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Lecture 16

Lecture 16- Transitional Justice

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Political Science
POLI 360
Julie Norman

What is JusticeTransitional justiceaddressing widespread HR violations in postconflict societiesthink child soldiers used en mass how to deal with their return home and help them move onretributive justicepunishing the offender trials tribunals restorative justicehealing for victims offenders and community TRCstruth and reconciliation commissionSouth Africa after apartheid restitutive justicecompensating the victims reparationsInternational Humanitarian Law IHLalso considered rules of waronly applies in war armed conflict or occupation different from crimes ag humanity which can take place during wartime or peacetime Hague Conventions 1899 1907restraints on targetsdistinguish between targets proportionality restraints on weaponsnecessary use of force type Geneva Conventions 1949 1977protects persons not taking part in hostilities noncombatants sick wounded POWs civilians include guerrillas unofficial combatants 1977 Protocol NOT signed by USRome Statue 1998 establishes the ICCplace to compile and reiterate other international law documentsmany war crimes outlined in previous stuff were consolidated in the Rome Statue Customary Law Case LawInternational Criminal Lawwar crimescriminal violations of IHL occur during armed conflict crimes against humanitywidespread or systematic violations in war and peace that constitute a serious attack on human dignityinclude murder extermination slavery deportation torture and rape carried out en mass as part of a larger campaigncrimes of genocide International Justice MechanismsInternational Criminal Court ICCAdHoc Tribunals before ICCie Nuremberg National Courts ICCindependent international body established 2002 in the Haguefunction prosecute individuals for serious crimes genocide crimes against humanity war crimes in mass atrocities focus ona most serious crimesb those bearing greatest responsibility last resort if states unableunwilling to act key aspect when court was being set upfirst puts notice on states to try their own perpetratorscases include DRC CAR Uganda Sudan Kenya Cote DIvoire Libyageographic
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