Goals of Justice

Defining Justice

· A new or nominally (поіменно) new regime’s legal and symbolic responses to past human rights violation (порушення).

o Not always conducted (керувати) by democrats

o Not about revenge

o Core (серцевина) rights violations vs. economic rights violations

Nominally new, cause often times when we have a democratization process at the begin they don’t always end the way we expect them to end in democracy. Transitional justice is still a policy option with many regimes that pretend to be democracy, but as we see historically is that many dictators even those who have pretended to be democracies have tried to separate themselves from the old dictatorship by talking about human rights violations. When we talk about transitional justice it’s about straighten in a rule of law, but it could include revenge. Transitional justice usually focused on core (серцевина) human rights violations: arbitrate detention (арешт), torture, disappearance. In literature transitional justice à justice for the worst violations, a lack of economic rights in societies.

Goals of Justice

· Deterrence (залякування) - what would happen if…?

· Signal the start of institutional reforms

· Demonstrate that all citizens are liable (зобов'язаний) under the same law

· Encourage public support for previously absent democratic values

· Forge (вигадувати) a common historical understanding – you establish truth, this might include providing a public platform for victims, encourage public deliberation (обговорення, міркування) of what happened.

· Demonstrate new elites’ institutional disapproval (несхвалення) of rights violation – we categorically hold these abuses.

· Enhance (збільшувати) the legitimacy of new elites - We are definitely now that they were.

Studies on Transitional justice are frequently set on under around a threat of criminal justice. Dictatorship who next take a power or the democratic regimes; whoever is in power is gonna see that if they do sth that violence human rights they could stand behind accountable and face a core of law in future. It make them think twice before they do this. It’s hard to prove.

All this help to contribute (сприяти) to two broad overage objectives:

· Reconciliation (примирення): “process through which a society moves from a divided past to a shares future”

o Social repair at the individual and societal levels

· Democratic consolidation (об'єднання, зміцнення): the creation of institutions that both politicians and their publics support

By individualizing victims, by saying that he/she was responsible for those particular abuses (жорстокеставлення) justice policies can radiate a danger of collective guilt. The point of transitional justice is to stop and say ‘no’, these individuals did it (violence) and no one else was responsible for this. The main idea of transitional justice is that if you individualize a guilt and criminal responsibility in general it frees people from the collective guilt. (Якщо ти знайдеш того, хто відповідає за насильство над людським правами, тоді ти звільниш інших від загальної відповідальності за причину зло)à reconciliation is a transformation of a post conflict society from antagonism and distrust to relationship between people to respect cooperation between people. Reconciliation takes place on 2 levels à individual and societal. Individual à personal hostility (ворожнеча) and guilt, for societal à we constructing relations between within communities and also between political groups and factions (фракція, розбіжності)..democratic consolidation à include rule of law; all the democratic institutions are place and people are respect to these institutions. Reconciliation and democratic consolidation can be closely linked, cause without reconciliation you will not get democratic consolidation.

Дата добавления: 2015-10-29