Transitional Justice: Theory and Practice

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Georgetown Law
Syllabus and Reading List
Transitional Justice: Theory and Practice
LAW(J/G) 766 08
Fall 2015
Professor Ari Bassin
CLASS VENUE AND TIME
This seminar consists of thirteen two hour classes. Class will be held every Tuesday from
7:55-9:55 pm in McDonough Hall 220.
COURSE OBJECTIVES
This course will introduce students to what it means to work in the field of transitional
justice. As the name suggests, this course aims to give participants a solid understanding of
the history and theories that underlie transitional justice; the constituent
elements/mechanisms/tools that transitional justice employs to achieve its goals (criminal
justice, truth, reparations, and guarantees of non-recurrence); and the key issues and
challenges related to the design and implementation of these mechanisms. This course also
aims to put this knowledge in a practical context to build students’ skill sets that
practitioners of transitional justice regularly employ. The course will therefore heavily focus
on participants learning, processing, and analyzing information and then putting concepts to
use in scenarios that simulate the work of transitional justice professionals and the variety of
audiences with whom transitional justice professionals engage. This will include conducting
independent research, writing clearly and persuasively for different stakeholders, making
presentations to victims and civil society groups, and conducting negotiation on technical
issues.
The course objectives are:
1) Participants understand the basics of transitional justice including its goals,
challenges, and mechanisms.
2) Participants are equipped to conduct their own independent research to learn about
transitional justice experiences in a variety of country contexts and situations.
3) Participants can utilize their understanding of transitional justice and independent
research to communicate effectively with a variety of audiences through brief
writing, presentations, and negotiations.
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ASSESSMENT AND GRADING
The good news is that this course will not have a final exam or a final paper. This will free
up a significant amount of the students’ time at the end of the semester to focus on other
exams and final papers. However, students will be required to put in the time normally
spent at the end of the semester preparing for an exam or final paper to prepare for class
discussions and assignments which will be spread out across the semester. Information
about the assignments will be handed out in separate documents and posted on the course
website.
Student grades will be calculated as follows:
•
Briefing Memo to the Secretary of State or Foreign Minister (2 pgs) about a specific TJ
mechanism in a specific place (20%) – Due November 13.
•
Presentation to civil society and victims groups (15 mins) about a specific TJ
mechanism in a place where TJ is relevant (20%) – Date dependent on topic.
•
Concept memo (2-3pgs) applying TJ to current situation (20%) – Due December 4.
•
Participation in 2 in-class TJ exercises (15%)
•
General class participation (25%)
CLASS ATTENDANCE AND PARTICIPATION
General Disclaimer: Pursuant to the 2014-15 Georgetown Law Student Handbook of
Academic Policies, “[r]egular and punctual attendance at all class sessions is required of each
student… A student who, even though registered for a course, has not regularly attended,
participated, or otherwise met class requirements may, at the professor’s option be
withdrawn, excluded from attending class sessions… or receive a lowered grade in the
course. Even if a student has passed all examinations, academic credit will not be awarded
and no student will be advanced, nor will a degree be conferred, if attendance or
participation is unsatisfactory.”
Given the focus on participation and classroom scenarios, advanced preparation for each
class, attendance, punctuality, and participation is essential for this seminar and will be a
key component of your grade. Participant participation should focus on the quality of
interventions, as well as active listening and responding thoughtfully and respectfully to your
fellow class participants.
Out of respect for your fellow participants, please be sure to arrive to class with enough time
so that we can start on time at 7:55pm. Clearly, emergencies come up, so if you have to
miss class or you know you will have to arrive late, please email me prior to the class. Since
we only have 13 classes, missing more than 2 classes or arriving late on a regular basis will
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likely affect your final grade, and missing more than 4 classes may cause you to be
withdrawn from the class.
I also realize that many people like using laptops to take notes during class. If you choose to
do so please refrain from doing anything other than taking notes during the seminar
meetings. Also please silence your mobile phones during class, and leave them in your bags.
OFFICE HOURS
I do not have an office on campus and thus do not have formal office hours. However, do
feel free to contact me via email if you have questions. If you would like to meet to discuss
an issue related to the class, please reach out and we can try to find a mutually agreeable
time.
FEEDBACK
Your feedback about the course is important. Several opportunities will be given for you to
formally provide feedback, but students should feel free to contact me at any time outside
class to provide constructive feedback on the course.
COURSE WEBSITE
This syllabus, the course materials, and assignments will be posted on the course website on
Canvas https://georgetownlaw.instructure.com/ . We may also use Canvas to continue class
discussions online using the “discussions” tab or “chat” function.
COURSE MATERIALS
The essential readings and materials for each class will be available online via links within the
syllabus and/or through the course website on Canvas. Other recommended readings and
materials may also be available online but where there is no link in the syllabus and it is not
on Canvas you will need to locate the materials yourself either online or with the help of the
library.
Students will be required to conduct their own independent research to prepare for many of
the assignments over the semester. Learning to locate relevant information from primary
and secondary sources is an essential skill for a TJ practitioner. The syllabus contains a list of
good initial resources to get students started in their research. The list is not exhaustive, and
students should not copy information from such sources without proper reference/citation.
A good resource for many relevant treaties and statutes is the Online Resources Centre for P.
Alston, R. Goodman, International Human Rights (OUP, 2012) at
http://global.oup.com/uk/orc/law/human/alston_goodman/.
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CLASS STRUCTURE AND READINGS
The class structure and required readings are subject to adjustment over the course of the
semester. I will give participants at least a week’s notice of any changes if not more.
PLEASE NOTE: Due to the nature of this course and the focus on redressing atrocity crimes,
some of the materials (readings, videos, etc.) and discussions may include disturbing
images or accounts. Please let me know privately if you have concerns about reading,
viewing, or engaging with such material and I will work with you to find an appropriate
accommodation.
Transitional Justice (TJ): Background and Structure
Class 1: Introductions and TJ Background (Sept 1)
This class will include: personal introductions; an introduction to the course; a
baseline assessment.
Questions to consider in preparation for class:
• Why are you interested in taking this class and what are you hoping to
learn?
• What is TJ?
• Why do we need TJ?
• What types of situations was TJ originally designed to address?
• Are these the same situations that TJ is currently looking to address?
• What are the main goals of TJ?
Required Readings:
• United Nations Commission on Human Rights. Promotion and Protection of
Human Rights: Impunity: Report of the independent expert to update the Set
of principles to combat impunity, Diane Orentlicher, Addendum Updated Set
of principles for the protection and promotion of human rights through action
to combat impunity. E/CN.4/205/102/Add.1 (8 Feb 2005).
•
Paige Arthur, “How "Transitions" Reshaped Human Rights: A Conceptual
History of Transitional Justice” Human Rights Quarterly Vol. 31, No. 2 (May,
2009), pp. 321-367.
Also please review the following news articles and watch the related videos
(not available on Canvas)
•
•
Victims of Darfur Atrocities Find a Voice (read and watch
video): http://www.theguardian.com/world/2008/jul/22/sudan
No Fire Zone trailer (just watch the video
trailer): http://nofirezone.org/watch
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•
•
Japan Revisionists Deny WW2 Sex Slave Atrocities (read and watch
videos): http://www.bbc.com/news/world-asia-33754932
Guatemala genocide trial: witnesses of atrocities tell their stories (watch
video): http://www.theguardian.com/commentisfree/video/2013/may/10/gu
atemala-genocide-trial-victim-video
Class 2: Overall Structure of TJ (Sept 8)
Questions to consider in preparation for class:
• What are the main pillars/tools/mechanisms that TJ utilizes?
• Is engaging one of these mechanisms enough? Why? Why not?
• Who are the key actors and stakeholders that TJ is trying to engage/help?
• How do we ensure that all of these stakeholders are considered from the
outset?
Required Readings:
● International Center for Transitional Justice (ICTJ), “What is Transitional
Justice?” Dec. 2008. https://www.ictj.org/sites/default/files/ICTJ-GlobalTransitional-Justice-2009-English.pdf
●
Pablo de Greiff, UN Special Rapporteur on Truth, Justice, Reparations, and
Guarantees of Non-Recurrence, Report to the Human Rights Council, 2012
A/HRC/21/46 (on a comprehensive approach)
●
ICTJ Program Report: Gender Justice, 2013. https://www.ictj.org/news/ictjprogram-report-gender-justice (not on Canvas)
The "Pillars" of TJ
Class 3: Criminal Justice (Sept 15)
Questions to consider in preparation for class:
• What are the crimes that TJ is focused on prosecuting? Why?
• What is the goal of criminal prosecutions as part of TJ?
• How does the goal of criminal prosecutions affect court mandates?
• What are the challenges and limitations of criminal trials for atrocity
crimes?
• What are the different models/options for prosecuting atrocity crimes and
what are the benefits and limitations of each?
Required Readings:
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•
Kathryn Sikkink and Hun Joon Kim, “The Justice Cascade: the Origins and
Effectiveness of Prosecutions of Human Rights Violations,” Annual Review of
Law and Social Science Vol. 9 (2013), pp. 269-85.
•
Rome Statute of the International Criminal Court, ARTICLES 6-8 ONLY
(definitions of the crimes) A/CONF.183/9/. http://www.icccpi.int/NR/rdonlyres/ADD16852-AEE9-4757-ABE79CDC7CF02886/283503/RomeStatutEng1.pdf
•
Rule-of-Law Tools for Post-Conflict States: Prosecution initiatives, Office of
the United Nations High Commissioner for Human Rights, available at
http://www.ohchr.org/Documents/Publications/RuleoflawProsecutionsen.pdf
•
International Criminal Justice 5.0, Harold Hongju Koh, 2012, available at
http://www.state.gov/s/l/releases/remarks/200957.htm (not on Canvas)
Additional Resources
• Ellen L. Lutz & Caitlin Reiger, eds., Prosecuting Heads of State, (Cambridge
University Press, 2009).
•
International Crimes, Local Justice: A Handbook for Rule-of-Law Policymakers,
Donors, and Implementers, Open Society Justice Initiative, 2011, available at
https://www.opensocietyfoundations.org/sites/default/files/internationalcrimes-local-justice-20111128.pdf
•
Geneva Conventions of 12 August 1949, available at
http://www.icrc.org/applic/ihl/ihl.nsf/vwTreaties1949.xsp.
Class 4: Criminal Justice (cont’): The Duty to Prosecute, Amnesties, and Prosecutorial
Strategies (Sept 22)
Questions to consider in preparation for class:
• Is there an obligation to investigate and prosecute all atrocity crimes? If
so is it universally recognized?
• What are the benefits of amnesties? What are the drawbacks?
• What other tools can be used to get some of the benefits and limit the
drawbacks?
• What is the difference between amnesties and prosecutorial
prioritization?
Required Readings:
● Pablo de Greiff, UN Special Rapporteur on Truth, Justice, Reparations, and
Guarantees of Non-Recurrence, Report to the Human Rights Council, 2014
A/HRC/27/56 (on prosecutorial prioritization) http://daccess-ddsny.un.org/doc/UNDOC/GEN/G14/148/98/PDF/G1414898.pdf?OpenElement
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●
Rule-of-Law Tools for Post-Conflict States: Amnesties, Office of the United
Nations High Commissioner for Human Rights, available at
http://www.ohchr.org/Documents/Publications/Amnesties_en.pdf.
●
Protocol Additional to the Geneva Conventions of 12 August 1949, and
Relating to the Protection of Victims of Non-International Armed Conflicts
(Protocol II), Article 6(5), available at
http://www.ohchr.org/EN/ProfessionalInterest/Pages/ProtocolII.aspx. (not on
Canvas)
●
Customary International Humanitarian Law, Rule 159. Amnesties,
International Committee of the Red Cross, available at
http://www.icrc.org/customary-ihl/eng/docs/v1_cha_chapter44_rule159.
(not on Canvas)
Additional Resources
● Diane F. Orentlicher, “Settling Accounts: The Duty to Prosecute Human Rights
Violations of a Prior Regime,” The Yale Law Journal, Vol. 100, No. 8, (Jun.,
1991), pp. 2537-2615.
●
Amnesty, Human Rights and Political Transitions: Bridging the Peace and
Justice Divide, Louise Mallinder, Hart Publishing, 2008
●
Research Brief: Amnesties and DDR Programs, The International Center for
Transitional Justice, 2010, available at http://ictj.org/sites/default/files/ICTJDDR-Amnesties-ResearchBrief-2010-English.pdf.
Class 5: Criminal Justice: Group Exercise: How to design the rules of an international
criminal tribunal/ 1 hour of presentations (Sept 29)
Questions to consider in preparation for class:
• How are the structure of a tribunal and its rules of procedure and
evidence interrelated?
• How do you craft rules of procedure and evidence to balance the rights of
the accused, the pursuit of justice, and the needs of victims?
• Should rules of procedure and evidence be different for a court dealing
with atrocity crimes vs. regular everyday crime? If so, how so? And why?
Required Readings:
● See handout
Additional Resources
• Internationalized Criminal Courts: Sierra Leone, East Timor, Kosovo, and
Cambodia, Cesare P.R. Romano, et al., eds., Oxford University Press, 2004.
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Class 6: Truth: Truth Commissions (Oct 6)
Questions to consider in preparation for class:
• What is a truth commission?
• What are the goals of a truth commission?
• What do truth commissions do? What are the key activities and
components?
• What advantages do truth commissions have?
• What are some key differences between different truth commissions?
• Should truth commissions be able to provide amnesty?
Required Readings:
• Rule-of-Law Tools for Post-Conflict States: Truth Commissions, Office of the
United Nations High Commissioner for Human Rights, available at
http://www.ohchr.org/Documents/Publications/RuleoflawTruthCommissions
en.pdf
•
Priscilla Hayner Unspeakable Truths, 2nd ed., (New York: Routledge, 2011) chs.
2 and 3, pp. 7-26. (available online at
http://inspirasi.co/books/1411046261.pdf )
●
ICTJ, In Search of the Truth: Creating an effective Truth Commission,
https://www.ictj.org/in-search-of-truth/ (not on Canvas)
•
ICTJ, Truth Commissions, fact sheet,
https://www.ictj.org/sites/default/files/ICTJ-Global-Truth-Commissions-2008English.pdf
•
Watch Film: Confronting the Truth (available on Canvas)
Additional Resources
• Pablo de Greiff, UN Special Rapporteur on Truth, Justice, Reparations, and
Guarantees of Non-Recurrence, Report to the Human Rights Council, 2013
A/HRC/24/42 (on truth commissions) http://daccess-ddsny.un.org/doc/UNDOC/GEN/G13/165/05/PDF/G1316505.pdf?OpenElement
•
Unspeakable Truths: Transitional Justice and the Challenge of Truth
Commissions, Priscilla B. Hayner, Routledge, New York, 2011.
•
Truth Seeking: Elements of Creating an Effective Truth Commission, The
International Center for Transitional Justice
http://www.ictj.org/sites/default/files/ICTJ-Book-Truth-Seeking-2013English.pdf.
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•
Drafting a Truth Commission Mandate: A Practical Tool, The International
Center for Transitional Justice, http://ictj.org/sites/default/files/ICTJ-ReportDraftingMandate-Truth-Commission-2013_0.pdf.
•
José Zalaquett, “Balancing Ethical Imperatives and Political Constraints: The
Dilemma of New Democracies Confronting Past Human Rights Violations,”
Hastings Law Journal (1992): 1425-1438.
•
Truth Commissions Digital Database (website), U.S. Institute of Peace,
available at http://www.usip.org/publications/truth-commission-digitalcollection.
Class 7: Truth (cont’): Other Fact-Finding bodies, and Documentation / 1 hour of
presentations (Oct 20)
Questions to consider in preparation for class:
• How are a Commission of Inquiry or a Disappearance Commission
different from a Truth Commission?
• Why do documentation?
• How can documentation support other TJ mechanisms? What are some
of the challenges of documentation?
Required Readings: (not on Canvas)
• Siracusa guidelines for International, Regional, and National Fact-finding
bodies, 2013, (only read the Preface pp xiii-xvii),
http://intersentia.be/nl/pdf/viewer/item/id/9781780681931_0/
•
Syria Justice and Accountability website specifically read the “About” and
“What we do” sections and peruse the “Resources” and “Updates and Events”
sections. http://syriaaccountability.org/
•
The Documentation Center of Cambodia website: http://www.dccam.org/
•
Digital Archive of the Guatemalan National Police Historical Archive website
homepage and watch video: https://ahpn.lib.utexas.edu/ and read - From
Silence to Memory: Revelations of the AHPN, (only the Forward, Preface to
the English Translation, and Preface, pgs xiii-xxv, and Prologue, pgs xxix-xxxiii)
https://scholarsbank.uoregon.edu/xmlui/bitstream/handle/1794/12928/ahp
n_final_20130620.pdf?sequence=3&isAllowed=y
•
Watch ND-Burma Video Documentary: Torture and Ill- Treatment in Burma
Since the 2010 Elections, http://nd-burma.org/reports/multimediareports/extreme-measures-torture-and-ill-treatment-in-burma-since-the2010-elections/
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Class 8: Reparations and Memorialization/ 30 mins presentations (Oct 27)
Questions to consider in preparation for class:
• What are reparations?
• What types of reparation are there?
• Who is responsible for providing reparation?
• What are the challenges of designing and implementing a reparation
program?
• What is a memorial?
• What makes something a site of conscience?
Required Readings:
• Rule-of-Law Tools for Post-Conflict States: Reparations Programmes, Office of
the United Nations High Commissioner for Human Rights, available at
http://www.ohchr.org/Documents/Publications/ReparationsProgrammes.pdf.
•
Basic Principles and Guidelines on the Right to a Remedy and Reparation for
Victims of Gross Violations of International Human Rights Law and Serious
Violations of International Humanitarian Law, United Nations General
Assembly, Resolution 60/147 of 16 December 2005, available at
http://www2.ohchr.org/english/law/remedy.htm. (not on Canvas)
•
Judy Barsalou and Victoria Baxter, The Urge to Remember: The role of
memorials in social reconstruction and transitional justice, USIP, 2007.
http://www.usip.org/sites/default/files/srs5.pdf .
Additional Resources
• The Handbook of Reparations, Pablo De Greiff ed., The International Center
for Transitional Justice, Oxford University Press, 2006.
•
Reparations in Theory and Practice, The International Center for Transitional
Justice, Reparative Justice Series, 2007, available at
http://ictj.org/sites/default/files/ICTJ-Global-Reparations-Practice-2007English.pdf.
•
Reparations (webpage), The International Center for Transitional Justice,
available at http://www.ictj.org/our-work/transitional-justiceissues/reparations.
•
The Trust Fund for Victims (website) available at
http://www.trustfundforvictims.org/.
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•
Sebastian Brett, Louis Bickford, Liz Sev Enko, and Marcela Rios.
Memorialization and Democracy: State Policy and Civic Action, 2007,
http://www.swisspeace.ch/fileadmin/user_upload/Media/Topics/Dealing_wit
h_the_Past/Resources/Brett_Sebastian_Memorialization_and_Democracy.pd
f
•
Liz Sevcenka, The Power of Place: How Historic sites can engage citizens on
human rights issues, 2004. http://www.sitesofconscience.org/wpcontent/uploads/2012/10/Members_member-Benefits_005.pdf
•
Louis Bickford, Memoryworks/Memory Works, in Transitional Justice, Culture
and Society, Clara Ramirez-Barat (ed.), 2014, pp. 419-527.
https://s3.amazonaws.com/ssrccdn1/crmuploads/new_publication_3/%7B222A3D3D-C177-E311-A360001CC477EC84%7D.pdf
•
Elizabeth Jelin, The Politics of Memory: The Human Rights Movement and the
Construction of Democracy in Argentina, 1994.
http://www.latinamericanstudies.org/argentina/human-rights.pdf
•
International Coalition of Sites of Conscience, From Memory to Action: A
Toolkit for Memorialization in Post-Conflict Societies, Chapter 2:
Memorialization and Transitional Justice.
Class 9: Guarantees of Non-recurrence / 30 mins of presentations (Nov 3)
Questions to consider in preparation for class:
• Are there different types of guarantees of non-recurrence?
• What is the difference between lustration and a purge?
• What types of institutional reforms would be helpful to prevent
recurrence?
• What can communities do without formal government action to promote
non-recurrence?
Required Readings:
• Pablo de Greiff, UN Special Rapporteur on Truth, Justice, Reparations, and
Guarantees of Non-Recurrence, Report to the Human Rights Council, 2013
A/HRC/24/42 (on guarantees of non-recurrence) – soon to be posted.
•
Rule-of-Law Tools for Post-Conflict States: Vetting: An Operational Guideline,
Office of the United Nations High Commissioner for Human Rights, available
at http://www.ohchr.org/Documents/Publications/RuleoflawVettingen.pdf.
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•
Roger Duthie, “Introduction” to Justice as Prevention. Vetting Public
Employees in Transitional Societies, Alexander Meyer-Rieckh & Pablo de Greiff
eds., (New York: Social Sciences Research Council, 2007), pp. 17-34,
http://www.ssrc.org/publications/view/57EFEC93-284A-DE11-AFAC001CC477EC70/.
Additional Resources
• Justice as Prevention: Vetting Public Employees in Transitional Societies,
Alexander Mayer-Rieckh and Pablo de Greiff (eds.), available at
http://www.ssrc.org/publications/view/57EFEC93-284A-DE11-AFAC001CC477EC70/
•
Building Trust and Strengthening the Rule of Law: Vetting the Security Sector
in Nepal, Alexander Mayer-Rieckh, ICTJ Briefing, available at
http://ictj.org/publication/building-trust-and-strengthening-rule-law.
•
Vetting Public Employees in Post-conflict Settings: Operational Guidelines, UN
Development Programme, available at http://ictj.org/sites/default/files/ICTJUNDP-Global-Vetting-Operational-Guidelines-2006-English.pdf.
•
Magarditsch Hatschikjan, Dusan Reljic and Nenad Sebek (eds.), Disclosing
hidden history: Lustration in the Western Balkans - A Project Documentation
Thessaloniki, 2005.
•
Michelle Sieff and Leslie Vinjamuri Wright, Reconciling Order and Justice? New
Institutional Solutions in Post-Conflict States Journal of International Affairs,
1999, 52 (2), pp. 757-779.
Key Challenges
Class 10: Implementation challenges/ 30 mins of presentations (Nov 10)
Questions to consider in preparation for class:
• What is the relationship between the different TJ mechanisms and their
aims?
• Is there an ideal sequence or order to implementing different TJ
mechanisms?
• What different types of expertise are needed to design and implement
each type of TJ mechanism?
• How long does each mechanism take to implement and how much money
does each cost? Who should pay the bill?
• How do you safeguard the independence, impartiality, and transparency
of each TJ mechanism?
• How does anyone know what these mechanisms are doing?
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Required Readings:
• TBD
Class 11: Peace and Justice / 1 hour of presentations (Nov 17)
Questions to consider in preparation for class:
• Is there a tension between achieving peace and achieving justice? If so
how do you resolve this tension?
• How do you negotiate TJ into peace agreements when one or multiple
parties to the agreement are implicated in abuses?
Required Readings:
• Leslie Vinjamuri and Aaron Boesenecker, Accountability and Peace
Agreements: Mapping Trends from 1980 to 2006, HD Center Report, 2007.
http://www.swisspeace.ch/fileadmin/user_upload/Media/Topics/Dealing_wit
h_the_Past/Resources/Vinjamuri_Leslie_Accountability_and_Peace_Agreeme
nts.pdf
•
TBD
Class 12: Relationship to other fields and why it matters/ 1 hour of presentations (Nov
24)
Questions to consider in preparation for class:
• What other fields of study and practice does TJ overlap with?
• What are the relationships between TJ and these fields?
• Why does it matter?
Required Readings:
• TBD
Class 13: Assessing impact: Does it work (Dec 1)
Questions to consider in preparation for class:
• Does TJ work? How do we know?
• What measure/indicators can we use to measure the impact of TJ
mechanisms?
• Do some TJ mechanisms or combination of mechanisms work better than
others? Why or why not?
• Why does assessing impact matter?
Required Readings:
• TBD
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ADDITIONAL TEXTS AND USEFUL WEBSITES
Supplemental texts are listed below for the benefit of students who wish to have a deeper
grounding in the subject matter more generally. Supplemental materials on specific topics
are indicated below on the day those topics are discussed.
Legal Instruments
The following legal instruments are useful background readings for topics discussed during
the course:
1948 Convention on the Prevention and Punishment of the Crime of Genocide
1948 Universal Declaration of Human Rights
1949 Geneva Conventions their Additional Protocols, and their Commentaries.
1950 European Convention on the Protection of Human Rights and Fundamental Freedoms
1966 International Covenant on Civil and Political Rights
1966 International Covenant on Economic, Social and Cultural Rights
1969 American Convention on Human Rights
1984 African Charter on Human and People’s Rights
1984 Convention against Torture and Other Cruel, Inhuman and Degrading Treatment
1985 Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power
1998 Rome Statute of the International Criminal Court
2006 International Convention for the Protection of All Persons from Enforced
Disappearance
2006 Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of
Gross Violations of International Human Rights Law and Serious Violations of International
Humanitarian Law
Journals
Human Rights Quarterly
The International Journal of Transitional Justice (Oxford: Oxford University Press),
http://ijtj.oxfordjournals.org/.
‘Transitional Justice in the News,’ the monthly email newsletter of The International Center
for Transitional Justice; subscribe at www.ictj.org.
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Select UN Publications
United Nations Office of the High Commissioner for Human Rights, Rule-of-law tools for
Post-Conflict States, HR/PUB/06/1, 2006; HR/PUB/06/2, 2006; HR/PUB/06/3, 2006;
HR/PUB/06/4, 2006; HR/PUB/06/5; HR/PUB/08/1; HR/PUB/08/2; HR/PUB/08/2, access via
www.unhchr.org.
United Nations Secretary-General, Rule of Law Tools for Post-Conflict States: The Rule of Law
and Transitional Justice in Conflict and Post-Conflict Societies, S/2011/634 (2011), available
at http://www.unrol.org/files/S_2011_634EN.pdf.
Select List of Non-governmental Organizations
Center for Justice and Accountability: www.cja.org
Human Rights Watch: www.hrw.org/en/category/topic/international-justice
Impunity Watch: http://www.impunitywatch.org/html/index.php
International Center for Transitional Justice: www.ictj.org
International Federation for Human Rights: www.fidh.org
REDRESS: www.redress.org
United States Institute for Peace: www.usip.org
Select List of Academic Centers
Center for Civil and Human Rights, University of Notre Dame: http://law.nd.edu/center-forcivil-and-human-rights/
Human Rights Center, University of California at Berkeley:
http://www.law.berkeley.edu/HRCweb/index.html
Transitional Justice Institute, University of Ulster:
http://www.transitionaljustice.ulster.ac.uk/
Transitional Justice Research Group, Katholieke Universiteit, Leuven:
www.transitionaljustice.be
War Crimes Research Office, American University, Washington College of the Law:
http://www.wcl.american.edu/warcrimes/
War Crimes Research Portal, Case Western Reserve, School of Law:
http://law.case.edu/Academics/AcademicCenters/Cox/WarCrimesResearchPortal.aspx
Truth Commissions Digital Database, United States Institute of Peace:
http://www.usip.org/publications/truth-commission-digital-collection.
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Other websites
Website of the Mandate of the Special Rapporteur on the promotion of truth, justice,
reparation, and guarantees of non-recurrence:
http://www.ohchr.org/EN/Issues/TruthJusticeReparation/Pages/Index.aspx
Other Helpful Books
Allison Bisset, Truth Commissions and Criminal Courts (Cambridge: Cambridge University
Press, 2015).
Erin Daly and Jeremy Sarkin, Reconciliation in Divided Societies (Philadelphia: University of
Pennsylvania Press, 2007).
Pablo de Greiff and Roger Duthie, eds., Transitional Justice and Development; Making
Connections (New York: Social Sciences Research Council, 2009).
Jon Elster, Closing the Books: Transitional Justice in Historical Perspective (Cambridge:
Cambridge University Press, 2004).
Jon Elster, ed., Retribution and Reparation in the Transition to Democracy (Cambridge:
Cambridge University Press, 2006).
Mark Freeman, Necessary Evils. Amnesties and the search for justice (Cambridge: Cambridge
University Press, 2009).
Mark Freeman, Truth Commissions and Procedural Fairness (Cambridge: Cambridge
University Press, 2006).
David P. Forsythe, ed., Encyclopedia of Human Rights (Oxford: Oxford University Press,
2009).
Carla Hesse and Robert Post, eds., Human Rights in Political Transitions: Gettysburg to
Bosnia (New York: Zone Books, 1999).
Neil Kritz, ed., Transitional Justice three volumes, (Washington DC, USIP, 1995).
Jaime Malamud-Goti, A Game without End. State Terror and the Politics of Justice (Norman,
OK: University of Oklahoma Press, 1996).
Rama Mani, Beyond retribution: seeking justice in the shadows of war (Cambridge: WileyBlackwell, 2002).
Martha Minow, Between Vengeance and Forgiveness: Facing history after genocide and
mass violence (Boston: Beacon Press, 1998).
Guillermo O’Donnell, Philippe C. Schmitter, and Laurence Whitehead, eds. Transitions from
Authoritarian Rule, Comparative Perspectives (Baltimore and London: The Johns Hopkins
University Press, 1986).
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Guillermo O’Donnell and Philippe C. Schmitter, Transitions from Authoritarian Rule:
Tentative Conclusions about Uncertain Democracies (Baltimore and London: The Johns
Hopkins University Press, 1986).
Moses C. Okello¸ed. Where Law Meets Reality. Forging African Transitional Justice (Oxford:
Pambazuka Press, 2012).
Naomi Roht-Arriaza and Javier Mariezcurrena, eds., Transitional Justice in the 21st Century:
Beyond Truth versus Justice (Cambridge: Cambridge University Press, 2006), ISBN 10: 0-52167750-5/ISBN: 13 978-0-5231-67750-9
Naomi Roht-Arriaza, ed., Impunity and Human Rights in International Law and Practice
(Oxford: Oxford University Press, 1995).
Lavinia Stan and Nadia Nedelsky, eds., Encyclopedia of Transitional Justice (Cambridge:
Cambridge University Press, 2013).
Eric Stover and Harvey M. Weinstein, eds., My Neighbor, My Enemy, Justice and Community
in the Aftermath of Mass Atrocity (Cambridge: Cambridge University Press, 2004).
Rosalind Shaw, Lars Waldorf, and Pierre Hazan, eds., Localizing Transitional Justice.
Interventions and priorities after mass violence (Palo Alto: Stanford University Press, 2010).
Ruti Teitel, Transitional Justice (Oxford: Oxford University Press, 2000).
Lawrence Weschler, A Miracle, a Universe. Settling accounts with torturers (New York:
Pantheon Books, 1990).
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