International Justice Outside of Criminal Courtrooms and Jailhouses

Arcs of Global Justice: Essays in Honour of William A. Schabas, Margaret M. deGuzman and Diane Marie Amann, eds, January 2018

Washington & Lee Legal Studies Paper No. 2018-01

21 Pages Posted: 11 Jan 2018

See all articles by Mark Drumbl

Mark Drumbl

Washington and Lee University - School of Law

Date Written: January 10, 2018

Abstract

This paper examines alternate forms of transitional justice, notably, customary forms of dispute resolution, restitution, reparations, amnesties, and civil sanctions. It suggests that the international community’s preference for criminal trials as accountability mechanisms in the aftermath of genocide results in the ‘othering’ of these alternate forms of justice. Such ‘othering’ narrows legal pluralism to questions of the location of criminal process and the imposition of custodial punishment (who prosecutes, who sentences?), rather than a richer examination of how deployment of a conceptual diversity of overlapping mechanisms could promote shared objectives of accountability, justice, and transition.

Keywords: Accountability Mechanisms, Alternative Forms of Justice, Amnesties, Civil Law, Civil Sanctions, Criminal Courts, Criminal Courtrooms, Criminal Process, Criminal Trials, Custodial Punishment, Dispute Resolution, Genocide, Justice, Legal Pluralism, Reparations, Restitution, Transitional Justice

JEL Classification: K0, K1, K14, K4, K41, K42

Suggested Citation

Drumbl, Mark, International Justice Outside of Criminal Courtrooms and Jailhouses (January 10, 2018). Arcs of Global Justice: Essays in Honour of William A. Schabas, Margaret M. deGuzman and Diane Marie Amann, eds, January 2018, Washington & Lee Legal Studies Paper No. 2018-01, Available at SSRN: https://ssrn.com/abstract=3100202

Mark Drumbl (Contact Author)

Washington and Lee University - School of Law ( email )

Sydney Lewis Hall
Lexington, VA 24450
United States
540-458-8531 (Phone)
540-458-8488 (Fax)

HOME PAGE: http://law.wlu.edu/faculty/profiledetail.asp?id=11

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