22. Transitional Justice

2016 ◽  
Author(s):  
Joanna R. Quinn
Keyword(s):  
Human Rights ◽  
Restorative Justice ◽  
Transitional Justice ◽  
Civil Conflict ◽  
Retributive Justice ◽  
Social Implications ◽  
Human Rights Violations ◽  
Difficult Question ◽  
The Social

This chapter examines the link between transitional justice and human rights. Atrocities such as genocide, disappearances, torture, civil conflict, and other gross violations of human rights leave states with a puzzling and often difficult question: what to do with the perpetrators of such acts of violence. Transitional justice takes into account the social implications of such conflicts. Its emphasis is on how to rebuild societies in the period after human rights violations, as well as with how such societies, and individuals within those societies, should be held to account for their actions. The chapter considers three paradigms of transitional justice, namely: retributive justice, restorative justice, and reparative justice. It also discusses the proliferation of the number of mechanisms of transitional justice at work and concludes with a case study of transitional justice in Uganda.

The aftermath of transnational illegal adoptions: Redressing human rights violations in the intercountry adoption system with instruments of transitional justice

Childhood ◽  
2021 ◽  
pp. 090756822110644
Author(s):  
Elvira C Loibl
Keyword(s):  
Human Rights ◽  
Restorative Justice ◽  
Transitional Justice ◽  
Retributive Justice ◽  
Human Rights Violations ◽  
Intercountry Adoption ◽  
Adoption System

A growing movement of illegally adopted individuals request remedies and reparations for the human rights violations that they and their biological families had suffered. This article explores a number of measures that the stakeholders in the receiving countries can use in an effort to repair the human rights violations caused by illegal intercountry adoptions, borrowing ideas from transitional justice. In order to effectively redress the harm inflicted upon victims of illegal adoptions, a policy on remedies should combine instruments of retributive justice, aimed at holding wrongdoers accountable, with measures of restorative justice that focus on the victims’ needs and interests.

Toward the Truth About the Trc: a Response To Key Moral Criticisms of the South African Truth and Reconciliation Commission

1999 ◽  
Vol 6 (3) ◽  
pp. 303-324 ◽  
Author(s):  
Wilhelm J. Verwoerd
Keyword(s):  
Human Rights ◽  
Restorative Justice ◽  
South African ◽  
Retributive Justice ◽  
Truth And Reconciliation Commission ◽  
Human Rights Violations ◽  
The South ◽  
Reconciliation Commission ◽  
Human Community ◽  
Truth And Reconciliation

AbstractIn this article the 'genre' of the TRC Report is clarified in order to answer some of the criticisms of the TRC. It is argued that the TRC conceptualised its role as the promotion of restorative justice rather than retributive justice. Justice and reconciliation is served not by isolating perpetrators of gross human rights violations but by restoring human community. Different aspects of the effects of the TRC's work are considered, namely reconciliation, amnesty and forgiveness Justice-based and reconciliation-based criticisms of the TRC are answered.

scholarly journals Archives and Transitional Justice in Chile: A Crucial Relationship

2021 ◽  
Author(s):  
Anita Ferrara
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
Multiple Roles ◽  
Transitional Period ◽  
Truth Commissions ◽  
Human Rights Violations ◽  
Unique Case

AbstractThe article, through the case study of Chile, explores the interconnections between archives, human rights and transitional justice. Chile represents a unique case globally for the early creation of thousands of records documenting the human rights violations committed under Pinochet’s 17-year dictatorship. In post-Pinochet Chile, the human rights archives have provided extremely important sources of evidence that have proven crucial in the development of transitional justice mechanisms. Truth commissions have, in turn, created their own archives, which have strongly contributed to later processes of reparation, justice and memory. The article aims to develop a better understanding of the multiple roles that archives have played as tools for achieving truth, justice and reparation over the long transitional period in Chile. The article argues that a combination of several factors and the intervention of different actors led to the archives having a significant impact in the development of subsequent transitional justice mechanisms.

scholarly journals Gerakan Masyarakat Kendeng, Rembang untuk Keadilan dan Penegakan Hak Asasi Manusia

2018 ◽  
Vol 2 (1) ◽  
pp. 1 ◽  
Author(s):  
Rizky Agus Harnanto ◽  
Atika Ishmatul Ummah ◽  
Elsya Rekavianti ◽  
Ayu Ratnasari
Keyword(s):  
Human Rights ◽  
Social Movement ◽  
Cement Industry ◽  
Human Rights Violations ◽  
The Social ◽  
National Issue

<p>The case of injustices and human rights violations in Kendeng, Rembang Regency become a national issue that has led to the emergence of the social movement to defend the rights of people. LBH Semarang is among CSOs that actively engage in the movement. This research is qualitative and descriptive using LBH Semarang as a case study. By applying observation, interviews and document study, this research found that LBH Semarang Plays important role in organizing the movement to reject the establishment of cement industry in Kendeng. </p>

scholarly journals Restorative pathways after mass environmental victimization: walking in the landscapes of past ecocides

2020 ◽  
Vol 10 (3) ◽  
pp. 664-685
Author(s):  
Gema Varona
Keyword(s):  
Human Rights ◽  
Restorative Justice ◽  
Large Scale ◽  
Human Rights Violations ◽  
Derechos Humanos ◽  
Informal Practices ◽  
The Prestige

Departing from the parallelism between large-scale human rights violations and the complex notion of ecocide, some conceptual remarks will be drawn within the realm of green victimology and restorative justice. By questioning the frameworks of victimhood and the irreversibility of ecocide, some conclusions about the meaning of informal practices of memorialization in mass victimization can be discussed. To illustrate these ideas, the Prestige case in Spain will be briefly presented as a case study. Partiendo del paralelismo entre las violaciones de derechos humanos a gran escala y la compleja noción de ecocidio, se realizarán algunas consideraciones conceptuales dentro del campo de la victimología verde y la justicia restaurativa. Al cuestionar los marcos de la victimidad y de la irreversibilidad del ecocidio, se debatirán algunas conclusiones sobre el significado de ciertas prácticas informales de memorialización en procesos de victimización en masa. Para ilustrar estas ideas se recurrirá de forma sucinta, como caso de estudio, a las consecuencias del Prestige en España

A Different Kind of Justice: Dealing with Human Rights Violations in Transitional Societies

1999 ◽  
Vol 13 ◽  
pp. 65-80 ◽  
Author(s):  
David Little
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Restorative Justice ◽  
Bosnia And Herzegovina ◽  
Retributive Justice ◽  
Human Rights Violations ◽  
Transitional Societies ◽  
Truth And Reconciliation ◽  
Truth And Reconciliation Commissions ◽  
Exclusive Or

In “transitional societies” like South Africa and Bosnia, which are currently moving from authoritarianism, and often violent repression, to democracy, questions arise about the appropriate way to deal with serious human rights offenders. Will a system of retributive justice bring about the healing and harmony necessary for peace and stability? Or, is “a different kind of justice” required, one explicitly aimed at reconciliation, and designed to repair and restore relations, and, perhaps, to forgive offenders rather than prosecute them? Are the systems mutually exclusive, or can they be combined in some way?In an effort to clarify terms and sharpen practical choices, this essay distinguishes between retributive and restorative justice and relates the distinction to constructive proposals concerning the ideas of forgiveness and reconciliation. The essay then applies the proposed framework to two recent efforts to cope with the problem: the truth and reconciliation commissions of South Africa and Bosnia and Herzegovina.

scholarly journals THE POSSIBILITY OF THE RIGHT TO RELIGION EMERGING AS A JUS COGENS NORM (PART 2)

Obiter ◽  
2016 ◽  
Vol 37 (3) ◽  
Author(s):  
David Abrahams ◽  
Tayla Dye
Keyword(s):  
Human Rights ◽  
International Community ◽  
Previous Article ◽  
Republic Of Korea ◽  
Human Rights Violations ◽  
Jus Cogens ◽  
The Right ◽  
Near Future

This article follows a previous article published in Obiter Vol 2 of 2016. In that article the concept of jus cogens and its role in the international community, together with the nature of the right to religion, were discussed. In Part Two, the seriousness of such human rights violations needs to be appreciated by the international community at large. To this end, the Democratic People’s Republic of Korea will serve as a case study, examining the extent of the DPRK’s compliance of its obligations vis-à-vis the right to religion. This should ultimately lead to an understanding as to why the right to religion emerging as a jus cogens norm will not solve the problem of enforcement, and even if it could, due to the uncertainty surrounding the formation of jus cogens it is unlikely that other human rights will be added to the list in the near future.

scholarly journals Countering Ethnic Violence, Extremism, and Terrorism or Human Rights Violations: A Case Study of Central Asian Republics

2018 ◽  
Vol 02 (01) ◽  
Author(s):  
Dr. Adam Saud ◽  
Dr. Irfan Hussain Qaisrani
Keyword(s):  
Human Rights ◽  
Civil Liberties ◽  
Ethnic Violence ◽  
Political Systems ◽  
Human Rights Organizations ◽  
Regional Dynamics ◽  
Central Asian ◽  
The Social ◽  
Free Region

Central Asia has been declared as ‘not free’ region by most of the global human rights organizations. The region has been governed by the old socialist-minded leadership since its independence. This style does not give room for civil liberties and human rights. Furthermore, the region has been marked with extremism, terrorism and ethnic violence for a long period of time. The regimes are also supported by other ‘not free’ states especially Russia and China. Such kind of regional dynamics has encouraged the states to adopt oppressive policies in order to strengthen themselves. This research focuses; to understand the social and ethnic demography of the Central Asian region; to understand the hyper-presidential political systems of the region; to understand the violent and non-violent movements against the ‘system’, and to analyze the state policies towards human rights and civil liberties.

scholarly journals Is the Responsibility to Protect an Accepted Norm of International Law in the post-Libya Era?

2018 ◽  
pp. 11
Author(s):  
Jeremy Sarkin
Keyword(s):  
Human Rights ◽  
International Law ◽  
Transitional Justice ◽  
Building Blocks ◽  
Responsibility To Protect ◽  
Human Rights Violations ◽  
One Dimensional

This article explores the Responsibility to Protect (RtoP) in the post-Libya era to determinewhether it is now an accepted norm of international law. It examines what RtoP means intoday`s world and whether the norm now means that steps will be taken against states thatare committing serious human rights violations. The building blocks of RtoP are examined tosee how to make the doctrine more relevant and more applicable. It is contended that theresponsibility to react should be viewed through a much wider lens and that it needs to bemore widely interpreted to allow it to gain greater support. It is argued that there is a need tofocus far more on the responsibility to rebuild and that it ought to focus on the transitionallegal architecture as well as transitional justice. It is contended that these processes ought notto be one-dimensional, but ought to have a variety of constituent parts. It is further arguedthat the international and donor community ought to be far more engaged and far moredirective in these projects.

scholarly journals Crimen en la playa de los Molles. La construcción de la verdad a propósito de una estudio de caso sobre la violación de Derechos Humanos en Chile | Crime on Playa Los Molles. The Crafting of Truth Based on a Case Study of Human Rights Violations in Chile

2019 ◽  
pp. 427
Author(s):  
Berta Rodrigo Mateu
Keyword(s):  
Human Rights ◽  
Mass Media ◽  
Social Responsibility ◽  
Human Rights Violations ◽  
Ethical Obligation ◽  
Derechos Humanos ◽  
The Media ◽  
Medios De Comunicacion ◽  
Estudio De Caso

Resumen: Los medios de comunicación tienen una responsabilidad indiscutible en la defensa y promoción de los Derechos Humanos. Más aún: tiene la obligatoriedad moral y ética de proporcionar informaciones basadas en la verdad y la objetividad. ¿Qué ocurre con los medios de comunicación en las dictaduras donde se ejerce de manera sistemática la violación de Derechos Humanos? ¿Qué responsabilidad social tienen estos en el sustento y pervivencia de las dictaduras? Este artículo ahonda en esta cuestión a propósito de un estudio de caso, el de la desaparición de la joven chilena Marta Hugarte durante la Dictadura del general Pinochet. Abstract: The Mass Media have an unquestionable responsibility in the defense and promotion of Human Rights. Moreover, they have the moral and ethical obligation to provide information based on truth and objectivity. What happens with the Media in dictatorships where the violation of Human Rights is systematically practiced? What social responsibility do these have in the sustenance and survival of dictatorships? This article delves into this question with regard to a case study, the disappearance of the young Chilean Marta Hugarte during the dictatorship of General Pinochet.

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