September 2020 - August 2021
Study Mode Full-time
Application start 18 November 2019
Application end 28 February 2020
Application end (with scholarship) 31 January 2020
Core courses are mandatory and are spread over the two semesters. They are structured in six modules that cover central theoretical and practical issues in the fields of transitional justice, human rights and the rule of law.
Module 1 – Legal, Ethical and Conceptual Frameworks / Module 2 – Human Rights and the Rule of Law in Transitional Contexts / Module 3 – Institutional Reform, Rule of Law and Constitution-Making / Module 4 – Social Transformation and Transitional Justice / Module 5 – Criminal Justice / Module 6 – Transitional Justice in Practice
This course addresses transitional justice in the context of peace negotiations in civil wars. Adopting a variety of disciplinary angles, the course explores (putative) international norms on addressing transitional justice in the context of peace negotiations and the different ways in which peace negotiations have dealt with transitional justice issues. It starts by exploring big concepts and norms and tests in a moot negotiation how these concepts and norms might express themselves in an actual negotiation. The course then examines texts of actual peace agreements to see whether we can evaluate how transitional justice issues have been addressed and to assess the status of these documents.
International criminal justice is an important component of transitional justice. It involves the identification of individual perpetrators and their punishment, generally by significant periods of detention. Yet, some important experiments in transitional justice, like that of post-apartheid South Africa, have chosen to forego criminal justice. Difficulties and tensions may arise where international law and international courts and tribunals impose requirements on transitional justice, which is largely administered at the national level. This course provides an introduction to the major themes of international criminal justice from the perspective of transitional justice. It provides an overview of past and current international criminal tribunals including the International Criminal Court; a review of the international crimes that form the subject matter of international criminal law; an examination of the function of international criminal justice within the practice of transitional justice, including the competing objectives of accountability, peace and truth-seeking; the availability, legitimacy and legality of amnesty and similar measures, and issues in the relationship between bodies such as truth and reconciliation commissions and criminal prosecution measures.