Justice Under Transitional Administration: Contours and Critique of a Paradigm

Source: (2004) Houston Journal of International Law. 27(2):311-344.

This article seeks to focus on two aspects of this paradigm [transitional justice]: on its contours and on some of its critiques. The analysis starts with a study of the anatomy of the administration of justice under a transitional administration. This contribution argues that justice under a transitional administration differs in a number of ways from purely domestic or international forms of justice and mixed models of adjudications, namely by its rationale, its features, and its challenges. This analysis is followed by an assessment of how the challenge of the restoration of justice has been approached in different contexts of transition. The aim of this survey is to highlight the current flaws and deficiencies of contemporary practice and to add some brief suggestions to address some of the existing shortcomings (excerpt).