International Justice Outside of Criminal Courtrooms and Jailhouses
Arcs of Global Justice: Essays in Honour of William A. Schabas, Margaret M. deGuzman and Diane Marie Amann, eds, January 2018
21 Pages Posted: 11 Jan 2018
Date Written: January 10, 2018
Abstract
This paper examines alternate forms of transitional justice, notably, customary forms of dispute resolution, restitution, reparations, amnesties, and civil sanctions. It suggests that the international community’s preference for criminal trials as accountability mechanisms in the aftermath of genocide results in the ‘othering’ of these alternate forms of justice. Such ‘othering’ narrows legal pluralism to questions of the location of criminal process and the imposition of custodial punishment (who prosecutes, who sentences?), rather than a richer examination of how deployment of a conceptual diversity of overlapping mechanisms could promote shared objectives of accountability, justice, and transition.
Keywords: Accountability Mechanisms, Alternative Forms of Justice, Amnesties, Civil Law, Civil Sanctions, Criminal Courts, Criminal Courtrooms, Criminal Process, Criminal Trials, Custodial Punishment, Dispute Resolution, Genocide, Justice, Legal Pluralism, Reparations, Restitution, Transitional Justice
JEL Classification: K0, K1, K14, K4, K41, K42
Suggested Citation: Suggested Citation