What justice after war? Elements for a theory of transitional justice
نویسندگان
چکیده
Is it possible, after a conflict or genocide, to deliver justice and build a new political order acceptable to all sides previously set on destroying each other? Christian Nadeau looks at recent conflicts in Rwanda and in the former Yugoslavia, among others, to lay down the foundations of a theory of transitional justice. In his view a successful transition to democracy has to be based on reparation and deliberation.
منابع مشابه
Pragmatic Elements of Rawls’s Theory of Justice
In this article, in order to demonstrate the pragmatic elements of Rawls’s viewpoint, the developmental path of his A Theory of Justice shall first be investigated. This development has two phases: In the first phase, justice has an ethical-philosophical basis. In A Theory of Justice, this phase is specifically shown under the title of theory of justice. In the second phase, justice has no phil...
متن کاملDeeper, broader, longer transitional justice
Transitional justice has an expectation management problem. International law imposes a right to justice and an obligation to defeat impunity from crimes against humanity. Yet there has not been a war where a substantial proportion of criminals against humanity have been convicted. Nor is one likely. The theoretical solution considered in this paper is to broaden, deepen, and lengthen our conce...
متن کاملHuman rights, transitional justice, public health and social reconstruction.
Mass violence, armed conflict, genocide, and complex humanitarian emergencies continue to create major social and public health disasters at the dawn of the 21st Century. Transitional justice, a set of policies designed to address the effects of war on traumatized communities and bring justice, lies at the nexus of public health, conflict, and social reconstruction. Despite the paucity of empir...
متن کاملReassembling International Justice: The Making of ‘the Social’ in International Criminal Law and Transitional Justice
This article examines the most recent shift in ongoing debates concerning the relationship between international criminal law and transitional justice, using the examples of international criminal prosecutions before the International Criminal Tribunal for the former Yugoslavia (ICTY) and transitional justice mechanisms in Bosnia and Herzegovina. It reframes the problematic relationship between...
متن کاملTransitional Justice as Global Project: critical reflections
This article critically reflects on the ways in which the global project of transitional justice is channelled or streamlined in its scope of application. Using the categories of when, to whom and for what transitional justice applies, it argues that transitional justice is typically constructed to focus on specific sets of actors for specific sets of crimes. This results in a fairly narrow int...
متن کامل