Finding Space for Criminal Prosecutions Post‐Conflict

Journal of Applied Philosophy 33 (1):53-68 (2016)
  Copy   BIBTEX

Abstract

Post-conflict criminal prosecutions for the worst of crimes can play a meaningful role in achieving transitional justice. This once-common view has recently been the subject of widespread criticism that is rooted in the belief that criminal prosecutions undermine reconciliation. This has lead some scholars to argue that we must either abandon criminal prosecutions post-conflict or that we ought to use them for more general transitional justice aims, like restorative justice. This article argues against abandoning criminal prosecutions post conflict and against subsuming criminal justice aims under restorative or reconciliatory aims. When post-conflict criminal prosecutions are properly structured and practiced they can bolster respect for the international, regional and domestic rule of law and in that way limit conflict in a number of important ways

Other Versions

No versions found

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 98,169

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

International Criminal Court, the Trust Fund for Victims and Victim Participation.Jovana Davidovic - 2013 - In Larry May & Edenberg Elizabeth (eds.), Jus Post Bellum and Transitional Justice. Cambridge: Cambridge University Press. pp. 217-243.
International Criminal Courts and Political Reconciliation.Tracy Isaacs - 2016 - Criminal Law and Philosophy 10 (1):133-142.
Symbolic closure through memory, reparation and revenge in post-conflict societies.Brandon Hamber - 1999 - Braamfontein, Johannesburg, South Africa: Centre for the Study of Violence and Reconciliation.
Transitional Justice in Post-Conflict Societies.Augostine Ekeno - 2016 - Journal for Peace and Justice Studies 26 (2):3-21.
International Criminal Trials and the Circumstances of Justice.Colleen Murphy - 2018 - Criminal Law and Philosophy 12 (4):575-585.
Political reconciliation and international criminal trials.Colleen Murphy - 2010 - In Larry May & Zachary Hoskins (eds.), International Criminal Law and Philosophy. Cambridge University Press.

Analytics

Added to PP
2014-12-13

Downloads
35 (#519,663)

6 months
7 (#589,206)

Historical graph of downloads
How can I increase my downloads?

Author's Profile

Jovana Davidovic
University of Iowa

Citations of this work

No citations found.

Add more citations

References found in this work

Truth telling as reparations.Margaret Walker - 2010 - Metaphilosophy 41 (4):525-545.
International Criminal Court, the Trust Fund for Victims and Victim Participation.Jovana Davidovic - 2013 - In Larry May & Edenberg Elizabeth (eds.), Jus Post Bellum and Transitional Justice. Cambridge: Cambridge University Press. pp. 217-243.

Add more references