Recent proposals on using transitional justice as a means of stabilising Syria in the aftermath of the eventual fall of the Assad regime - including by providing incentives for loyalists to give up a possible "fight to the death" in Damascus - are a significant development in the debate on Syria.
As someone who deeply believes in the importance of justice as the basis for recovery and sustainable peace in any society confronting a legacy of mass atrocity and repression, such as Syria, the proposals confirm that the concepts of transitional justice have ceased to be seen simply as idealistic and philosophical notions, but are credibly making their way into the politics of peacemaking.
Still, we must proceed with a great deal of caution and examine the preconditions necessary for measures of justice to have their desired effect. What levels of consultation and infrastructure will be needed for justice to have a genuine role in restoring trust between the state and its citizens? What will be needed for victims to feel that justice means something more than a short-term move in the chess game of post-war politics?
It has been rightly noted that all politics are local. The same can be said of transitional justice.
International law has authoritatively established the rights to justice, truth, reparations and non-recurrence for serious human-rights abuse. But how we make these rights a reality in Syria needs careful reflection. If transitional justice is promoted as a shortcut to peace, instead of as a foundation of a new rights-respecting society, it is not likely to succeed.
As Syrian groups and international actors gather as "Friends of Syria" and consider these proposals, it is of paramount importance to be clear about what is meant by transitional justice.
Transitional justice is based on two intertwined principles. Firstly, it is founded on the conceit of taking human rights seriously - victims of serious human rights abuses have a right to justice; transitional justice is premised on accountability, it is not "soft justice" or an alternative to criminal justice.
Secondly, transitional justice is focused on making accountability a reality in particularly difficult circumstances. Massive crimes followed by competing demand for services and limited resources mean that even a well-functioning system of justice will not be able to address all breaches of human rights. The challenge is overwhelming and accompanied by a complex political context, often paired with daunting technical challenges.
The idea that transitional justice somehow implies a form of "soft justice" is still a frequent misunderstanding and was, for example, noticeable among many human-rights activists in Tunisia and other countries in the aftermath of recent revolutions in the region. At the outset, many rejected discussion on transitional justice under the assumption that it advocated blanket amnesties for perpetrators of heinous crimes for the sake of national reconciliation. Anyone proposing such ideas is seriously out of touch with international law and practice over the last 20 years.
International law prohibits amnesty for perpetrators of serious international crimes, such as genocide, crimes against humanity, and torture. Further, if national authorities fail to meet their obligation to investigate such crimes and bring cases to trial, the International Criminal Court has been created to step in to ensure that some degree of justice takes place.
In a country such as Syria that has seen carnage of such tragic proportions - with the United Nations now estimating that about 60,000 have been killed - the most responsible perpetrators must be brought to justice if the society is to move forward on the basis of the rule of law and hope for a sustainable peace.
At the same time, it is important to underline that criminal responsibility is individual and cannot be ascribed to entire groups, political or ethnic, or on the basis of guilt by association. Thus, in a situation where the majority of Alawites are mobilised by a fear of retribution for siding with the Assad government, any proposal for transitional justice measures must clearly communicate that perpetrators will not be judged by their political or ethnic allegiances, but by credible evidence presented in a court of law.
This message is even more significant in view of reports about crimes being committed by the Free Syrian Army. If transitional justice proposals are to have a chance at contributing to sustainable peace in Syria, there must be no victor's justice.
This type of accountability will not be possible without strong and independent judicial institutions that are free of political influence. Serious steps must be taken to reform institutions that either participated in abuses or failed to provide protection against them. Without those measures, all other transitional justice attempts risk withering on the vine.
Trials of Saddam Hussein and his cohorts in Iraq serve as a stark warning of how flawed criminal prosecutions can serve to further inflame wounds inflicted by a murderous regime, instead of healing them, and thus become counterproductive.
With these factors in mind, we need to recognise that not everyone who committed a crime will be prosecuted, given the massive numbers involved. Moreover, despite the importance of prosecuting those most responsible for the most serious crimes, such trials are not necessarily the best vehicle to address social and historical aspects underlying patterns of repression and crime. In some circumstances truth-seeking measures, such as truth commissions, may be a valuable tool in providing a different but effective form of accountability.
At the same time, we need to remember that justice cannot focus solely on perpetrators and retribution if there is to be a comprehensive, long-term recovery of Syrian society. Victims must be recognised and their suffering acknowledged and redressed, including through reparations programmes.
And it is not only about material compensation, as important as it is. Uncovering the truth regarding the disappeared is critical - families must be able to know what happened to their loved ones if they are ever to be able to genuinely participate in the national reconciliation. Measures of reparation that reflect an acknowledgement of the harm done can take various forms but should be focused on the victims and the communities that suffered that harm, recognising their dignity as rights-bearers, and not as recipients of charitable largesse.
All these measures, applied in a comprehensive manner, constitute transitional justice and examples of their application (to varying degrees of success) can indeed be found in countries such as South Africa, but also Argentina, Chile, Germany and many others.
However, it would be dangerous to think of models applied in these countries as something to simply replicate in Syria. There are lessons that we have learnt over time from various successful and less successful attempts to employ transitional justice measures, but there is no "one-fits-all" model. Syria will have to find its own way.
In this respect, proper consultation at the national level, especially with those most affected by decades of abuse, is of paramount importance for any credible transitional justice process.
The promise of transitional justice is that peace will be more than the end of hostilities; that the causes and consequences of war are going to be squarely faced and dealt with, to foster a more peaceful society. For that reason it is heartening to see that its mechanisms are being considered as a tool that could help bring peace to Syria.
There are few who are more committed to seeing transitional justice measures applied on the ground than those of us who have been working in this field and advocating the application of its solutions. But, let us be aware that transitional justice is not a magic wand, any more than it is an alternative to "traditional" justice.
David Tolbert is the president of the International Centre for Transitional Justice
Online: ictj.org
MATCH INFO
Manchester City 4 (Gundogan 8' (P), Bernardo Silva 19', Jesus 72', 75')
Fulham 0
Red cards: Tim Ream (Fulham)
Man of the Match: Gabriel Jesus (Manchester City)
DEADPOOL & WOLVERINE
Starring: Ryan Reynolds, Hugh Jackman, Emma Corrin
Director: Shawn Levy
Rating: 3/5
COMPANY PROFILE
Name: Xpanceo
Started: 2018
Founders: Roman Axelrod, Valentyn Volkov
Based: Dubai, UAE
Industry: Smart contact lenses, augmented/virtual reality
Funding: $40 million
Investor: Opportunity Venture (Asia)
The biog
From: Upper Egypt
Age: 78
Family: a daughter in Egypt; a son in Dubai and his wife, Nabila
Favourite Abu Dhabi activity: walking near to Emirates Palace
Favourite building in Abu Dhabi: Emirates Palace
ROUTE TO TITLE
Round 1: Beat Leolia Jeanjean 6-1, 6-2
Round 2: Beat Naomi Osaka 7-6, 1-6, 7-5
Round 3: Beat Marie Bouzkova 6-4, 6-2
Round 4: Beat Anastasia Potapova 6-0, 6-0
Quarter-final: Beat Marketa Vondrousova 6-0, 6-2
Semi-final: Beat Coco Gauff 6-2, 6-4
Final: Beat Jasmine Paolini 6-2, 6-2
Tomb Raider I–III Remastered
Developer: Aspyr
Publisher: Aspyr
Console: Nintendo Switch, PlayStation 4&5, PC and Xbox series X/S
Rating: 3/5
Islamic Architecture: A World History
Author: Eric Broug
Publisher: Thames & Hudson
Pages: 336
Available: September
WWE Evolution results
- Trish Stratus and Lita beat Alicia Fox and Mickie James in a tag match
- Nia Jax won a battle royal, eliminating Ember Moon last to win
- Toni Storm beat Io Shirai to win the Mae Young Classic
- Natalya, Sasha Banks and Bayley beat The Riott Squad in a six-woman tag match
- Shayna Baszler won the NXT Women’s title by defeating Kairi Sane
- Becky Lynch retained the SmackDown Women’s Championship against Charlotte Flair in a Last Woman Standing match
- Ronda Rousey retained the Raw Women’s title by beating Nikki Bella
The specs
Engine: 6-cylinder, 4.8-litre
Transmission: 5-speed automatic and manual
Power: 280 brake horsepower
Torque: 451Nm
Price: from Dh153,00
On sale: now
Living in...
This article is part of a guide on where to live in the UAE. Our reporters will profile some of the country’s most desirable districts, provide an estimate of rental prices and introduce you to some of the residents who call each area home.
Fixtures
Opening day Premier League fixtures for August 9-11
August 9
Liverpool v Norwich 11pm
August 10
West Ham v Man City 3.30pm
Bournemouth v Sheffield Utd 6pm
Burnley v Southampton 6pm
C Palace v Everton 6pm
Leicester v Wolves 6pm
Watford v Brighton 6pm
Tottenham v Aston Villa 8.30pm
August 11
Newcastle v Arsenal 5pm
Man United v Chelsea 7.30pm
Uefa Nations League: How it works
The Uefa Nations League, introduced last year, has reached its final stage, to be played over five days in northern Portugal. The format of its closing tournament is compact, spread over two semi-finals, with the first, Portugal versus Switzerland in Porto on Wednesday evening, and the second, England against the Netherlands, in Guimaraes, on Thursday.
The winners of each semi will then meet at Porto’s Dragao stadium on Sunday, with the losing semi-finalists contesting a third-place play-off in Guimaraes earlier that day.
Qualifying for the final stage was via League A of the inaugural Nations League, in which the top 12 European countries according to Uefa's co-efficient seeding system were divided into four groups, the teams playing each other twice between September and November. Portugal, who finished above Italy and Poland, successfully bid to host the finals.
Frida
Director: Carla Gutierrez
Starring: Frida Kahlo
Rating: 4/5
The five pillars of Islam
Getting there and where to stay
Fly with Etihad Airways from Abu Dhabi to New York’s JFK. There's 11 flights a week and economy fares start at around Dh5,000.
Stay at The Mark Hotel on the city’s Upper East Side. Overnight stays start from $1395 per night.
Visit NYC Go, the official destination resource for New York City for all the latest events, activites and openings.
Sarfira
Director: Sudha Kongara Prasad
Starring: Akshay Kumar, Radhika Madan, Paresh Rawal
Rating: 2/5
Fixtures
Wednesday, April 3
Arsenal v Luton Town, 10.30pm (UAE)
Manchester City v Aston Villa, 11.15pm (UAE)
Thursday, April 4
Liverpool v Sheffield United, 10.30pm (UAE)
Jeff Buckley: From Hallelujah To The Last Goodbye
By Dave Lory with Jim Irvin
The specs
Engine: 3.8-litre twin-turbo V8
Power: 611bhp
Torque: 620Nm
Transmission: seven-speed automatic
Price: upon application
On sale: now
Dhadak
Director: Shashank Khaitan
Starring: Janhvi Kapoor, Ishaan Khattar, Ashutosh Rana
Stars: 3
THE BIO
Favourite book: ‘Purpose Driven Life’ by Rick Warren
Favourite travel destination: Switzerland
Hobbies: Travelling and following motivational speeches and speakers
Favourite place in UAE: Dubai Museum
Defending champions
World Series: South Africa
Women’s World Series: Australia
Gulf Men’s League: Dubai Exiles
Gulf Men’s Social: Mediclinic Barrelhouse Warriors
Gulf Vets: Jebel Ali Dragons Veterans
Gulf Women: Dubai Sports City Eagles
Gulf Under 19: British School Al Khubairat
Gulf Under 19 Girls: Dubai Exiles
UAE National Schools: Al Safa School
International Invitational: Speranza 22
International Vets: Joining Jack
Match info:
Manchester City 2
Sterling (8'), Walker (52')
Newcastle United 1
Yedlin (30')
Apple product price list
iPad Pro
11" - $799 (64GB)
12.9" - $999 (64GB)
MacBook Air
$1,199
Mac Mini
$799
The past Palme d'Or winners
2018 Shoplifters, Hirokazu Kore-eda
2017 The Square, Ruben Ostlund
2016 I, Daniel Blake, Ken Loach
2015 Dheepan, Jacques Audiard
2014 Winter Sleep (Kış Uykusu), Nuri Bilge Ceylan
2013 Blue is the Warmest Colour (La Vie d'Adèle: Chapitres 1 et 2), Abdellatif Kechiche, Adele Exarchopoulos and Lea Seydoux
2012 Amour, Michael Haneke
2011 The Tree of Life, Terrence Malick
2010 Uncle Boonmee Who Can Recall His Past Lives (Lung Bunmi Raluek Chat), Apichatpong Weerasethakul
2009 The White Ribbon (Eine deutsche Kindergeschichte), Michael Haneke
2008 The Class (Entre les murs), Laurent Cantet
The lowdown
Badla
Rating: 2.5/5
Produced by: Red Chillies, Azure Entertainment
Director: Sujoy Ghosh
Cast: Amitabh Bachchan, Taapsee Pannu, Amrita Singh, Tony Luke
DUNE: PART TWO
Director: Denis Villeneuve
Starring: Timothee Chamalet, Zendaya, Austin Butler
Rating: 5/5
Abu Dhabi card
5pm: Handicap (TB) Dh100,000 2,400m
5.30pm: Wathba Stallions Cup Handicap (PA) Dh 70,000 2,200m
6pm: Abu Dhabi Fillies Classic Prestige (PA) Dh110,000 1,400m
6.30pm: Abu Dhabi Colts Classic Prestige (PA) Dh110,000 1,400m
7pm: Handicap (PA) Dh85,000 1,600m
7.30pm: Maiden (PA) Dh80,000 1,600m
The National selections:
5pm: Valcartier
5.30pm: AF Taraha
6pm: Dhafra
6.30pm: Maqam
7pm: AF Mekhbat
7.30pm: Ezz Al Rawasi
What is Diwali?
The Hindu festival is at once a celebration of the autumn harvest and the triumph of good over evil, as outlined in the Ramayana.
According to the Sanskrit epic, penned by the sage Valmiki, Diwali marks the time that the exiled king Rama – a mortal with superhuman powers – returned home to the city of Ayodhya with his wife Sita and brother Lakshman, after vanquishing the 10-headed demon Ravana and conquering his kingdom of Lanka. The people of Ayodhya are believed to have lit thousands of earthen lamps to illuminate the city and to guide the royal family home.
In its current iteration, Diwali is celebrated with a puja to welcome the goodness of prosperity Lakshmi (an incarnation of Sita) into the home, which is decorated with diyas (oil lamps) or fairy lights and rangoli designs with coloured powder. Fireworks light up the sky in some parts of the word, and sweetmeats are made (or bought) by most households. It is customary to get new clothes stitched, and visit friends and family to exchange gifts and greetings.
Mission: Impossible - Dead Reckoning Part One
Director: Christopher McQuarrie
Stars: Tom Cruise, Hayley Atwell, Pom Klementieff, Simon Pegg
Rating: 4/5
MEYDAN CARD
6.30pm Al Maktoum Challenge Round-1 Group One (PA) US$65,000 (Dirt) 1,600m
7.05pm Handicap (TB) $175,000 (Turf) 1,200m
7.40pm UAE 2000 Guineas Trial Conditions (TB) $100,000 (D) 1,600m
8.15pm Singspiel Stakes Group Two (TB) $250,000 (T) 1,800m
8.50pm Handicap (TB) $135,000 (T) 1,600m
9.25pm Al Maktoum Challenge Round-1 Group Two (TB) $350,000 (D) 1,600m
10pm Dubai Trophy Conditions (TB) $100,000 (T) 1,200m
10.35pm Handicap (TB) $135,000 (T) 1,600m
The National selections:
6.30pm AF Alwajel
7.05pm Ekhtiyaar
7.40pm First View
8.15pm Benbatl
8.50pm Zakouski
9.25pm: Kimbear
10pm: Chasing Dreams
10.35pm: Good Fortune
MATCH INFO
Uefa Champions League semi-finals, first leg
Liverpool v Roma
When: April 24, 10.45pm kick-off (UAE)
Where: Anfield, Liverpool
Live: BeIN Sports HD
Second leg: May 2, Stadio Olimpico, Rome