The Future of Transitional Justice
Zachary D. Kaufman
Yale University - Law School; Harvard University - Harvard Kennedy School (HKS)
St. Antony's International Review (University of Oxford Journal of International Relations), Vol. 1, pp. 58-81, 2005
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.
Number of Pages in PDF File: 24
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
Date posted: August 20, 2011