S. Transitional Justice
Course Information
- Course Number
- L9165
- Curriculum Level
- Upperclass
- Areas of Study
- Human Rights, International and Comparative Law, Racial, Economic, and Social Justice
- Type
- Seminar
Section 001 Information
Instructor
Section Description
This seminar will examine the legal, ethical, conceptual, and policy issues confronting societies and successor governments in dealing with past violence and violations of human rights committed during the tenure of undemocratic and repressive regimes. It will review various sources of international law regarding state obligations in dealing with past violations and will consider a number of case studies to determine how and why emerging democracies (and in some cases, established democracies) have succeeded or failed in fulfilling these duties and in dealing with the past, as well as the implications of changing patterns of conflict and the prevalent role and responsibility of non-state actors.
The course will expose students to complex transitional justice debates in domestic and international law (such as the permissibility of amnesties and the rights of victims, and the relationship between judicial and non-judicial forms of accountability for major international crimes) and will tease out the dilemmas presented in the delicate balance between normative legal obligations and the realities of political governance and fragile peace processes. This seminar is designed to test and debate the relationship between politics and law and between peace and justice - particularly in the complex context of societies seeking to come to terms with past violations whilst building the capacities of fragile states and consolidating delicate peace processes.
The seminar will examine the range of transitional justice mechanisms that may enhance accountability and counteract impunity for past violations of human rights. It will pay special attention to truth seeking and the work of recent Truth Commissions, as well as their growing impact on both law and policy. The course will also focus on the role of the International Criminal Tribunals and will examine the particular position and role of the International Criminal Court (ICC). The seminar will examine reparations programs for victims, as well as the critical issues associated with not only individual responsibility for past violations, but institutional complicity and the challenges this presents for institutional reform measures, the rule of law, and the rebuilding of civic trust in emerging democracies. The seminar will also engage with the gender dimensions of transitional justice and will navigate the complex relationship between peace-building, social justice and development in the context of delicate peace processes.
The seminar will aim to combine an analysis of relevant international and domestic law with a factual scrutiny of a number of case studies which might include: South Africa, Uganda, Liberia, Kenya, Zimbabwe, Sudan, Nepal, Colombia, Peru, Argentina, East Timor, Guatemala and Indonesia, as well as several others. In fact, students will be encouraged to help structure the class by bringing cases and examples that interest them to the seminar table, to stimulate debate and discussion. Indeed, the course will endeavor to retain a relevance and an ability to engage with current processes and developments as they evolve in various regions of the world.
The seminar will be structured around the key contemporary legal and political debates in the field, and students will be required to participate actively in class and write a graded paper which selects a key thematic issue or which analyzes a selected country case study involving ongoing conflict or a situation in which there has recently been a transition from conflict and/or human rights abuse to a more stable or democratic government.
As this course is structured around the relationship between 'law and politics' in the international arena, an interdisciplinary approach is encouraged, and students from other graduate divisions of the University are encouraged to apply for admission. Instructor will select students from waitlist.
Professor Simpson will be selecting students from the waitlist.
- School Year & Semester
- Fall 2023
- Location
- WJWH L104
- Schedule
-
Class meets on
- Thursday
- Points
- 2
- Method of Evaluation
- Paper
- J.D Writing Credit?
- Minor (automatic)
- Major (only upon consultation)
- Writing Credit Note
- A limited number of students who complete this course and thereafter wish to undertake applied or field research, or a major writing credit, may register for supervised research during the Spring semester or a major writing credit.
Learning Outcomes
- Primary
-
- At the end of the course students will have acquired an understanding of the value - and practical limits - of international normative legal frameworks in shaping behavior in conflict zones around the world.
- Students will have acquired a practical grasp of the complementary value of judicial and non-judicial forms of accountability (at international, national and local levels) in helping societies deal with the legacy of systematic violations of human rights.
- Students will acquire a practical, contextual (rather than merely conceptual) and interdisciplinary understanding of the complex relationship between politics and law in societies emerging from conflict and dealing with past violations of human rights.
- Students will have an exposure to, understanding of, and a practical ability to connect with and engage in the fields of transitional justice, peacebuilding and international human rights.
- By the end of the seminar, students will have acquired some critical skills essential to engage in deliberation and debate on a wide range of contemporary issues of politics and justice in international affairs.
- Secondary
-
- At the end of the course, students will have acquired an understanding of and/or an ability to apply other disciplines in the analysis of legal problems and institutions, e.g., sociology, anthropology, psychology, philosophy, economics, history, etc.
- At the end of the course, students will have acquired a practical understanding of the influences of political institutions in the function and application of the law
Course Limitations
- Instructor Pre-requisites
- None
- Instructor Co-Requisites
- None
- Requires Permission
- No
- Recommended Courses
- International Law or Human Rights Law Peace and conflict
- Other Limitations
- None