Beyond Traditional Notions of Transitional Justice; How Trials, Truth Commissions, and Other Tools for Accountability Can and Should Work Together

20 Pages Posted: 15 Aug 2011 Last revised: 8 Sep 2011

See all articles by Elizabeth Ludwin King

Elizabeth Ludwin King

University of Denver Sturm College of Law

Donald L. Hafner

Boston College

Date Written: March 1, 2006

Abstract

Civil conflicts marked by human rights violations leave devastated communities in their wake. The international community has an interest in assuring that justice is done, an interest which the recent establishment of the International Criminal Court (ICC) confirms. The authors argue the ICC should be augmented by additional mechanisms to bear the burden of doing justice and reconstructing communities after such civil conflicts. This Article explores the potential tensions among such mechanisms, including national human rights trials, truth commissions, and community-based gacaca, and emphasizes the importance of consulting victims in resolving these tensions. The authors conclude that the ICC should take the lead in coordinating the different mechanisms discussed in the Article as part of post-conflict reconstruction.

Suggested Citation

Ludwin King, Elizabeth and Hafner, Donald L., Beyond Traditional Notions of Transitional Justice; How Trials, Truth Commissions, and Other Tools for Accountability Can and Should Work Together (March 1, 2006). Boston College International and Comparative Law Review, Vol. 30, Page 91, 2007, Available at SSRN: https://ssrn.com/abstract=1909674

Elizabeth Ludwin King (Contact Author)

University of Denver Sturm College of Law ( email )

2255 E. Evans Avenue
Denver, CO 80208
United States
919-428-7460 (Phone)

Donald L. Hafner

Boston College

140 Commonwealth Avenue
Chestnut Hill, MA 02467
United States

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