This seminar explores many of the real-life dilemmas negotiated around the world in countries emerging from dictatorship and conflict. Drawing upon contemporary international examples students will have an opportunity to explore key transitional justice dilemmas. These include such questions as whether ‘transitional justice’ is different from ‘ordinary justice’; whether legal mechanisms can assist in achieving truth, justice, and/or reconciliation; or whether these goals are sometimes antithetical? The seminar will enable students to engage with international criminal law, international humanitarian law and human rights law, and in particular, to analyse how these international legal frameworks are used by international and national courts to hold human rights violators to account. Students will also be encouraged to examine alternative mechanisms for promoting reconciliation and accountability, such as truth commissions, reparations, restorative justice and vetting programmes. In addition, the seminar will consider the relevance of gender to transitional justice theory and mechanisms by mainstreaming gender analysis through each substantive issue addressed.
