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Transitional JusticeNOMOS LI$
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Melissa S. Williams, Rosemary Nagy, and Jon Elster

Print publication date: 2012

Print ISBN-13: 9780814794661

Published to NYU Press Scholarship Online: March 2016

DOI: 10.18574/nyu/9780814794661.001.0001

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Theorizing Transitional Justice

Theorizing Transitional Justice

Chapter:
(p.31) 1 Theorizing Transitional Justice
Source:
Transitional Justice
Author(s):

Pablo De Greiff

Publisher:
NYU Press
DOI:10.18574/nyu/9780814794661.003.0002

This chapter outlines a normative conception of transitional justice, focusing on the UN Secretary General's Report, “The Rule of Law and Transitional Justice in Conflict and Post-Conflict Societies.” This report offers not only a definition of transitional justice but also a sophisticated understanding of the notion. It defines transitional justice as “the full range of processes and mechanisms associated with a society's attempts to come to terms with a legacy of large-scale past abuses, in order to ensure accountability, serve justice and achieve reconciliation.” However, the chapter argues that the consensus around any given understanding of transitional justice and its components is far from complete. The idea that transitional justice should be conceived of holistically, as stated in the Secretary General's Report, clashes, in practice, with the tendency of governments and others to think that the different measures can be traded off against one another.

Keywords:   transitional justice, The Rule of Law, Secretary General's Report, accountability, justice, reconciliation

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