Justice in Transition and Transitional Justice (2014/08/01~2017/07/31)
Abstract:
The most literatures of transitional
justice confirm the uniqueness of justice in the transitional period, however
based on a presupposition that the normal (or not in or direct after war
conflict) justice is universal. Against that, this project accept the uniqueness
of the transitional justice because of the “transition” itself and recognizes
its unique qualities, such as “imperfect” and “unstable”, which indicate its
processing meaning, and the risk of turning back and backlash, which are
typical in the post-authoritarian context. Those unique qualities, at the same
time, also expose its crucial status in the transition to a democratic society.
There are five challenges interns of transitional justice the post-totalitarian
and authoritarian society has to face: 1. Cases of the mass human rights
violation du to arbitrary ruling and power abuse of the old regime; 2. Risk of
political system caused by the absent of political and institutional trust; 3.
Extremalisation of political hostile relation extended by the old enemies; 4.
Repairing of the social relationship based on acknowledgement of the past
wrongdoings, victims’ reparation program and the inclusion of victims and perpetrators
as equal citizen; and 5. Reconstruction of collective memories based on the
truth telling process. Analysis of the contents of those challenges will show
that the necessity of the criminal justice is grounded on the accountability of
the ruling party, but has to be combined with the restorative and reparational
justice that include the acknowledgement of the post wrongdoings, public
truth-telling process, victims’ reparation and political generosity. Justice in
the transitional period can only be justified morally that none of those
concepts of justice is left behind and balanced. The works and the phases of
this project include first of all, review critically the literatures that are
failing to recognize the unique status of the transitional context or recognize
though its unique statues but presuppose an universality (or absoluteness) of
the normal justice; secondly, provide analysis the concrete contents of those
challenges collected from the empirical studies on the cases of transitional
justice, and lastly, based on the said analysis to consider a reverse
possibility that the examination of the past wrongdoing is constitutive for our
concept of the normal justice.
Readings:
The Legacy of the International Criminal Tribunal for the Former Yugoslavia
Bert Swart, Alexander Zahar, and Göran Sluiter
2011
International Trials and Reconciliation
Janine Natalya Clark
2014
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