Chapter 5 - Burundi’s Obligations Under International Law

Summary

In Part I, our analysis was largely based on an inductive approach, looking first and foremost at the practice of transitional justice as it developed throughout Burundi's legal and political history until today. We have shown that, to a large extent, primarily political factors have dominated Burundi's transitional justice history and shaped the legal framework of transitional justice in the country. We have also summarised and contextualised some of the main issues the Burundi case-study raises for law, lawyers and legal research. It is now time to turn our attention to two specific elements: (i) the international legal framework as a source of obligations and rights (field A – Chapter 5), and (ii) the role of Burundi's Constitutional Court as a domestic mechanism of adjudication in transitional justice (located within field B – Chapter 6). This combination expresses a preference for a combination of international norms and domestic enforcement bodies.

Regarding the former element, the growing impact of international law on Burundi's (draft) transitional justice law and (expected) transitional justice practice – within the international context of globalisation of transitional justice – has already been hinted at repeatedly throughout the above analysis. This in itself justifies and necessitates a more systematic and comprehensive analysis of rights and obligations under international law, both of individuals as well as of the Burundian State. We will analyse international law insofar as it gives rise to obligations and rights on behalf of the State or of individuals and insofar as they pertain to the transitional justice objectives of truth, accountability, reparation and reconciliation. This analysis will be structured around two main sections. First, an overview will be given of the general applicability of international law to the case of Burundi. This will be done for international human rights law, international humanitarian law and international criminal law, with reference to their concurrent application and to their current status under Burundian law.

International law of State responsibility will also briefly be referred to. Secondly, an analysis will be made of the obligations and rights under the international legal sources that apply to the Burundian situation. This substantive analysis will be limited to those elements that are of relevance from our transitional justice perspective: truth, accountability, reparation and reconciliation.