The Future of Transitional Justice

St. Antony's International Review (University of Oxford Journal of International Relations), Vol. 1, pp. 58-81, 2005

24 Pages Posted: 20 Aug 2011

See all articles by Zachary D. Kaufman

Zachary D. Kaufman

University of Houston Law Center; Washington University in St. Louis - School of Law; Yale University - Law School; Stanford Law School; Harvard University - Harvard Kennedy School (HKS)

Date Written: 2005

Abstract

This article, published in the St. Antony’s International Review (University of Oxford journal of International Relations), consider the future of Transitional Justice. The article defines Transitional Justice as involving “states and societies shifting from a situation of conflict to one of peace and, in the process, using judicial and/or non-judicial mechanisms to address past human rights violations.” Recent efforts to bring to justice various individuals suspected of committing genocide, war crimes, crimes against humanity, and other atrocities “demonstrate how relevant and crucial issues of transitional justice are today and, unfortunately, will be for the foreseeable future.” The article first provides an overview of Transitional Justice options, including inaction, amnesty, lustration, exile, assassination, and prosecution. Then the article discusses some recent developments in Transitional Justice and their implications, including lustration (de-Baathification) in Iraq and the exile (to Nigeria) and amnesty of Liberian president Charles Taylor. Finally, the article argues that, despite the advent of the International Criminal Court, the future of Transitional Justice is likely to become more complex and no single Transitional Justice option will or even could be employed.

Keywords: Transitional Justice, Amnesty, Lustration, De-Baathification, Exile, Assassination, Prosecution, Genocide, War Crimes, Crimes Against Humanity, Atrocities, Military Tribunals, Truth Commissions, ICTR, ICTY, ICC, IST, SCSL, ECCC, Charles Taylor, United States, Rwanda, Liberia, Iraq, Nigeria

Suggested Citation

Kaufman, Zachary D., The Future of Transitional Justice (2005). St. Antony's International Review (University of Oxford Journal of International Relations), Vol. 1, pp. 58-81, 2005, Available at SSRN: https://ssrn.com/abstract=1913127

Zachary D. Kaufman (Contact Author)

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