University of Essex

LW927-7-SP-CO:
Transitional Justice

The details

Year: 2023/24

Department: Essex Law School

Campus: Colchester Campus

Term: Spring

Level: Postgraduate: Level 7

Status: Current

Start date: Monday 15 January 2024

End date: Friday 22 March 2024

Credits: 15

Last updated: 20 October 2023

Requisites for this module

Pre-requisites: (none)

Co-requisites: (none)

Pre and / or co-requisites: (none)

Prohibited modules: (none)

Key module (requisite for): (none)

Key module for

(none)

Module description

The concept of transitional justice has long found its way into the legal, social and political discourses in societies undergoing fundamental social change. From Syria to Mexico, to the Gambia and Colombia, transitional justice is part of political interventions today.

Broadly speaking, it refers to the belief that where mass atrocities have taken place key stakeholders should engage with a set of judicial and non-judicial processes in order to achieve a successful transition from conflict to peace or repression to democracy.

Module aims

It aims to deal with the legacy of mass atrocities and some would add that it also has key forward looking goals such as social justice. Although transitional justice processes can be traced back at least to the Nuremberg trials, it was only in the 1990s that the term itself began to be used to refer to those judicial and non-judicial processes and mechanisms in a systematic manner. However, as we will learn in this module, the meaning, scope and aims of transitional justice are still far from clear and uncontested and many questions remain to be answered in terms of how best to operationalise its four key pillars: truth, justice, reparation and guarantees of non-recurrence.

Module learning outcomes

The module will provide students with an overview of the history, theory, legal background and dilemmas of transitional justice, followed by in-depths discussions of the four pillars of transitional justice, truth, justice, reparations and guarantees of non-recurrence, and of their interrelatedness. Students will also be introduced to selected current topics including whether it is feasible and desirable to enlarge the field of transitional justice, whether it is possible to have a holistic approach to TJ where all mechanisms coexist and are able to deliver on their goals, etc. In class we will also look at various States undergoing transitions but we will have a specific class on Colombia and the ambitious transitional justice system it has established. We will also deal a lot with how context shape transitional justice.

Module information

Potential topics to be covered
1. Introduction to transitional justice (history, theory, dilemmas)
2. The obligation to investigate, prosecute and punish (Part I)
3. Amnesties under international law (Part II)
4. The right to know the truth
5. The right to reparation
6. Guarantees of Non-Recurrence
7. Transitional justice actors and institutions
8. Taking stock of transitional justice experiences: Colombia
9. Expanding transitional justice: Addressing the economic and social dimensions

Learning and teaching methods

This module will be taught via weekly 2-hour seminars. The module teaching team will upload all relevant teaching materials on Moodle. You will find reading lists, the textbook, weekly handouts or PPS notes on Moodle. The materials in question are designed both to help you navigate the material to be covered in the seminars and to equip you to analyse the required readings. You will be expected to have completed the required readings in advance of your seminars.

Bibliography

Paige Arthur (2009) ‘How “Transitions” Reshaped Human Rights: A Conceptual History of Transitional Justice’, Human Rights Quarterly, 31(2). Available at: http://heinonline.org/HOL/Page?public=false&handle=hein.journals/hurq31&id=329.
UN. Secretary-General (no date) ‘Guidance note of the Secretary-General?:: United Nations approach to transitional justice.’ Available at: https://digitallibrary.un.org/record/682111?ln=en.
Murphy, C. (2017) The conceptual foundations of transitional justice. Cambridge: Cambridge University Press. Available at: https://www-cambridge-org.uniessexlib.idm.oclc.org/core/books/conceptual-foundations-of-transitional-justice/989DAFCD8E1BCCF2716308D0B87AB2CE.
Orentlicher, D. (2005b) ‘Updated set of principles for the protection and promotion of human rights through action to combat impunity.’ Available at: https://undocs.org/Home/Mobile?FinalSymbol=E%2FCN.4%2FSub.2%2F1997%2F%252020%2FRev.1&Language=E&DeviceType=Desktop&LangRequested=False.
Hayner, P.B. (2011) Unspeakable truths: transitional justice and the challenge of truth commissions. 2nd ed. New York: Routledge.
De Greiff, P. (28AD) ‘Report of the Special Rapporteur on the Promotion of Truth, Justice, Reparation and Guarantees of Non-Recurrence, Pablo de Greiff, Report to the Human Rights Council.’ Available at: https://digitallibrary.un.org/record/762926.
Orentlicher, D.F. (1991) ‘Settling Accounts: The Duty to Prosecute Human Rights Violations of a Prior Regime’, The Yale Law Journal, 100(8). Available at: https://doi.org/10.2307/796903.
Nelson Camilo Sánchez, L. and Uprimny Yepes, R. (2019) ‘The Challenges of Negotiated Transitions in the Era of International Criminal Law’, in Beyond the Binary: Securing Peace and Promoting Justice after Conflict. Bogota, D.C: Dejusticia. Available at: https://www.dejusticia.org/wp-content/uploads/2019/03/Beyond-the-Binary-Securing-Peace-and-Promoting-Justice-after-Conflict.pdf.
De Greiff, P. (no date) ‘Report of the Special Rapporteur on the Promotion of Truth, Justice, Reparation and Guarantees of Non-Recurrence, Pablo de Greiff.’ Available at: https://digitallibrary.un.org/record/780679?ln=en.
‘Azanian Peoples Organization (AZAPO) and Others v President of the Republic of South Africa and Others (CCT17/96) [1996] ZACC 16; 1996 (8) BCLR 1015; 1996 (4) SA 672 (25 July 1996)’ (no date). Available at: https://www.saflii.org/za/cases/ZACC/1996/16.html.
Inter-American Court of Human Rights (no date b) Massacres of El Mozote and nearby places v El Salvador. Merits, Reparations and Costs. Judgment of 25 October 2012. Series C No 252, Concurring opinion of Judge Diego Garcia-Sayán. Available at: https://www.corteidh.or.cr/docs/casos/articulos/seriec_252_ing1.pdf.
Convention on the Prevention and Punishment of Genocide (1948) (no date). Available at: https://www.un.org/en/genocideprevention/documents/atrocity-crimes/Doc.1_Convention%20on%20the%20Prevention%20and%20Punishment%20of%20the%20Crime%20of%20Genocide.pdf.
IHL Treaties - Geneva Convention (I) on Wounded and Sick in Armed Forces in the Field,1949 - Commentary of 2016 Article | Article 49 - Penal sanctions | Article 49 (no date). Available at: https://ihl-databases.icrc.org/en/ihl-treaties/gci-1949/article-49/commentary/2016.
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment | OHCHR (no date). Available at: https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-against-torture-and-other-cruel-inhuman-or-degrading.
International Convention for the Protection of All Persons from Enforced Disappearance (no date). Available at: https://www.ohchr.org/en/instruments-mechanisms/instruments/international-convention-protection-all-persons-enforced.

The above list is indicative of the essential reading for the course.
The library makes provision for all reading list items, with digital provision where possible, and these resources are shared between students.
Further reading can be obtained from this module's reading list.

Assessment items, weightings and deadlines

Coursework / exam	Description	Deadline	Coursework weighting
Exam	Main exam: In-Person, Open Book, 180 minutes during Summer (Main Period)
Exam	Reassessment Main exam: Remote, Open Book, 24hr during September (Reassessment Period)

Exam format definitions

Remote, open book: Your exam will take place remotely via an online learning platform. You may refer to any physical or electronic materials during the exam.
In-person, open book: Your exam will take place on campus under invigilation. You may refer to any physical materials such as paper study notes or a textbook during the exam. Electronic devices may not be used in the exam.
In-person, open book (restricted): The exam will take place on campus under invigilation. You may refer only to specific physical materials such as a named textbook during the exam. Permitted materials will be specified by your department. Electronic devices may not be used in the exam.
In-person, closed book: The exam will take place on campus under invigilation. You may not refer to any physical materials or electronic devices during the exam. There may be times when a paper dictionary, for example, may be permitted in an otherwise closed book exam. Any exceptions will be specified by your department.

Your department will provide further guidance before your exams.

Overall assessment

Coursework	Exam
0%	100%

Reassessment

Coursework	Exam
0%	100%

Module supervisor and teaching staff

Supervisor: Prof Sabine Michalowski, email: smichal@essex.ac.uk.

Teaching staff:

Contact details: Law Education Office, pgtlawqueries@essex.ac.uk

Availability

Available to incoming Essex Abroad / Exchange students: Yes

Available to Outside Option: No

Available to Audit: Yes

External examiner

Name: Dr Luke Moffett

Resources

Teaching materials: Available via Moodle

Lecture recording: Of 18 hours, 18 (100%) hours available to students:
0 hours not recorded due to service coverage or fault;
0 hours not recorded due to opt-out by lecturer(s), module, or event type.

Further information

Department website: Essex Law School

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Module Directory

LW927-7-SP-CO:Transitional Justice