Transitional justice: Law, War and CrimeModule Details

Background and Rationale

This course aims to engage students in detailed analysis of the emerging field of ‘transitional justice’, exploring how this concept has been employed within post-conflict settings to deal with serious acts of individual and communal violence. Students will develop a critical awareness of the various legal, social and political strategies and mechanisms that have been embraced to deal with the dilemmas of societies emerging from violent conflict and/or authoritarian rule as well as the challenges that may be encountered when participating in peace operations. The course will also provide an opportunity to apply this legal and structural knowledge to analysis of contemporary situations of armed conflict and transition.

Learning Outcomes

At the end of the course students will be expected to:

1)    Explain the development of transitional justice principles from international law and the role of transitional justice mechanisms as complementary to international criminal justice.
2)    Identify the different theories underlying transitional justice.
3)    Explain the rationales underpinning the various responses of the international community towards post- conflict transition of domestic communities.
4)    Identify transitional justice mechanisms and processes through practical case examples and broad theories.
5)    Relate the concept of transitional justice to other peace-building activities and explain the role of transitional justice mechanisms in peace-building contexts.
6)    Identify key challenges and best practices within transitional justice.
7)    Recognize and discuss the relationships between transitional justice principles and mechanisms and international law and international criminal justice.
8)    Analyse the fundamental claims and concepts of key theoretical perspectives on transitional justice.
9)    Critically evaluate various transitional justice mechanisms and the ways in which these have been implemented, nationally and internationally, in light of stated objectives of truth, reconciliation and justice.
10)  Evaluate various transitional justice mechanisms in relation to other peace-building activities.
11)  Develop a model of transitional justice for a country of their choice based on their practical awareness of key challenges and best principles.