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Measures of Non-Repetition in Transitional Justice: The Missing Link?

Paul Gready and Simon Robins, From Transitional to Transformative Justice (CUP), Forthcoming

UC Hastings Research Paper No. 171

42 Pages Posted: 13 Mar 2016 Last revised: 24 Apr 2016

Naomi Roht-Arriaza

University of California Hastings College of the Law

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Date Written: March 10, 2016

Abstract

The international transitional justice soft law framework breaks the obligations of states to combat impunity and provide reparation into a number of discrete tasks, including truth-seeking/telling, accountability, and reparations for victims. The most amorphous of these tasks is ‘guarantees of non-repetition.’ While the basic idea is clear - whatever measures are needed to prevent a recurrence of the serious human rights violations or international crimes committed in the past - the content of this idea has been unduly narrowed over the years. In practice, it generally means vetting or restructuring of security forces, and measures to increase the independence and effectiveness of the formal judiciary. The chapter explores the possibility of expanding the view of what is meant, to encompass a more transformative non-repetition of the conditions likely to lead to renewed conflict. It looks at several attempts to do just that, through peace accords, truth commission recommendations or other means. It briefly considers the Philippines and Colombia as examples of how such an approach might work. It explores whether, given the risks of a broad “transformative” approach, a more fulsome view of measures of non-repetition could serve to both expand and appropriately limit the concept.

Keywords: transitional justice, post-conflict justice, guarantees of non-repetition, reparations, transformative justice, Colombia, Mindanao, measures of non-recurrence

Suggested Citation

Roht-Arriaza, Naomi, Measures of Non-Repetition in Transitional Justice: The Missing Link? (March 10, 2016). Paul Gready and Simon Robins, From Transitional to Transformative Justice (CUP), Forthcoming; UC Hastings Research Paper No. 171. Available at SSRN: https://ssrn.com/abstract=2746055

Naomi Roht-Arriaza (Contact Author)

University of California Hastings College of the Law ( email )

200 McAllister Street
San Francisco, CA 94102
United States

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