Transitional Justice: Principles and Practice for Students
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42 cards
Question: What is Transitional Justice (TJ)?
Answer: A dynamic and evolving concept: a set of legal, political and social mechanisms designed to address gross human rights violations and violations of in
Question: What are the main objectives of Transitional Justice?
Answer: To reduce impunity and facilitate transition toward societies based on the rule of law, democratic principles, and respect for fundamental rights.
Question: Is there a single universal model of Transitional Justice?
Answer: No. TJ is a flexible framework whose form depends on historical, political and cultural context; there is no one-size-fits-all model.
Question: What are the four core pillars of Transitional Justice?
Answer: Truth, Justice, Reparation, and Guarantees of non-repetition.
Question: Which additional pillar have some scholars recently identified in Transitional Justice?
Answer: Memory — emphasizing remembrance, historical memory and education to help prevent future violence.
Question: Who influenced the core principles that establish states' duties to investigate and prosecute serious human rights violations?
Answer: The Joinet Principles (1997) developed by Louis Joinet, former UN Special Rapporteur of the Commission on Human Rights.
Question: What types of mechanisms make up the Transitional Justice “toolkit”?
Answer: Judicial and non-judicial mechanisms such as criminal prosecutions (domestic or international tribunals), truth commissions, amnesties, reparations pr
Question: How are Transitional Justice mechanisms selected for a society?
Answer: They are chosen according to the specific experiences, lessons and political realities of each post-conflict context and adapted to needs and context.
Question: What central dilemma does Transitional Justice face during political transitions?
Answer: Determining how much justice is needed — balancing criminal accountability against political stability, peace, and reconciliation.
Question: Why is the question of how much justice to pursue difficult in transitions?
Answer: Because there is tension between punishing perpetrators and maintaining political compromises necessary to prevent renewed violence.