Home / Foreign News / US Position in Global Justice, Accountability, by Ambassador Schaack

US Position in Global Justice, Accountability, by Ambassador Schaack

By
175 Comments
August 30, 2023 7:35 am

Beth Van Schaack, U.S. Ambassador-at-Large for Global Criminal Justice, discusses U.S. justice and accountability policy abroad. OLUKOREDE YISHAU, chief of the United States bureau, attended the briefing organized by the Washington Foreign Press Center. These are excerpts:

My office, the Office of Global Criminal Justice, provides advice to various U.S. entities. Government regarding policies to prevent, mitigate, and respond to international atrocities.

To this end, we generally engage in multilateral diplomacy; we build partnerships with like-minded states; we look for ways to strengthen the entire system of international justice; we encourage the adoption of inclusive and comprehensive transitional justice programs and processes in states emerging from conflict or authoritarianism; and we employ a small programming budget to build capacity for this work, frequently in collaboration with civil society organizations.

As we seek to promote accountability for war crimes, genocide, and crimes against humanity around the world, we are motivated by the realization that accountability for those most responsible, coupled with an honest assessment of the past, is crucial for the establishment of a lasting peace in the aftermath of conflict. The entire field of transitional justice, which is comprised of a variety of judicial and nonjudicial measures, formal and informal measures, and retributive and restorative justice measures, provides a set of tools for societies emerging from armed conflict or repression to address legacies of mass violence, authoritarianism, or impunity, to comprehensively rehabilitate survivors and their communities after violence, but also to engage in truth telling, and to engage in mechanisms for accountability.

A program of transitional justice can promote accountability, reconstruct social cohesion, restore trust in formerly abusive institutions, and prevent the recurrence of such violations by layering and sequencing these various mechanisms. As is now more evident than ever in the field, survivors and their communities are organizing amongst themselves to pursue justice before the conclusion of conflicts. To be effective, we know that any justice mechanism must be responsive to the needs and preferences of survivors in their communities, especially those most affected by violence, such as women and girls, ethnic and religious minorities, and others who have been marginalized by society.

In light of this, we make every effort to assure trauma-informed and survivor-centered approaches to justice at all times. These measures can facilitate psychosocial recovery, the rehabilitation of survivors and their communities, and the pursuit of life goals with dignity.

Institutional structure

In the past decade, incredible innovations have occurred in this discipline. Institutional structures are becoming more decentralized and multipolar. And while the International Criminal Court is an integral part of this larger system, there are other domestic and international justice activities taking place.

Particularly, states are assuming the responsibility of adjudicating cases of international crimes in their own tribunals when they have access – when they can exercise jurisdiction over the perpetrators. These cases are proceeding in accordance with expansive extraterritorial jurisdiction principles, including universal jurisdiction.

National war crimes units – based in the equivalent of our Department of Justice here in the United States – are also increasingly coordinating with one another to share evidence, strategies, and information, and to collaborate on international arrest operations when defendants are within their jurisdictional reach. And states have expanded their use of sanctions, visa restrictions, and import/export regulations for the benefit of victims and survivors, as well as to impede the ability of evil actors to commit, finance, and profit financially from their criminal behavior.

Many nongovernmental organizations receive funding from the United States. State Department officials have emerged as key figures in these proceedings. To inform accountability processes, these organizations, which are frequently lead by survivors, collect and evaluate potential evidence in real time in accordance with international standards. This includes sophisticated open-source investigations that rely on the ability to geolocate photos and other digital artifacts, to scour social media platforms for actionable information, and to access satellite-based data that was previously only accessible to specific governments at specific resolutions. The Conflict Observatory, a group of open-source investigators financed by the United States, is one example. State Department is one source of information regarding the Sudan and Ukraine conflicts. Similarly, the International Accountability Platform for Belarus, which is supported by over a dozen governments, including the United States, is a consortium of civil society organizations that collaborate to share information about human rights violations and atrocities in Belarus.

Civil society actors, youth, and human rights defenders, as well as diaspora communities, play a greater role than ever in these justice processes, despite the high risks and arduous nature of their work. The promotion of survivor-centered and trauma-informed documentation, investigation, and evidence preservation techniques continues to advance in all areas. Over the years, we’ve observed that applying these best practices not only yields better, more extensive, and higher-quality evidence for accountability purposes, but also enables investigations to proceed in a manner that mitigates harm to survivors and reduces the risk of re-traumatization.

The significance of accurate documentation cannot be emphasized, as it will serve as the foundation for any justice efforts that may be in progress. Moreover, what we’ve observed is that victims and survivors value the naming and shaming of perpetrators, the removal of the privilege of anonymity that perpetrators enjoy, truth telling, and the establishment of accurate historical records, particularly when accountability options are limited, where there are attempts at propaganda and misinformation to tell a different story, and also to the establishment of accurate historical records. The creation of high-quality documentation will counteract criminals’ efforts to deny committing crimes.

Engagements of note during the Biden-Harris administration

In Colombia, a comprehensive Peace Accord signed in 2016 brought an end to a half-century of conflict marked by disappearances, forced displacement, and other atrocities and violations. The accord has given victims and survivors a voice in their pursuit of truth, justice, and reparations. Colombia is now a model for societies around the world searching for ways to create a comprehensive transitional justice program that sequences and layers different mechanisms, while also implementing a gender-sensitive approach that has enabled the voices of women and girls in all their diversity to be heard and the perpetrators of gender-based violence to be held accountable.

Secretary Blinken announced in October 2022 that the United States would be the first international partner of the Peace Accord’s Ethnic Chapter. This is in recognition of the United States’ enduring support for the participation of marginalized racial and ethnic communities in Colombia’s peace-building processes. And in May of this year, we were able to announce that, in order to address the legacy of the past, three former military officials would be designated under Section 7031(c) for their participation in gross violations of human rights, as well as their efforts to undermine the transitional justice processes in Colombia. It was a great honor for me to be in Bogotá to deliver this announcement at the Special Jurisdiction for Peace.

Over ten years after the genocide in Rwanda, we witnessed men on horses and camels sweeping into non-Arab communities in Darfur to murder, rape, and destroy everything in their path. Now, nearly two decades later, the country is once again embroiled in conflict, civilians are caught in the crossfire, and we face a perilous case of déjà vu. We have received reports of horrific sexual violence in Darfur and Khartoum. There have been reports of women and girls being assaulted in their homes, abducted, and held for days. These assaults frequently involve multiple perpetrators. And we know that for every rape we are aware of, there are likely dozens more that go unreported due to humiliation, stigma, fear of future violence, and a lack of humanitarian services.

The situation in West Darfur is similarly disturbing. Refugees fleeing the region have relayed disturbing accounts of rapid support services – Rapid Support Forces and allied militia committing sexual violence related to the conflict, ethnically motivated violence against civilians, and attacks on journalists, community leaders, and human rights monitors. This violence is an ominous reminder of the horrifying events that prompted the United States to declare Darfur a genocide in 2004.

Obviously, there are no simple solutions to the atrocities being committed in Sudan, but in 2023 we have a few more instruments than we did in 1993. Due to the courage of Sudanese survivors, human rights activists, and journalists, we have compelling evidence of what is occurring on the ground in real time. The United States is striving to bolster documentation to work efforts by the civil society, both inside and outside of Sudan.

For instance, we have provided more than $3 million to fund human rights documentation initiatives that are collecting and preserving evidence of human rights violations throughout Sudan, which will eventually be fed into justice and accountability processes. Despite the fact that some of these in-person activities have been suspended due to the violence, the majority of them are still ongoing, and there are teams coordinating this work, including the development and implementation of investigation plans into alleged war crimes and crimes against humanity.

Within the U.S. The Sudan Conflict Observatory is a remote platform that utilizes commercially and publicly available data collection technologies – such as digital photos, videos, and other information shared online – to meticulously document conflict developments in order to inform responses, including on the justice front. This includes damage to civilian infrastructure, troop movements, rapid population movements among civilians, and potential international crimes. The Sudan Conflict Observatory is committed to sharing this information with the public, which is a key reason why we funded this platform. On a regular basis, as new information is collected, aggregated, and analyzed, reports are made available to the public. All of this information can be incorporated into current and future accountability mechanisms.

The International Criminal Court has been investigating Darfur since 2005, when the Security Council referred the matter to the court. Recently, the current prosecutor testified before the Security Council that the scope of his investigation will be expanded to include recent atrocities in Darfur. We applaud the International Criminal Court’s (ICC) investigations and prosecutions, including in the current violence in Darfur, and we are taking measures to bolster the court’s investigations, especially in locating and apprehending fugitives.

In response to the death and destruction caused by the full-scale invasion of Ukraine, the United States and our allies and partners in Ukraine have implemented a variety of accountability initiatives. Primarily, we attentively monitor the cases that Ukraine has brought before its domestic courts, as well as the International Court of Justice and the European Court of Human Rights. In addition, investigations have been launched in more than a dozen countries around the globe, frequently under the auspices of the Eurojust network in Europe.

In addition, the United States has funded a conflict observatory dedicated to documenting war crimes, crimes against humanity, and other atrocities committed in Ukraine. Regardless of international efforts, including those at the International Criminal Court, which are, of course, central to the pursuit of justice, the Ukrainian judicial system will be the primary source of accountability for the conflict in Ukraine.

Together with the Ukraine Office of the Prosecutor General, my office is funding teams of investigators and prosecutors from the world’s war crimes tribunals to assist Ukrainian prosecutors and investigators in their efforts to bring cases before Ukrainian courts. This initiative is supported by both the European Union and the United Kingdom and is intended to ensure that the donors are sufficiently coordinated in order to provide the Ukrainian Office of the Prosecutor General with the best possible assistance.

We are also attempting to guarantee the recruitment of the world’s top experts to assist with this difficult but vital work. Now, we are taking the Atrocity Crimes Advisory Group one step further by establishing a global fund. We invite other states to join us in this effort by making contributions, no matter how large or small, to assure the continued existence of the Atrocity Crimes Advisory Group and the ability to support the work in Ukrainian courts.

Elsewhere in Europe, the Lukashenka regime in Belarus continues its three-year crackdown on civil society, members of the democratic opposition, journalists, and ordinary Belarusians who exercise their human rights and fundamental freedoms and seek a democratic and equitable future. The regime has prosecuted more than 4,000 individuals on political grounds and retains close to 1,500 political prisoners. The United States is committed to promoting accountability for these excesses and violations in Belarus, and we stand with the Belarusian people in their pursuit of respect for their rights and democratic aspirations. The United States, along with eighteen other governments, has supported the International Accountability Platform for Belarus, which collects and preserves evidence.

Elsewhere in the world, it is crucial that we maintain global focus on the ongoing suffering of the Yezidi people and remember that what occurred in 2014 was a genocide, especially considering that 3,000 Yezidis are still missing and survivors are still being discovered in captivity. The United States determined that ISIS was culpable for the genocide of Yezidi Christians and Shia Muslims in territories it controlled. In addition, we determined that ISIS was culpable for crimes against humanity and ethnic cleansing against these groups, as well as in some cases against Sunni Muslims, Kurds, and other minorities.

Although pervasive impunity exists for these atrocities against the Yezidis and other victims, we are committed to pursuing accountability, and there are signs of justice. National prosecutorial authorities are bringing more cases before their respective national tribunals. In Germany, for instance, the first case alleging genocide against an ISIS member has been filed. Taha al-Jumailly was declared guilty of genocide, crimes against humanity, war crimes, and human trafficking in a landmark case involving the death of a five-year-old Yezidi girl by a German court. The perpetrator of the crime was sentenced to life in prison. Another former Syrian official, Anwar Raslan, was sentenced to life in prison for crimes against humanity in Germany in 2022, and a new detention occurred in August. Other nations, including Sweden and Canada, are investigating and prosecuting ISIS members through systemic investigations.

Lafarge dispute

We are also keeping a close eye on the Lafarge case in France. This is the first time a significant multinational corporation has been accused of committing crimes against humanity, in this instance in northern Syria. This follows a significant settlement in the United States that resulted in a fine and forfeiture worth more than $700 million. A number of organizations and advocates for victims are investigating whether portions of such large financial settlements can be used to promote victims’ healing and post-traumatic development. How these settlements by those who profited from atrocities can ultimately benefit their victims requires more inventiveness.

The United Nations Investigative Team to Prosecute Accountability for Crimes Committed by Daesh (UNITAD) and the International, Impartial and Independent Mechanism for Syria (Triple-I M) have supported many of these prosecutions in national tribunals. Both organizations continue to collect information and evidence, which they share with investigators and prosecutors pursuing cases against alleged perpetrators.

Parrot Mouth Blog

Related Posts

APC Election Chief Visits Philippine Ambassador, Seeks Stronger N ...
November 13, 2025
Australia Bans Social Media for Under-16s: What Parents Need to K ...
November 10, 2025
UK issues new travel warning, lists 20 Nigerian states as high-ri ...
November 9, 2025

175 Comments

Social Icons

Facebook1,000FansLikeX (Twitter)1,000FollowersFollowInstagram1,000FollowersFollowYoutube1,000SubscribersSubscribeTiktok1,000FollowersFollowTelegram1,000MembersJoin
https://pagead2.googlesyndication.com/pagead/js/adsbygoogle.js?client=ca-pub-1313595717308662

Discover more from ParrotMouth

Subscribe now to keep reading and get access to the full archive.

Continue reading