Transitional Justice: Toward a Differentiated Theory
Oregon Review of International Law, Vol. 13, p. 1, 2011
46 Pages Posted: 7 Aug 2011
Date Written: August 7, 2011
Based on an assessment of contemporary practices of dealing juridically with large-scale human rights violations, this article argues that it is useful to operate with a differentiated normative framework of transitional justice. The article concludes that we need to endorse a more nuanced understanding of whose interests transitional justice serves, what in fact these interests are, and how to evaluate the legitimacy of these. To facilitate this revision of theory, the article distinguishes between transitional justice in cases of liberal transitions, non-liberal transitions, deeply conflicted societies that have not seen a fundamental regime change, and consolidated democracies.
Keywords: Transitional Justice Theory, Political Transitions
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