Justice

Question 1

Transitional justice

Answer 1

• Who should be held accountable
• Should EVERYONE go to jail
• Who should carry out prosecutions
• How should victims be rehabilitated?

Question 2

Retributive justice

Answer 2

•	Punitive justice
•	Legal prosecution, rule of law
•	Mechanisms: trials, tribunals
•	Problems:
o	Punishment does NOT always restore faith
o	This will be the main focus today

Question 3

Restorative justice

Answer 3

• Restoring the victims AND perpetrators
• Often occurs in cases of wide-spread abuse
• Goals: restore dignity
• Mechanisms: truth commissions, healing circles
• Problems:
o Is this justice in the eyes of the victims?

Question 4

Reparative justice

Answer 4

•	Making things right
•	Goal: repair the injury suffered
•	Mechanisms: restitution, apology
•	Problems:
o	Sense of justice?
o	Quantifying “evil”

Question 5

Problems w/ punitive justice

Answer 5

• Lack of Resources
o Conflict societies are not usually equipped
• Lack of Legitimacy
o Conflict societies often do not have rule of law – eg. Iraq
• No World Government
o No absolute authority
o UNSC and ICC have limited scope
o ICC is not universal
• As noted: no effective institutions for interpreting, adjudicating and enforcing consistently

Question 6

Nuremberg & Tokyo trials

Answer 6

• Landmark moment in HR law

* Criticisms: only the losers of the war were tried, ethnic bias

Question 7

ICTFY

Answer 7

• After conflict in Bosnia, More HR law codified

* Criticism: some were involved in negotiations rather than arrested

Question 8

ICTR

Answer 8

• Found that genocide & rape had occurred

* Criticism: national courts flawed, small # of trials