Transitional Justice and Human Rights
Dov Jacobs & Luke Moffett, Research handbook on Transitional Justice (Edward Elgar, 2016)
47 Pages Posted: 23 Mar 2016
Date Written: March 22, 2016
In this paper, a longer and unedited version of a chapter eventually to be published as part of the Research handbook on Transitional Justice, we present a succinct overview of how international human rights law has shaped the field of transitional justice. We survey human rights bodies’ treatment of the primary areas to be adjudicated in transitional contexts: amnesties, retroactive application of criminal measures, reparations, restitution of property, purges and vetting procedures, and power-sharing frameworks in constitutions. In general, human rights have served as both an impetus for undertaking transitional processes, as well as a constraint on legitimate judicial and extrajudicial measures available to post-transition governments. However, the impact of human rights on the manifold dilemmas in transitional justice has been uneven, with human rights bodies willing to play a more active role in certain areas than others.
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