Political Science 3388E Lecture Notes - Martha Minow, Kofi Annan, Restorative Justice

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Published on 17 Nov 2011
School
Western University
Department
Political Science
Course
Political Science 3388E
Professor
Transitional Justice
Song: Heal the World
April-08-10
12:26 PM
Takes place in societies that are in transition
oEx: from authoritarian regimes to democracy
oPeople are struggling to rebuild their lives
Part of this is the rebuilding of the justice sector
Somalia
There has been no formal government for 20 years
Warlords are in charge
There is no formal education system, and infrastructure is
suffering
What to do after mass atrocity?
oAfter gross violations of human rights, societies are starting to struggle
with those violations, and ask questions
Who should be held to account?
For what?
Should ever person be punished?
Should it only be the "big fish?"
To purge bureaucracies or not?
How to rehabilitate victims?
Should victims be compensated?
Why does Transitional Justice Matter for Human Rights?
oThey are intrinsically linked with the study of human rights for three
reasons
Deals explicitly with gross violations of human rights
Ends cycle of impunity
And for preventing the kind of immunity from prosecution
that we often find in states that just had human rights violations
Justice is deeply related to human rights
3. Mechanisms increasingly sanctioned/authorized by the UN
oReforms are needed in many sectors
Justice - Focus of TJ
Re-establishment of the Rule of Law
Assisting in the rebuilding of the system of courts that are
necessary for a functioning democratic society
Some other reforms are
Economy
Education
Infrastructure
Healthcare
oMechanisms adopted tend to reflect the kinds of human rights abuses
that were committed
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Document Summary

12:26 pm o o: takes place in societies that are in transition. Part of this is the rebuilding of the justice sector. There has been no formal government for 20 years. After gross violations of human rights, societies are starting to struggle o with those violations, and ask questions. They are intrinsically linked with the study of human rights for three o reasons. Deals explicitly with gross violations of human rights. And for preventing the kind of immunity from prosecution that we often find in states that just had human rights violations. Assisting in the rebuilding of the system of courts that are necessary for a functioning democratic society. Mechanisms adopted tend to reflect the kinds of human rights abuses o that were committed. Also reflect the social & political conditions that come after the. Correspond with ideas of how justice needs to be done. And about why justice needs to be done.

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