Undergraduate - UnitLAW4242 - Introduction to transitional justice

The term 'transitional justice' refers to the various judicial and non-judicial measures that may be implemented in order to redress a legacy of human rights abuses. Such measures include criminal prosecutions, truth commissions, reparations and different forms of institutional reform.

This unit will be divided into three parts. Part I will provide an overview of transitional justice. It will consider the meaning of the term "transitional justice" and provide a framework through which the concept of transitional justice may be viewed. It will also discuss the dilemmas inherent in dealing with a legacy of human rights abuse. For example, we will discuss the tension between peace and justice, the advantages and disadvantages of local versus international mechanisms for achieving justice, the tension between allocating resources to dealing with the past and allocating resources to building a better future. We will also consider the various contexts in which transitional justice mechanisms may be applicable. For example, we will consider the transition from dictatorship to democracy, the implementation of transitional justice mechanisms in conflicted democracies and the ways in which countries like Australia may use transitional justice mechanisms to deal with a legacy of human rights abuse against indigenous populations.

Part II of this unit will engage in a more detailed discussion of the actual transitional justice mechanisms. For example, we will consider the nature of prosecutions and the different types of prosecutions available. We will consider the option of a truth commission and how this compares with prosecutions. We will also consider the concept of reparations both from a moral and a legal standpoint and we will discuss the importance of institutional reform.

Part III of this unit will use case studies to ground students' understanding of the subject matter in concrete examples. For example, we will consider the South African truth commission and consider the role that it played in South Africa's transition from apartheid to democracy. We will consider the "Arab Spring" and the role of transitional justice in those societies. In addition to exploring the transitional justice programmes implemented in different countries, we will also engage in a comparative analysis of the various case studies.