Course overview
Transitional justice is those measures by which a society accounts for past abuses as it transits from a state of conflict, apartheid or dictatorship, where the perpetrators of violence enjoy impunity, to civil peace, where the state seeks to provide justice and security to its citizens. In this course, students consider the effectiveness of these measures, which include constitution-making, amnesty agreements, truth commissions, lustration processes and courts, whether international, local or hybrid. These measures are examined through case studies: South Africa's Truth and Reconciliation Commission, the work of international organisations and courts in Bosnia and Herzegovina, the United Nations' Mission in East Timor, local 'Gacaca' courts in Rwanda and the process of drafting constitutions in countries such as Afghanistan and Iraq. The course also addresses the aims of these transitional measures, for example, the fact that restorative justice in the form of a truth commission places emphasis on the need for reconciliation between victims and perpetrators rather than simply punishment of the latter.
Course learning outcomes
- Undertake legal research at a high level of complexity, especially in relation to the legal principles, systems, institutions and processes that operate during a society’s transition from a state of conflict to a state of peace.
- Deploy advanced skills in the interpretation of statutes, conventions, amnesty agreements and other legal instruments to resolve complex legal problems pertaining to transitional justice.
- Identify and evaluate relevant practical, ethical, moral and cultural issues relevant to transitional justice, and demonstrate personal and professional judgement in addressing these issues.
- Effectively structure and articulate legal arguments relevant to transitional justice measures orally and in writing.