Transitional Justice: Toward a Differentiated Theory

Oregon Review of International Law, Vol. 13, p. 1, 2011

46 Pages Posted: 7 Aug 2011

See all articles by Thomas Obel Hansen

Thomas Obel Hansen

Ulster University - Transitional Justice Institute

Date Written: August 7, 2011

Abstract

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

Suggested Citation

Hansen, Thomas Obel, Transitional Justice: Toward a Differentiated Theory (August 7, 2011). Oregon Review of International Law, Vol. 13, p. 1, 2011, Available at SSRN: https://ssrn.com/abstract=1906307

Thomas Obel Hansen (Contact Author)

Ulster University - Transitional Justice Institute ( email )

Shore Road
Newtownabbey, County Antrim BT37 OQB
Northern Ireland

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