Transitional Justice 2001F/G Lecture Notes - Lecture 9: International Humanitarian Law, Catchphrase, Peacebuilding
3 Nov 2016
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Document Summary
Rule of law has become a catchphrase in peacebuilding. Bill of rights: rights that a member of a population can expect to enjoy. Laws that have been equally enforced and are independently adjudicated according to human rights standards. Democracy: rule of law and democracy are interlinked, normative standard of how things should be. Goals of reform: stop current and future human rights violation, restrict the abuse of power. Law is both subject and object of change. Applies basic standards to protect vulnerable populations: applies to international conflict between two states, beginning to apply within states. Retains some relevance in times of war. States can enter derogations for times of war or national emergency: derogation: exemption or relaxation from rule or law. Ihl and ihrl provide a resource after conflict. Tools or conditions may not be available. Former regime may endanger transition if held to account. Perpetrators may be needed for their skills. Scale of atrocity too big to prosecute everybody.
