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Justice after Conflict : Human Rights in a Dilemma

Ivarsson, Niclas (2008)
Human Rights Studies
Abstract
This essay explores the concept of restorative justice in post-conflict reconciliation environments. Through a human rights perspective the author sees a conflict between restorative justice and retributive justice. This is presented in a theoretical framework for post-conflict reconciliation. To more explicitly illustrate the advantages of restorative justice the example of South Africa is used. The transition from apartheid to democracy that was facilitated by the Truth and Reconciliation Commission in the 1990's is an example of where tribunals like Nuremburg after World War II would most likely have had sever and dire consequences in form of a racially fueled civil war.

This eventuality is something that human rights advocates must... (More)
This essay explores the concept of restorative justice in post-conflict reconciliation environments. Through a human rights perspective the author sees a conflict between restorative justice and retributive justice. This is presented in a theoretical framework for post-conflict reconciliation. To more explicitly illustrate the advantages of restorative justice the example of South Africa is used. The transition from apartheid to democracy that was facilitated by the Truth and Reconciliation Commission in the 1990's is an example of where tribunals like Nuremburg after World War II would most likely have had sever and dire consequences in form of a racially fueled civil war.

This eventuality is something that human rights advocates must not forget when the discourse today almost entirely is focused on tribunals and particularly the International Criminal Court, in other words retributive justice. (Less)
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author
Ivarsson, Niclas
supervisor
organization
year
type
L2 - 2nd term paper (old degree order)
subject
keywords
Post-Conflict Reconciliation, Restorative Justice, Human Rights, South Africa, Mänskliga rättigheter
language
English
id
1317002
date added to LUP
2008-05-27
date last changed
2014-09-04 08:27:49
@misc{1317002,
  abstract     = {This essay explores the concept of restorative justice in post-conflict reconciliation environments. Through a human rights perspective the author sees a conflict between restorative justice and retributive justice. This is presented in a theoretical framework for post-conflict reconciliation. To more explicitly illustrate the advantages of restorative justice the example of South Africa is used. The transition from apartheid to democracy that was facilitated by the Truth and Reconciliation Commission in the 1990's is an example of where tribunals like Nuremburg after World War II would most likely have had sever and dire consequences in form of a racially fueled civil war.

This eventuality is something that human rights advocates must not forget when the discourse today almost entirely is focused on tribunals and particularly the International Criminal Court, in other words retributive justice.},
  author       = {Ivarsson, Niclas},
  keyword      = {Post-Conflict Reconciliation,Restorative Justice,Human Rights,South Africa,Mänskliga rättigheter},
  language     = {eng},
  note         = {Student Paper},
  title        = {Justice after Conflict : Human Rights in a Dilemma},
  year         = {2008},
}