Assignment task:
1. Introduction:
Transitional justice, rooted in ancient history, addresses past violence, shaping modern international relations. This chapter covers its development through historical examples, post-WWII criminal accountability, and innovations during the 1970s and post-Cold War democratization waves. Transitional justice now integrates truth commissions, reparations, and accountability norms.
2. Historical Roots:
Dating back to early Athens, transitional justice involved retribution, amnesty, and reconciliation. Key examples include post-Napoleon France, post-Civil War US, and post-WWI Germany, which faced reparation burdens contributing to WWII.
3. The Nuremberg Trials:
Post-WWII, the Nuremberg Trials pioneered modern transitional justice by holding individual war criminals accountable, influencing future international laws and tribunals despite political controversies.
4. Third Wave of Transitional Justice:
From the mid-1970s, numerous countries transitioned to democracy, balancing justice with peace. Varied approaches included rigorous trials (Greece) and extensive amnesties (Brazil, Spain). Truth commissions emerged, notably in Argentina and South Africa, focusing on victim accountability.
5: New Era of International Justice:
Post-Cold War, international justice revived with tribunals like the ICTY and ICTR addressing the Yugoslav Wars and Rwandan Genocide. Hybrid tribunals (e.g., Sierra Leone) combined international and domestic efforts despite challenges in effectiveness and integration.
6: The International Criminal Court:
The ICC, established in 2002, prosecutes genocide and war crimes but faces criticisms of limited global reach, African focus, and low conviction rates. Despite challenges, it marks a significant shift towards international justice.
7. Justice Cascade and Universal Jurisdiction
The justice cascade indicates a global shift towards accountability, exemplified by the Pinochet case, where universal jurisdiction allowed international prosecution, influencing global human rights norms.
8. Permanency of Transitional Justice:
Transitional justice now notably features in responses to human rights violations, bolstered by UN and NGO support. Countries revisit past atrocities, engaging in what scholars call post-transitional justice.
9. Summary:
Over the century, transitional justice transformed from state-centric retribution to complex mechanisms focusing on individual accountability and victim healing. Following WWII and the Cold War, significant international developments led to the ICC and universal jurisdiction, embedding transitional justice in global responses to political violence.
What have been the most significant developments in transitional justice?
What explains the major shifts in approach following World War II and again after the Cold War? What types of changes do you anticipate for transitional justice in the future?