Transitional Justice in Theory and Practice

How do states or societies that have suffered massive human rights abuses deal with the complex legacies of their past as they transition to peace and (often) democracy? What can policymakers or activists do to defuse the bitterness of past conflict or repression and meet rhetorical and political demands for justice? These questions are far from theoretical: a significant and increasing number of countries have pursued such policies in recent years, ranging from Rwanda, Sierra Leone to Peru, as well as many other countries. This course examines the ethical, political, legal, and practical challenges of designing and implementing transitional justice policies. It begins by examining the development of transitional justice as a field. It sets out the developing legal framework, as well as the practical constraints and ethical dilemmas that make transitional justice such a complicated field. Policy considerations derived from best practice are also discussed. The course then examines specific elements of transitional justice strategies in depth. These include, but are not limited to: prosecution of perpetrators, from international-level mechanisms to hybrid and domestic tribunals; truth-seeking, whether conducted as part of official state policy or as a result of unofficial initiatives; the challenges in designing and implementing reparations programs; and complex issues of vetting and institutional reform. Questions related to transitional justice in situations of ongoing conflict will also be explored, as well as the concepts of reconciliation and historical memory. Readings will cover relevant international standards and methodological/theoretical questions. Actual examples from diverse regions will be used throughout the course. A newly expanded focus of discussion will include how the US could utilize transitional justice to examine past wrongs committed within and related to this country, including slavery, post-slavery discrimination, Japanese/American internment, treatment of Native Americans, as well as the current need for police and other reforms in light of the ¿black lives matter¿ movement.