Notes to transitional justice stanford encyclopedia of. Ruti teitel explores the ways in which a society should respond to evil rule. The verdict has addressed some of the key issues and controversies that were. Transitional justice takes this question to a new level with an interdisciplinary approach that challenges the very terms of the.
A lasting legacy of the nuremberg and tokyo military tribunals is the. Teitel explores the recurring question of how regimes should respond to evil rule, arguing against the prevailing view favoring punishment, and contending through historical and comparative. Global transitional justice george mason university. This article uses the trials of slobodan milosevic and saddam hussein as an occasion for revisiting and extending my ongoing project of tracing a genealogy of transitional justice. Interest in transitional justice has surged in legal scholarship, in the human rights field generally and most notably in the domain of politics.
National security seminar at harvard university december 2001 on file with. Teitel summary written by eric brahm, conflict research consortium citation. Negotiating transitional justice berghof foundation. Routledges transitional justice series publishes innovative work across a range of disciplines working on transitional justice related topics. This is an insightful analysis of one of the most fundamental political science issues of our times how the emerging democracies in eastern europe and elsewhere should deal with the legal systems inherited from their authoritarian pasts.
Transitional justice at crossroads the landmark verdict of the supreme court sc of nepal on 2 january 2014 has signaled a significant breakthrough in relation to transitional justice debates in nepal. Nocella ii abstract this article is dedicated to the historical overview, political development, and philosophy of transformative justice, with a primary focus on the united states. Transitional justice and the protection of economic, social and cultural rights have gained momentum in the past two decades. As transitions to democracy have become more common, transitional justice has become a significant issue in many instances.
The law and politics of comtemporary transitional justice. In addition to judicial mechanisms, gross human rights violations can also be addressed through broader transitional justice measures. Transitional justice united nations and the rule of law. The law and politics of contemporary transitional justice. Introduction this article proposes a genealogy of transitional justice. Such measures include criminal prosecutions, truth commissions, reparations programs, and various kinds of institutional reforms. At the centurys end, societies all over the world are throwing off the yoke of authoritarian rule and beginning to build democracies. Transitional justice is an emerging domain of inquiry that has gained importance with the regime changes in latin america after the 1970s, the collapse of the european and soviet communist regimes. Transitional justice is a response to systematic or widespread violations of human rights. In the declaration of the highlevel meeting on the rule of. Judicial measures like trials and legal reforms, and nonjudicial measures like truth commissions and compensation schemes can and should complement each other.
Teitel description at the centurys end, societies all over the world are throwing off the yoke of authoritarian rule and beginning to build democracies. Ruti teitel explores the recurring dilemma of how regimes should respond to evil rule, arguing against the prevailing view favoring punishment, yet contending that the law nevertheless plays a. An overview of the history and theory of transformative justice anthony j. Transitional justice is enacted at a point of political transition from violence and repression to societal stability or at times. The term transitional justice has come, in recent years, to designate a field of academic inquiry, as well as political practice, concerned with the aftermath of conflict and largescale human rights abuses. Transitional justice globalized by ruti teitel ssrn. I have decided to concentrate on war crime tribunals and truth commissions both because these are the most frequently used instruments other policies. According to jon elster, transitional justice is, made up of the process of trials, purges, and reparations that take place after the transition from one political regime to another elster 2004, p 1, while ruti teitel applies the term to a shift in political orders a bounded period, spanning two regimesteitel 2000. This chapter briefly presents both fields so as to clarify how they have developed and how they are linked. For a comprehensive analysis of transitional justice, see ruti g. Transitional justice in practice new tactics in human rights. An erudite, ambitious and optimistic book, ruti teitels humanitys law argues that a transformation is taking place in the international legal order that constitutes a fundamental. In 1991, at the time of the soviet collapse and following the latin american transitions to democracy in the 1980s, teitel coined the term transitional justice to.
Core principles of tranformative justice are synthesized from various theorists. Teitel genealogies i coined the term transitional justice 1 to account for the selfconscious construction of a distinctive conception of justice associated with periods of. Theory and practice 409 raised in october 2009 by the president of the icty, patrick robinson, who suggested establishing a claims commission, through which victims would be able to lodge compensation claims. At first, it referred to the judicial process of addressing human rights violations committed by. Transitional justice takes the debate to a new level with an interdisciplinary approach that challenges the very terms of the contemporary debate. Global civil society and transitional justice springerlink. Events may have taken place far in the past, which makes finding information extremely difficult. Transitional justice takes this question to a new level with an interdisciplinary approach that challenges the very terms of the contemporary debate. Transitional justice theories transitional justice theories is the. Provides an interdisciplinary perspective deriving from many different national and regional contexts, and spanning the range of institutions and policy responses. Thank you for joining jasmina brankovic and sufiya bray of the centre for the study of violence and reconciliation csvr, galuh wandita and patrick burgess of the asia justice and rights ajar and the new tactics online community for this discussion on transitional justice in practice that took place on may 12 to may 23, 2014. Transitional justice stanford encyclopedia of philosophy. It seeks recog nition for victims and promotion of possibilities for peace, reconciliation and democracy. Differentiating the usages, history and dynamics, 7 intl j transitional justice 20 4 arguing that a too broad definition of transitional justice, so as to include international criminal law and ius post bellum, decreases the potentiality of the three concepts.
Transitional justice consists of judicial and nonjudicial measures implemented in order to redress legacies of human rights abuses. For the united nations, transitional justice is the full range of processes. At any such time of radical change, the question arises. Transitional justice is not a special form of justice but justice adapted to societies transforming themselves after. The emergence of a paradigm the concept of transitional justice stems from the international human rights movement. An overview of the history and theory of transformative.
Oxford transitional justice research otjr invites to. The power and politics of transitional justice justice. The author defines transitional justice as a framework to solve the fundamental problems of society, in. It combines contributions from distinguished scholars and practitioners as well as from emerging academics from different disciplines. Relationship of international criminal justice to transitional justice and to restorative justice. Kara recently completed a fulbright scholarship studying human rights at the london school of economics and political science.
United states institute of peace transitional justice. Iavor rangelov discussing globalizing transitional justice oup, 2015 friday, 4 december at 12. Justice research otjr invites to transitional justice. She has worked with the liberian truth and reconciliation commission in ghana and liberia, and also completed the arthur liman public interest fellowship at the international center. In prior work, i have defined transitional justice as that conception of. Transitional justice, international law and the united. An introduction to some issues in transitional justice diva portal. Weinstein abstract this article examinestransitional justice scholarship published in academic periodicals overa sixyear period, 20032008, to identify the disciplinesthat contributed to the. Nevertheless, little attention has been given to the links between them. Fuller debate and law in transitional societies martin krygier my assignment in this session is a little problematic. The note is informed by the guidance note of the secretarygeneral on united nations approach to rule of law assistance.
Ictjbrookings transitional justice responses to palestinian dispossession a snapshot of palestinian dispossession in israel in the six decades since the start of the israelipalestinian conflict, there have been two major waves. An empirical evaluation of transitional justice scholarship in academic journals laurel e. Traces the evolution of the authors reflections on the field of transitional justice since the publication of her book transitional justice oup 2000. The reasons for this disconnect are multifold, including the fact that the two fields stem from traditionally distinct fields of scholarship and practicetransitional. Although transregime legitimation is certainly not transitional justice s only role, it is an important function and provides resources for a unified political theory of transitional justice. An introduction to some issues in transitional justice. On the long run, their work is crucial to reestablish the rule of law and public trust towards the state. Ruti teitel has outlined a threestage transitional justice genealogy. Other transitional policies include administrative purges, the opening of archives, reparations and the creation of public monuments. When peter asked me to participate in this colloquium as commentator on ruti teitels paper, it seemed to me a very nice idea.
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