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Truth and reconciliation commission south africa
Truth and reconciliation committee in south africa of gugulethu seven and its impact
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There is little doubt that the process of transitional justice is a long and complex process of political, social and economic changes - especially considering the fact that it usually occurs in post-conflict societies and thus in nations that are still in a process of being shaped. Today’s theory on transitional justice emerged from historic tribunals, such as the Nurnberg trials after WWII, and truth and/or reconciliation commissions, for example the Gacaca courts after the Rwandan genocide or the post-apartheid Truth and Reconciliation Commission. Even though some of these institutions pioneered some 70 years ago, very little research has been done on their operation modes and their actual outcomes - most studies tend to focus on how methods should operate in lieu of devoting their analysis to how they really operated.
According to Graham, reconciliation is both “… a goal in the sense that it aims to restore relationships or to promote agonism or mutual tolerance, respect, and dignity […] [And] it is a process because it requires multiple modes, steps, stages, and transformations across all levels of society and amongst all stakeholders in a conflict” (Graham 2015). Through reconciliation and the related processes of restorative justice, parties to the dispute explore and overcome the pain brought on by the conflict and find ways to build trust and live cooperatively with each other. Restorative justice seeks to have a positive impact on offenders by confronting them with the consequences of their actions and delineating their responsibilities, giving them both the opportunity to repair the damage caused to the victim and to work on finding a solution to their problems (Umbreit, Bradshaw and Coates, 1999). According to Philpott, there are six components of political reconciliation: building socially just institutions and relations between states, acknowledgement, reparations, punishment, apology, and forgiveness (Philpott
2. Did you easily find the National Criminal Justice Reference Service when you searched for NCJRS on the search tools?
Question 1. Both Thomas Mathiesen and Stanley Cohen argue that alternative criminal justice responses that were presented after the 1970s were not real alternatives (Tabibi, 2015a). The ‘alternatives’ which are being questioned are community justice alternatives generally, and Restorative Justice specifically. The argument here is that Restorative Justice cannot be a real alternative because it is itself finished and is based on the premises of the old system (Mathiesen, 1974). Moreover, Restorative Justice is not an alternative, as it has not solved the issues surrounding the penal system (Tabibi, 2015a). Cohen (1985) supports this sentiment, and suggests that community based punishment alternatives have actually led to a widening and expansion
Mallinder, Louise. "Can Amnesties and International Justice Be Reconciled?" The International Journal of Transitional Justice 1.2 (2007): 208-30.
The criminal justice system, like any system designed by human beings, clearly has its flaws. (Ben Whishaw). There has been numerous occasions that have showed the flaws of our justice ststem from convicting a person of a crime in ehich they did not commit, to the wrongfull execution of an innoncent person. Although the United States justice system was created to serve and protect the American people being fair to all, it continues to show evidence of the flaws within the system.
Stewart, M. (2011). The space between the steps: reckoning in an area of reconciliation. Contemporary Justice Review, 14(1), 43-63. Retrieved from http://www.informaworld.com/smpp/content~db=all?content=10.1080/10282580.2011.541076
The criminal justice system is always criticized for a range of issues concerning the injustices that has taken place throughout history and even today. Many political leaders and social activists have sought to reform the criminal justice system; however, some have realized that there are systematic barriers that inhibit reformation. Political ...
The ICTR had been created in November 1994 and installed in Arusha in February the following year. In April it had produced its own list of four hundred genocide suspects, supposed to be more neutral than the various lists produced in Rwanda itself. A year later it was still floundering about, complaining about “lack of means,” not having even produced any indictment, much less
“Restorative justice is an approach to crime and other wrongdoings that focuses on repairing harm and encouraging responsibility and involvement of the parties impacted by the wrong.” This quote comes from a leading restorative justice scholar named Howard Zehr. The process of restorative justice necessitates a shift in responsibility for addressing crime. In a restorative justice process, the citizens who have been affected by a crime must take an active role in addressing that crime. Although law professionals may have secondary roles in facilitating the restorative justice process, it is the citizens who must take up the majority of the responsibility in healing the pains caused by crime. Restorative justice is a very broad subject and has many other topics inside of it. The main goal of the restorative justice system is to focus on the needs of the victims, the offenders, and the community, and focus
The creation of the International Criminal Court (ICC) was not the first attempt to create an international court. The first international trial can be traced back to 1474 when a war crime was tried by the Holy Roman Empire. In this case, a man named P...
Marks, Stephen P. "Elusive Justice For The Victims Of The Khmer Rouge." Journal Of International Affairs 52.2 (1999): 691. MasterFILE Premier. Web. 19 Dec. 2011. .
Wemmers (1996) highlights that an effective criminal justice system also protects human rights. Victims are gradually being seen as the notable possessors of such rights that lead to reviews in our domestic system and also by international bodies. The protection of said rights, such as in South Africa where less express definitions between ‘victim’ and ‘human’ rights are being made by policy m...
...., Raič, and Thuránszky J., The International Court of Justice: its future role after fifty
Restorative Justice is an approach to the justice system that focuses on the needs of both the
After decades of war in Afghanistan in late 2001, first attempts have already been made by Afghans and international organizations to consult the Afghan people on how to build capacities in pace-building which was an encouraging sign. However, the people in general are still too reluctant to speak about their suffering during the war. Instead, their current priority is to struggle for economic survival in the highly competitive post-conflict reconstruction business with its emerging social injustice. This pragmatic attitude causes a basic problem. If the past is not addressed, efforts to build a lasting peace are endangered. As lessons from other post-conflict societies have shown, national reconciliation contributes to overcoming the past and reuniting a war-divided society (Schirch, Rafiee, & Sakhi, 2013). There are several ways to bring about peace, stability and harmony in Afghanistan. This paper reviews some issues crucial for discussing and designing a strategy of national reconciliation. Moreover, for narrowing the gap between the rival perceptions there is also a need for an Afghan peace process to prepare the ground for peace-building and a future reconciliation process and implementation of an Afghan mechanism of national reconciliation including the ‘’lessons learned’’ from the post-conflict societies.