Abstract

https://ssrn.com/abstract=2753191
 


 



Transitional Justice and Human Rights


Frederic Megret


McGill University - Faculty of Law

Raphael Vagliano


McGill University

March 22, 2016

Dov Jacobs & Luke Moffett, Research handbook on Transitional Justice (Edward Elgar, 2016)

Abstract:     
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.

Number of Pages in PDF File: 47


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Date posted: March 23, 2016  

Suggested Citation

Megret, Frederic and Vagliano, Raphael, Transitional Justice and Human Rights (March 22, 2016). Dov Jacobs & Luke Moffett, Research handbook on Transitional Justice (Edward Elgar, 2016). Available at SSRN: https://ssrn.com/abstract=2753191

Contact Information

Frédéric Mégret (Contact Author)
McGill University - Faculty of Law ( email )
3644 Peel Street
Montreal H3A 1W9, Quebec
Canada
Raphael Vagliano
McGill University ( email )
1001 Sherbrooke St. W
Montreal, Quebec H3A 1G5
Canada
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