CHALLENGES AND SOLUTIONS IN TRANSITIONAL JUSTICE
Keywords:
Transitional Justice, Law, India, LegalAbstract
Transitional justice has been increasingly popular in recent years as a way of dealing with past wrongdoings and restitution. Because of the contradiction between retributive and restorative justice, its techniques have made a distinct contribution to the cultures in which they have been applied. Trials (as a retributive form) and truth commissions, amnesties, and reparations (as a restorative form) are subject to a variety of issues and critiques, both theoretically and practically. Transitional justice must be realistic, which means learning from all experiences and improving work on education, financing, planning, and evaluation of processes; contributing to social and political change; and spreading the word about what is being done. When possible, different mechanisms should be combined to achieve better results.
References
I. Annan, K., UN Secretary-General, The Rule of Law in Conflict and Post-Conflict Societies, NY: United Nations (2004).
II. Arthur, P. How Transitions Reshaped Human Rights: A Conceptual History of Transitional Justice‟, 31(2) Human Rights Quarterly, 321-367 (2009).
III. Bell, C. , 3(1) Transitional Justice, Interdisciplinarity and the State of the “Field” or “Non-Field”‟, International Journal of Transitional Justice, 5-27 (2009)
IV. D. Orentlicher, Settling Accounts: The Duty to Prosecute Human Rights Violations of a Prior Regime, Yale Law Journal, 2537-2615 (1991).
V. Handbook on Security System Reform: Supporting Security and Justice, OECD, (2007).
VI. Mallinder, L., Human Rights and Political Transitions: Bridging the Peace and Justice Divide, London: Hart Publishing (2008).
VII. Mayer-Rieckh, A. and Duthie, R., Enhancing Justice and Development Through Justice-Sensitive Security Sector Reform in De Greiff, P. and Duthie, R. (eds.) (2009), Transitional Justice and Development: Making Connections, NY: Social Sciences Research Council, 214-249 (2009).
VIII. Mendez, J., Accountability for Past Abuses, 19(2) Human Rights Quarterly, 255-282 (1997).
IX. N.Roht-Arriaza, and J Mriezcurrna, Transitional Justice in the Twenty-First Century: Beyond Truth Versus Justice, Cambridge: Cambridge University Press (2006).
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