Seeking Justice while Negotiating Peace: An Essay on the (In)Compatibility of Transitional Justice Measures in Peace Negotiations
Seeking Justice while Negotiating Peace: An Essay on the (In)Compatibility of Transitional Justice Measures in Peace Negotiations
Author(s): Kaja NanutSubject(s): Human Rights and Humanitarian Law, Law and Transitional Justice, Sociology of Law, Peace and Conflict Studies
Published by: Udruženje “Pravnik”
Keywords: Justice; negotiating peace; transitional justice; human rights abuse;
Summary/Abstract: Much of the 'Peace vs. Justice' debate revolves around the question whether transitional justice measures pose an obstacle to peace negotiations and endanger durable peace or the opposite, whether they enable peace negotiations and in the long-term contribute to durable peace in conflict-affected societies. A strong focus on justice can hinder the peace process and fuel conflict, while sacrificing justice in the hope of securing peace can fail to discourage future severe human rights abuses. In this paper I discuss prosecuting war crime suspects through national and international courts while negotiating peace and consider the legitimacy of measures associated with abstaining from post-conflict justice, such as amnesty and exile.
Journal: International Journal on Rule of Law, Transitional Justice and Human Rights
- Issue Year: 4/2013
- Issue No: 4
- Page Range: 11-20
- Page Count: 10
- Language: English