2 Walden alumni, 2 countries and 1 goal: justice
Jul 28, 2009
from Shannon Mouton's post on Walden University Alumni Association Blog:
What determines whether retributive justice, restorative justice, or a combination of the two is appropriate in a given civil war situation? There are a number of factors that go into making that judgment, including the relative strength of the country’s government, the international political landscape, and whether or not the threat of international criminal courts may deter war criminals from ending the war. The motivation in choosing either type of justice, says Apori-Nkansah, is to have peace: “Is this the approach which will give us the peace we are looking for?”
The case of Sierra Leone represented the first time that a war crimes tribunal and a TRC operated in a country concurrently. Apori-Nkansah’s dissertation found that, in the case of Sierra Leone, because the two institutions for justice “were not planned and coordinated as different parts of the same tool, they were pitched against each other, undermining their respective mandates and creating tensions in their efforts to implement their plans.” The dissertation recommends that “the policy choice, design, and packaging of restorative and retributive mechanisms for post-conflict transitional justice should […] link seamlessly to the strategic goal of peace and stability.”
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