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The dynamics of transitional justice: international models and local realities in East Timor

Journal Article


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Abstract


  • [extract] As Ruti Teitel has outlined, transitional justice can be seen as evolving in three

    phases. The first involved criminal trials, such as Nuremberg and Tokyo, which

    sought to hold individuals accountable for abuses of human rights during World War

    II, and this was buttressed by the development of various international legal

    instruments to protect rights which today constitute a central aspect of approaches to transitional justice. In the 1980s and 1990s a second phase of transitional justice

    occurred with post-dictatorship tribunals and bodies such as truth commissions, both

    of which ‘thickened’ transitional justice by introducing a restorative element. The

    third phase has involved the normalisation of transitional justice mechanisms through

    international tribunals and the International Criminal Court, and national and hybrid

    tribunals and courts increasingly link transitional justice with modern state-building in

    post-conflict societies. As Lia Kent outlines in this important study, in the case of East

    Timor (Timor Leste) the ‘toolkit’ for dealing with post-conflict situations involved

    both retributive and restorative mechanisms, but international and local agendas can

    differ widely when it comes to the idea of a society ‘moving on’.

Publication Date


  • 2014

Citation


  • Hawksley, C. (2014). The dynamics of transitional justice: international models and local realities in East Timor. Griffith Law Review, 23 (1), 147-149.

Ro Full-text Url


  • http://ro.uow.edu.au/cgi/viewcontent.cgi?article=2954&context=lhapapers

Ro Metadata Url


  • http://ro.uow.edu.au/lhapapers/1948

Number Of Pages


  • 2

Start Page


  • 147

End Page


  • 149

Volume


  • 23

Issue


  • 1

Abstract


  • [extract] As Ruti Teitel has outlined, transitional justice can be seen as evolving in three

    phases. The first involved criminal trials, such as Nuremberg and Tokyo, which

    sought to hold individuals accountable for abuses of human rights during World War

    II, and this was buttressed by the development of various international legal

    instruments to protect rights which today constitute a central aspect of approaches to transitional justice. In the 1980s and 1990s a second phase of transitional justice

    occurred with post-dictatorship tribunals and bodies such as truth commissions, both

    of which ‘thickened’ transitional justice by introducing a restorative element. The

    third phase has involved the normalisation of transitional justice mechanisms through

    international tribunals and the International Criminal Court, and national and hybrid

    tribunals and courts increasingly link transitional justice with modern state-building in

    post-conflict societies. As Lia Kent outlines in this important study, in the case of East

    Timor (Timor Leste) the ‘toolkit’ for dealing with post-conflict situations involved

    both retributive and restorative mechanisms, but international and local agendas can

    differ widely when it comes to the idea of a society ‘moving on’.

Publication Date


  • 2014

Citation


  • Hawksley, C. (2014). The dynamics of transitional justice: international models and local realities in East Timor. Griffith Law Review, 23 (1), 147-149.

Ro Full-text Url


  • http://ro.uow.edu.au/cgi/viewcontent.cgi?article=2954&context=lhapapers

Ro Metadata Url


  • http://ro.uow.edu.au/lhapapers/1948

Number Of Pages


  • 2

Start Page


  • 147

End Page


  • 149

Volume


  • 23

Issue


  • 1