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Frequently Asked Questions
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What is the Justice Rapid
Response?
The Justice
Rapid Response (JRR) is a multilateral stand-by facility to deploy
rapidly criminal justice and related professionals, trained for
international investigations and at the service of States and
international institutions. It allows the international community
to provide much needed support for compliance with and the effective
enforcement of international criminal justice, thus helping to make
justice an integral and constructive part of conflict resolution and
post-conflict peace-building. At the request of a State or
international institution with jurisdiction, JRR experts can deploy
quickly to identify, collect and preserve especially the most
perishable information about crimes under international law and
massive human rights violations, and reporting back to the
requesting authority would be in a position, if requested, to make
recommendations as to the most appropriate remedies under the
circumstance. JRR’s goal is to ensure that expertise is maintained
from mission to mission and is deployable quickly and efficiently,
without having to be recreated anew each time there is a need. In
this way, it can significantly reduce response times in providing
assistance that is both impartial and which meets international
standards. The specific functions carried in this context: pattern
of violence and initial fact‑finding investigations and conflict
mapping; forensic mapping; documentary evidence investigation;
visual image collection; identification of potential witnesses; and
identification of potential crime scenes, including massacre sites.
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Why is the JRR mechanism
needed?
In situations
where serious crimes under international law may have been
committed, there is often a short security and political window of
opportunity to identify, collect and preserve information that would
be essential to determine and support the most appropriate
accountability processes for that situation. During conflict or in
its immediate aftermath, societies are frequently not equipped, and
the international community is not currently well-organised, to take
advantage of such windows of opportunity. Yet the sooner information
is collected after the events, the less likely it is that crucial
evidence will be lost and the more likely that it can help
decision-makers decide what is the most appropriate accountability
mechanism(s) for that situation. The activities that will be of
highest value to any accountability mechanism include the early
location, gathering and preservation of physical, documentary and
testimonial information of potential evidentiary value. The
early commencement of steps towards an accountability mechanism
could also serve to restore the population’s confidence in the rule
of law. Even if not always called upon, the existence of such a
stand-by facility with a rapid deployment capability could help
reduce the scale of violations and hasten the success of
peace-talks. The JRR enables the coordination of this work quickly
and cost-effectively.
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Where does the JRR mechanism
currently stand?
The JRR
mechanism was formally established in November 2007 and became
operational in October 2009, with 34 deployable experts from all
regions of the world now on the JRR Roster. The first group of 18
experts from 10 countries from Europe, North America, Africa, the
Middle East and the Caribbean were certified to the JRR roster after
a training course held in Berlin in May 2009.
The experts participating in the course were nominated by States and
international institutions and selected by the Coordinating Group at
its meeting in February 2009. In September 2009, the first JRR
Certification Workshop was held in Brussels
to certify 16
experts sent by twelve different States and international
organisations who were already fully trained for international
criminal justice-related deployment for the JRR Roster. When Justice
Rapid Response became effectively operational as of October 2009, it
immediately received renewed, strong statements of support from
several potential end-users including the UN Department of
Peacekeeping Operations (DPKO) and the Office of the High
Commissioner for Human Rights (OHCHR), reaffirming the utility of
such a roster to the fulfilment of their mandates. It also received
its first request for deployment in its very first month of
operation and was able to respond successfully to assist with the
International Commission of Inquiry for Guinea.
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Who is involved in the JRR
mechanism?
There are
currently 29 States from all regions of the world, as well as
non-governmental organisations, inter‑governmental organisations and
United Nations agencies, actively involved in JRR, as members of the
Policy Group, the decision-making body for JRR. Eight States make
up the JRR Coordinating Group, which oversees the work of the
Secretariat and brings recommendations to the Policy Group, namely
Argentina, Canada, Colombia, Finland, Germany as represented by the
German Centre for International Peace Operations (ZIF), Sierra
Leone, Sweden and Uganda. The JRR Policy Group meets once a year
and the JRR Coordinating Group meets up to three times a year. The
Government of Canada has Chaired the JRR Policy and Coordinating
Groups since 2008 and No Peace Without Justice has acted as the
Interim JRR Secretariat since 2006. JRR’s Chair-centric management
model, with secretariat support from NPWJ, is streamlined and cost
effective.
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What can trigger a JRR mission?
While JRR
capability is deployable in a variety of situations, it can only be
initiated upon a specific request by the State where the mission
would be deployed, or an international organisation (including an
international justice institution) with jurisdiction in a particular
situation.
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How are requests for JRR
assistance made?
There is no
collective decision making in response to requests among JRR
participants. When a request for assistance is made, each JRR
participant may decide if it wishes to participate (i.e. make its
expert on the roster available to respond to the request). The
active presence of the JRR Chair and Secretariat in New York enables
International Institutions and States that may require the services
of JRR experts to establish an informal dialogue that could assist
with making requests and also give JRR participants adequate notice.
A formal request, in the form of a simple communication to the JRR
Chair, is then disseminated to JRR participants for their assessment
and response. A quick, thorough, impartial and consistent assessment
should be made. The basic issues to be assessed are: does the
requesting authority have the necessary legal basis to issue the
request; is the request’s main purpose the furtherance of
accountability mechanisms; is this a feasible mission, e.g.
concerning the security situation; and is JRR assistance what the
situation calls for, i.e. would the deployment of a JRR team make a
sufficiently significant difference to the situation?
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How will the JRR be financed?
JRR is a
practical expert service and if the requesting entity can afford to
do so, it would pay the costs of the requested mission. However, it
is anticipated that those requesting assistance may frequently be
unable to meet these costs. Therefore, in addition to recurring
costs (e.g. training, Policy and Coordinating Group meetings and
costs of running the Secretariat), JRR participants and others
finance the cost of deployments. The financing of JRR is as
flexible and versatile as possible, to allow for the widest possible
participation and the most efficient distribution of the burden,
with a view to ensuring that participation in JRR will depend on
interest and expertise, and not on the availability of resources.
This ranges from participants who can provide expertise but cannot
pay for training or deployment, to participants who can only offer
financial contributions to a mission, to participants who can pay
for the training and deployment of their own and other countries’
experts.
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Will the JRR mechanism
compete with international justice institutions?
The JRR is
not an international justice institution and does not have any
judicial function. The role of the JRR is limited to that of
providing technical expertise for the identification, collection and
preservation of information that can lead to timely recommendations
as to the most appropriate justice remedies for the circumstances,
as well as the preservation of information that could become
evidence in such recommended proceedings. It is complementary to
international justice institutions, which can also request its
deployment when they have jurisdiction over a situation.
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What are the next steps for the JRR mechanism?
The next
steps for the JRR mechanism are: (1) to decide upon and develop the
appropriate roster-management system; (2) to certify more experts to
the JRR roster through further training courses on JRR; (3) to
develop working relationships with regional training institutions
that may be able to offer JRR’s training syllabus on a regular,
ongoing basis; (4) to continue to implement an intensified outreach
strategy to raise awareness of the JRR mechanism among potential
end-users and other supporters; and (5) to manage ongoing and new
JRR deployment missions. JRR Policy Group and Coordinating Group
meetings will be held in November 2009 to discuss progress and, in
particular,
to launch the
call for nominations for full training courses in 2010
and to
approve the work plan for the next steps for the JRR mechanism.
Updated as
at 13 November 2009 |