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Beyond Traditional Notions of Transitional Justice: How Trials, Truth Commissions, and Other Tools for Accountability Can and Should Work Together

By Donald L Hafner and Elizabeth B. L. King

Abstract

Civil conflicts marked by human rights violations leave devastated communities in their wake. The international community has an interest in assuring that justice is done, an interest which the recent establishment of the International Criminal Court (ICC) confirms. The authors argue the ICC should be augmented by additional mechanisms to bear the burden of doing justice and reconstructing communities after such civil conflicts. This Article explores the potential tensions among such mechanisms, including national human rights trials, truth commissions, and community-based gacaca, and emphasizes the importance of consult-ing victims in resolving these tensions. The authors conclude that the ICC should take the lead in coordinating the different mechanisms discussed in the Article as part of post-conflict reconstruction

Topics: Courts, Criminal Procedure, Human Rights Law
Publisher: Digital Commons @ Boston College Law School
Year: 2007
OAI identifier: oai:lawdigitalcommons.bc.edu:iclr-1089
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