the impact of the International Criminal Courta€?s proceedings on the region. Da€?Alessandra is a graduate of the Universities of Milan, Amsterdam, Utrecht, and Paris-Sorbonne. She holds degrees in Law, Criminology, Conflict and Development Studies, and International Relations.