Transitional Justice Genealogy (Symposium: Human Rights in Transition)
27 Pages Posted: 6 Apr 2022
Date Written: 2003
Abstract
This Article proposes a genealogy of transitional justice. Transitional justice can be defined as the conception of justice associated with periods of political change, characterized by legal responses to confront the wrongdoings of repressive predecessor regimes. The genealogy presented in this Article traces the historical pursuit of justice in periods of political flux, re- viewing the political developments of the last half-century and analyzing the evolution of the conception of transitional justice. This Article contends that a genealogy of transitional justice demonstrates, over time, a close relationship between the type of justice pursued and the relevant limiting political conditions. Currently, the discourse is directed at preserving a minimalist rule of law identified chiefly with maintaining peace.
Keywords: international law, international human rights, transitional justice
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