In this special episode of the Lawyering Peace podcast, we are honored to host Ambassador Juan Esteban Aguirre, who brings a wealth of experience from his distinguished career as Paraguay's Minister of Foreign Affairs and as the Vice President of the United Nations Human Rights Council. Aguirre has also served as Paraguay's Ambassador to the United States, Canada, and Brazil, and as Head of Mission to the United Nations Office in Geneva.

Ambassador Aguirre delves into the critical role that human rights protections play in building and sustaining durable peace. Drawing from his experience in various conflict zones, he highlights how acknowledging human rights violations during conflict during the peace processes, is foundational to achieving lasting peace. Through the lens of the Colombian conflict, Aguirre discusses the challenges in balancing the immediate need to end violence with the necessity of embedding human rights into peace negotiations.

He emphasizes that for peace to be sustainable, it must be built on the ground, starting with the empowerment of local communities. Aguirre argues that human rights should not only be a component of peace agreements but also a core principle guiding the entire peacebuilding process. He shares insights on how the United Nations Human Rights Council's mechanisms, such as fact-finding missions and commissions of inquiry, can provide crucial information that ensures accountability and justice are part of the peace process.

Ambassador Aguirre also calls for a shift from a reactive to a more preventive approach in addressing human rights abuses, advocating for greater collaboration and information-sharing among human rights bodies to promote more comprehensive and effective peacebuilding strategies.

This episode is a must-listen for anyone interested in the intersection of human rights and peace processes, as it provides actionable insights and recommendations for integrating human rights into the heart of peacebuilding efforts.

Visuvanathan Rudrakumaran joins Dr. Williams on this compelling episode of Lawyering Peace. Mr. Rudrakumaran, or Rudra, served as the former legal advisor to the Liberation Tigers of Tamil Eelam (LTTE) during the peace talks with the Government of Sri Lanka that commenced in 2000. He is currently heading the Transnational Government of Tamil Eelam in exile as its Prime Minister.

Rudra provides a vivid recount of the context leading to the Norwegian-facilitated peace process in Thailand, detailing his journey to becoming the LTTE’s chief legal advisor. He delves into the unique challenges faced by lawyers representing non-state armed actors in peace negotiations, particularly the struggle to achieve and maintain parity with state actors amidst international perspectives favoring states.

Through gripping narratives, Rudra illustrates how the LTTE sought to counterbalance the government’s legal and resource advantages by leveraging the Tamil diaspora and engaging in strategic lawfare. He offers practical advice for lawyers on how to effectively integrate into their client's team and utilize soft power to influence negotiations.

Rudra's experiences underscore Dr. Williams’ frequent assertion about the need to understand and navigate the parallel agendas of international mediators. He candidly discusses how these separate interests contributed to the challenges faced by the LTTE and the eventual collapse of the peace process. The episode also touches on the importance of diaspora involvement, the dynamics between local communities and the diaspora, and the pursuit of justice through international mechanisms.

Tune in to gain a deeper understanding of the Sri Lankan peace talks, the role of lawyers in representing non-state actors, and the impact of international third-party mediators in peace processes.

In this episode of the Lawyering Peace podcast, Dr. Paul Williams engages in a thought-provoking conversation with Professor Meg deGuzman, Professor of Law and Co-Director of the Institute for International Law and Public Policy at Temple University. Professor de Guzman, a distinguished judge at the International Residual Mechanism for Criminal Tribunals and Senior Peace Fellow at PILPG, shares her expansive view on the role of justice mechanisms in building durable peace.

Throughout the interview, they explore the complexities and nuances of international justice and the evolution of accountability. Professor deGuzman highlights the potential of non-judicial accountability mechanisms, such as truth commissions and reparations. While the proliferation of judicial mechanisms like the International Criminal Court has been significant, she points out that these non-judicial approaches are not receiving the same attention but hold substantial promise for contributing to justice and durable peace. Reflecting on her experiences from the Rome negotiations for the International Criminal Court to her work at the Yugoslavia Tribunal, Professor de Guzman provides a candid assessment of the impact of justice on peace processes.

Join us for a compelling discussion on the evolving landscape of international justice, the successes and limitations of current mechanisms, and the critical role that diverse accountability mechanisms can play in fostering lasting peace.

In this episode of the Lawyering Peace podcast, Anna Triponel delves into the challenging yet hopeful post-Gaddafi era in Libya. After nearly 50 years of authoritarian rule, the nation faced the monumental task of building a new identity from the ground up, with no existing rule of law infrastructure or constitution. The Libyan people encountered a myriad of obstacles, including the widespread circulation of weapons and deep-seated distrust among various factions.

Anna, who led PILPG’s efforts to advise Libya on the post-conflict constitutional process and specifically headed the Libyan women’s cohort during this transformative period, discusses the initial enthusiasm for the constitution-building process. She highlights how this enthusiasm waned as the complexities of unifying a country with stark regional and ethnic differences became apparent. Anna emphasizes the difficulties of fostering loyalty to a national identity while respecting regional diversities and the critical role of building client relationships through understanding individuals' backgrounds and motivations.

One of the key highlights of the episode is Anna’s work with the Libyans to develop a domestic accountability mechanism for atrocity crimes, illustrating their desire for local justice over international interventions. The episode sheds light on the challenges faced when the International Criminal Court's involvement was undermined by militia power, highlighting the ongoing need for authentic reconciliation efforts in Libya.

Listeners will find valuable lessons in Anna’s reflections, particularly the significance of empathy and humility in international peace efforts. Her insights remind us that understanding the lived experiences of those we work with is paramount, as these issues are often matters of life and death.

This episode is a compelling exploration of the complexities of post-conflict nation-building and the human connections that underpin successful peace processes.

This episode of Lawyering Peace, features Chief Prosecutor for the UN Special Court for Sierra Leone (Special Court), David Crane. Crane is renowned for indicting Charles Taylor, the former President of Liberia, marking the first time a sitting head of state was held accountable for atrocity crimes. Given this milestone, the Special Court has been used as a blueprint for subsequent international criminal tribunals.

The episode delves into the effectiveness of the Special Court in establishing durable peace and explores the conflict in Sierra Leone that led to its creation. It also examines the blanket amnesty provided in the peace agreement that ended the conflict and the impact of the Truth Commission that was conducted prior to the court's mandate.

David Crane shares some of the unique challenges and unexpected obstacles he faced as Chief Prosecutor, providing a vivid account of his experiences.

Notably, David’s story exemplifies how “the rule of law is more powerful than the rule of the gun”.

Tune in to gain insight on navigating the politics of justice.

Ambassador Stephen Rapp, former US Ambassador-at-Large for Global Criminal Justice, joins Dr. Paul R. Williams in this compelling episode of Lawyering Peace, to delve into the crucial role of global criminal justice in shaping durable peace.

In this episode, Ambassador Rapp shares insights into accountability related to the Arab Spring, the Sierra Leone conflict, and the Rwandan Genocide, and emphasizes the importance of holding perpetrators of international crimes accountable. Drawing parallels to historical events, he discusses the delicate balance between granting amnesty for political crimes and ensuring accountability for atrocities. Ambassador Rapp tells us: durable peace is unattainable without justice.

Ambassador Rapp also explores the overarching importance of pursuing truth after an armed conflict, and the episode provides a candid analysis of current conflicts, including those in Ukraine and Syria, and the implications of prosecuting high-level officials like President Putin.

Reflecting on the progress made towards accountability in the 2010s, Ambassador Rapp highlights the evolving landscape of international justice in an era of social media and civil society activism. Despite the challenges, he remains optimistic, asserting that the need for accountability cannot be ignored.

Tune in for a deeper understanding of the intersection between justice and peace, and the essential role of international criminal justice in securing a just and lasting peace.

In this episode, Dr. Williams speaks with Kate Gibson, an experienced lawyer who has represented former heads of state, military leaders, and victims of international crimes before international criminal courts and tribunals since 2005. Kate discusses how these tribunals can sometimes hinder peace, especially in cases of victor’s justice and when the process is too disconnected from the affected communities. She also addresses the growing skepticism about the International Criminal Court’s ability to contribute to peace and provide victim catharsis. Tune in to hear Kate challenge the popular belief that we are in an ‘Era of Accountability’.

In this episode, Dr. Paul R. Williams speaks with Michael Scharf, a drafter of the Statute that created the International Criminal Tribunal for the Former Yugoslavia (ICTY). Initially intended by the international legal community as a symbolic gesture, the tribunal became a powerful instrument of justice under a prosecutor whose unwavering commitment to justice over political convenience challenged the status quo of international practices. We explore how this commitment to justice impacted the Balkans peace processes, the role of international tribunals in balancing peace and accountability, and the legacy of the ICTY in shaping future tribunals and the International Criminal Court. Tune in for insights into how justice challenges peace negotiators today.