September 2017 - August 2018
Application start 15 November 2016
Application end 27 February 2017
Application end (with scholarship) 30 January 2017
Module 1 - The Legal, Ethical and Conceptual Frameworks of Transitional Justice / Module 2 - Human Rights in Transitional Contexts / Module 3 - Institutional Reform and the Rule of Law / Module 4 - Transitional Justice, Development and Economic, Social and Cultural Rights / Module 5 - Criminal Justice and the Fight against Impunity
What might ‘coming to terms with the past’ mean when societies emerge from civil wars or oppressive regimes? What does justice ‘in transition’ entail and how can it be achieved in such extraordinary circumstances? How can we meaningfully speak of reconciliation in such contexts? And what does international law prescribe with regard to these situations? This introductory course explores the legal and ethical frameworks of transitional justice. It also provides an introduction to the history and concept of transitional justice and to current debates revolving around the ‘what’, ‘how’ and ‘who’ of transitional processes.
What is the place of transitional justice and peacebuilding in international law? What relevant principles and norms can be derived from the law governing the use of force and the collective security system, humanitarian law, international criminal law and human rights? What, in particular, are the international rules applicable to externally imposed regime change and to the administration of territories in places such as Iraq, Afghanistan, Libya and Timor-Leste? This course provides an introduction to the international legal framework applicable to transitional contexts, with a special focus on armed conflict and peacebuilding.
What is the distinctive gender dimension of mass violence and large-scale human rights violations? How can it be integrated into transitional justice norms and practices? What are the recent legal and policy developments in this area, particularly at the level of the United Nations (UN)? This course sheds light on the history and concept of gender studies and their impact on current transitional justice debates. It focuses especially on developments at the UN level.