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PROGRAM (tentative)
Summer School for Dealing with the Past
12th - 18th July 2005
Kopaonik, Serbia and Montenegro
Tuesday, 12th July
Arrival and registration
Wednesday, 13th July
09:30 - 11:00 Session 1: Overview of Transitional Justice and Dealing with the Past
- Introducing key concepts and mechanisms of transitional justice
- Retributive and restorative justice in post-conflict societies
- Truth, justice, and reconciliation
11:00 - 11:30 Break
11:30 - 13:00 Session 2: Truth-telling Mechanisms
- Why pursue the truth about the past in post-conflict societies?
- Truth commissions
- Civil society mechanisms
13:00 - 14:30 Lunch
14:30 - 16:00 Session 3: Truth-telling in Ex-Yugoslavia • Objections to truth commissions
• The Yugoslav Truth and Reconciliation Commission
• TRC debate in Bosnia and Herzegovina
• Srebrenica Commission
• Civil society projects
16:00 - 16:30 Break 16:30 - 18:00 Session 4: Discussion of Key Concepts and Issues of the Day
Thursday, 14th July
09:30 - 11:00 Session 1: International Criminal Law and the ICTY
- Why was the ICTY established?
- Bases for ICTY jurisdiction
- What body of law does the court apply?
- Substantive crimes: war crimes, crimes against humanity and genocide
- Modes of liability and defences: command responsibility, superior orders
11:00 - 11:30 Break
11:30 - 13:00 Session 2: Domestic War Crimes Trials
- Why prosecute in domestic courts?
- What is the applicable law?
- The problem of ethno-national bias in post-conflict war crimes trials
13:00 - 14:30 Lunch
14:30 - 16:00 Session 3: Domestic War Crimes Trials in Ex-Yugoslavia
- The record to date
- ICTY completion strategy
- Challenges for domestic adjudication
- Civil society initiatives/projects
16:00 - 16:30 Break
16:30 - 18:00 Session 4: Discussion of Key Concepts and Issues of the Day
Friday, 15th July
09:30 - 11:00 Session 1: Reparations
- The right to compensation
- What civil remedies are available for compensating victims?
- Reparation initiatives in post-conflict settings
- Reparations in ex-Yugoslavia
11:00 - 11:30 Break
11:30 - 13:00 Session 2: Legal Reform
- Institutional and legal reform in post-conflict societies
- What are the importance and limits of vetting and lustration?
- Legal reform in ex-Yugoslavia
13:00 - 14:30 Lunch
14:30 - 16:00 Session 3: Restorative Justice in Post-Conflict Societies
• Restorative justice options for dealing with mass atrocity
- Reconciling victims and perpetrators or reconciling communities?
- Participatory processes, memory and dialogue
16:00 - 16:30 Break
16:30 - 18:00 Session 4: Reconciliation in Ex-Yugoslavia?
- What has been done to date?
- Brainstorming
- Discussion of challenges and opportunities
Saturday, 16th July
09:30 - 11:00 Session 1: Srebrenica: Transitional Justice Case Study
- Krstic case (ICTY)
- Report of Republika Srpska
- Civil society action
11:00 - 11:30 Break
11:30 - 13:00 Film Screening
13:00 - 14:30 Lunch
14:30 - 16:00 Debate: Srebrenica and Transitional Justice
• What are the limits of mechanisms employed to date?
• Do they complement each other?
• What other mechanism might be
a) necessary and
b) realistic? 16:00 - 16:30 Break 16:30 - 18:00 Allocation of Roles and Preparation for Simulation Exercise
Sunday, 17th July
Simulation Exercise: Negotiating a Regional Transitional Justice Strategy in the Former Yugoslavia
09:30 - 11:00 Simulation Session 1: Agenda and Statements of Position
11:00 - 11:30 Break
11:30 - 13:00 Simulation Session 2: Negotiations
13:00 - 14:30 Lunch
14:30 - 16:00 Simulation Session 3: Drafting the Strategy and Vote
16:00 - 16:30 Break
16:30 - 18:00 Closing Session: Summer School Follow Up
• Work allocation for completion of course requirements
• Discussion of follow-up opportunities
• Closing remarks
Reception
Monday, 18th July
Departure
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