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Apr 24, 2024
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LAW 2851 - Transitional Justice
Over the last few years there have been dramatic and innovative developments in transitional
justice as transitions from repressive rule to democracy have become a worldwide phenomenon.
In many cases, the displaced regimes have been characterized by massive violations of human
rights. Dealing with these past injustices has been a crucial test for new democratic orders.
Facing the tensions between truth, justice, reconciliation and peace, the transitional process
entails tremendous challenges. A number of countries have had to resolve similar problems:
should or must they punish human rights violations committed under the old order? Is an
amnesty permissible and necessary in the interest of peace, reconciliation and unity? Does a
society need an official accounting and acknowledgment of the wrongs of the past? How can the
victims of human rights violations be assisted in some way and have their dignity restored? This
course will examine how the international communities, as well as a number of new democracies
have dealt with these issues. The course will also examine a number of broader issues such as the
role of reparations, reconciliation, amnesties, and truth commissions. The course will focus on a
number of countries as well as various mechanisms. The themes to be dealt with are the role and
function of international courts, internationalized courts, domestic courts, traditional courts
dispensing justice, giving amnesty for truth, reparations claims for human rights violations,
achieving reconciliation, as well as the operation of a number of truth commissions. Other issues
including claims for land restitution will be also dealt with.
Prerequisites & Notes
No pre-requisites. Enrollment capped at 20 students. This course does meet the Writing I and Writing II requirements.
Credits: 2
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