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Truth Commissions Versus Prosecutions: An African Perspective

SECURITY, RECONSTRUCTION, AND RECONCILIATION, Muna Ndulo, ed., University College London Press, 2007

13 Pages Posted: 22 Jan 2010 Last revised: 1 Mar 2010

Mark Kende

Drake University Law School

Date Written: January 13, 2010

Abstract

This short paper is one chapter in a book that addresses the difficulties rebuilding the political, legal, and other structures in societies ravaged by conflict. In particular, this paper examines the advantages and disadvantages of African nations using prosecutions or restorative approaches to address past wrongs. The paper focuses on South Africa Rwanda and Sierra Leone. The paper concludes that while each country's situation differs dramatically, reconciliatory approaches may be preferable. It also argues that any prosecutions should be based on deterrence, and not retribution.

Keywords: Africa, reconciliation, prosecution

Suggested Citation

Kende, Mark, Truth Commissions Versus Prosecutions: An African Perspective (January 13, 2010). SECURITY, RECONSTRUCTION, AND RECONCILIATION, Muna Ndulo, ed., University College London Press, 2007. Available at SSRN: https://ssrn.com/abstract=1536288 or http://dx.doi.org/10.2139/ssrn.1536288

Mark Kende (Contact Author)

Drake University Law School ( email )

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Des Moines, IA 50311
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HOME PAGE: http://www.law.drake.edu/centers/conLaw

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