Song: Heal the World
• Takes place in societies that are in transition
o Ex: from authoritarian regimes to democracy
o People are struggling to rebuild their lives
• Part of this is the rebuilding of the justice sector
There has been no formal government for 20 years
Warlords are in charge
There is no formal education system, and infrastructure is
• What to do after mass atrocity?
o After gross violations of human rights, societies are starting to struggle
with those violations, and ask questions
• Who should be held to account?
• 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?
o They are intrinsically linked with the study of human rights for three
• 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
o Reforms 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
o Mechanisms adopted tend to reflect the kinds of human rights abuses
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
• Corresponds with ideas about why justice must be seen to be
People need to know that we are doing justice
• Different visions of how a society can be rebuilt
o There are benefits and faults to each of these approaches
• AN ADMISSION IS NEEDED FOR JUSTICE TO BE PUT INTO PLACE
o Retributive Justice
• Justice = legal prosecutions
Someone commits a crime, is charged, tried, sentenced,
and serves time/consequence for that crime
• Public acknowledgement of crime
• Educative effect
• Reinforced capability of justice system
• National, international trials/tribunals
• ICTR (Rwanda Trial), Slobodan
Milosevic Trial, ICC (LRA prosecutor)
• Universal Jurisdiction (outside of the ICC)
In places where the national system is unwilling/unable to
try the people for the crimes, individual states can step in and
conduct trials on their behalf
Crime committed is considered to be a crime committed
• Therefore, any state can claim jurisdiction
• Would be tried under the law of that state
Different than extradition
• Extradition is a series of bilateral agreements
Had barely happened until the 1990s
• Is becoming much more prevalent
• Ex: Desiree Munieza (Rwandan) who was
tried in Montreal
• Belgium has also do