Transitional Justice - Post-Post-Soviet Space and Beyond

Title	% from total grade	Grade
1. Individual work	-	-
During the module students will prepare for the seminars, read literature and prepare a presentation. The aim of seminars is to develop students' ability to argue and present their opinion in a consistent and logical manner; to promote activity; to test students’ knowledge of the topic and materials in question. The aim of the presentation is to develop the ability to identify the key issue of the topic; to identify and evaluate alternative arguments and views; to offer an opinion, explaining and arguing why this particular opinion is better than any other. The report should compare all possible alternatives, considering all their strengths and weaknesses. Another goal is to develop skills to independently study the situation and the problem, give it an assessment and be able to find solutions. In order to evaluate the quality of the study course as a whole, the student must fill out the study course evaluation questionnaire on the Student Portal.

Title	% from total grade	Grade
1. Examination	-	-
In each seminar students will present case studies of transitional justice measures applied in specific region and the class will be able to discuss and compare the measures applied in neighboring countries. Further on the class will discuss either the specific articles from mandatory literature or discuss questions on basis of the literature read. Students work in groups of three, where the group is working on a specific region. The group is to prepare a case study research on transitional justice measures applied in at least indicated countries in the region, to present their cases as experts in the class. Length of presentations: max 30 minutes. Presentations are followed by a discussion on differences and similarities between the countries. The focus of the discussion should be on applied TJ mechanisms, the principles why they were chosen, who made the decisions, effectiveness, and comparison among other countries in the region or in the world in similar circumstances. Activity and preparedness during seminars shall be evaluated assessing: • speaking up in full-group discussions; • providing helpful follow-up questions to presenters; • eliciting comments from other classmates; and • contributing to the learning of your fellow students. It is expected that all students have acquainted themselves with general facts about the region and historical circumstances of transition (either from e.g. Editor’s Introductions in Neil J. Kritz Transitional Justice. How Emerging Democracies Reckon with Former Regimes, ICTJ homepage, any history book or from the internet). At the end of most seminars there will be discussions on the ideas expressed in the articles. Students are to read the articles indicated under seminar topic. Additional literature is optional and indicated for the purposes to understand the issues in depth.
2. Examination	-	-
Attendance and activity during lectures – 20%. Activity and preparedness during seminars – 30%. Case study presentation – 25%. Final exam – 25%.

What is transitional justice? Emergence of transitional justice as a branch of science Description Annotation: To understand what transitional justice is, questions must initially be answered – what is justice – and what transitions and changes are in the focus of attention of this science. The lecture will address these questions and provide an overview of the time and circumstances in which transitional justice emerged as a branch of science. Literature: “What Is Transitional Justice? | ICTJ.” https://www.ictj.org/about/transitional-justice Paige Arthur. “How Transitions Reshaped Human Rights: A Conceptual History of Transitional Justice.” Human Rights Quarterly 31, no. 2 (2009): 321–67. https://muse.jhu.edu/article/265306.

Goals, means, approach of transitional justice Description Annotation: The lecture will provide an overview of the elements (mechanisms) of the transitional justice and the objectives of their application. There is no common example for countries to follow, in each case the choice of mechanisms and how to apply them should take into account the specific circumstances, local culture, societal norms, history, experience with the previous regime. All these circumstances together determine the application of which mechanisms could be more successful. Literature: United Nations Human Rights Council, Report of the Special Rapporteur on the Promotion of Truth, Justice, Reparation, and Guarantees of Non-Recurrence, Pablo de Greiff. UN Doc. A/HRC/21/46 (2012), http://www.ohchr.org/Documents/HRBodies/HRCouncil/RegularSession/Session21/A-HRC-21-46_en.pdf; Part III B-E (p. 5-14). Guidance Note of the Secretary-General. “United Nations Approach to Transitional Justice,” 2010. http://www.un.org/ruleoflaw/files/TJ_Guidance_Note_March_2010FINAL.pdf. Neil J. Kritz. “The Dilemmas of Transitional Justice.” In Transitional Justice. How Emerging Democracies Reckon with Former Regimes : In 3 Vol. / Ed.by Neil J.Kritz, Vol. 1, xix–xxx. Washington: United States Institute of Peace Press, 1995. Jeremy Webber. “Forms of Transitional Justice.” American Society for Political and Legal Philosopy: NOMOS 51 (2012): 98–128. https://www.jstor.org/stable/24220125. Jon Elster. “Justice, Truth, Peace.” American Society for Political and Legal Philosopy: NOMOS 51 (2012): 78–97. https://www.jstor.org/stable/24220124.

Historical stages of transitional justice Description Annotation: The lecture will look at the emergence of transitional justice, experiences of the first deliberate application of transitional justice mechanisms, as well as three (or even four) phases of the development of transitional justice. Literature: Jon Elster. Closing the Books : Transitional Justice in Historical Perspective. Cambridge University Press, 2004. Ch. 1, 2 (history), Ch 3 (phases, overview). Paloma Aguilar Fernández, Alexandra Barahona de Brito, and Carmen González Enríquez. The Politics of Memory: Transitional Justice in Democratizing Societies. Oxford Studies in Democratization. Oxford University Press, 2001.(Introduction, p. 1-14). Alexander Laban Hinton; Wayne Babchuk et al. Transitional Justice: Global Mechanisms and Local Realities after Genocide and Mass Violence. Rutgers University Press, 2010. Introduction. Toward an Anthropology of Transitional Justice. Ruti Teitel, Editorial Note-Transitional Justice Globalized, International Journal of Transitional Justice, Volume 2, Issue 1, March 2008, Pages 1–4. https://doi.org/10.1093/ijtj/ijm041

Overview of regions and processes. Levels and institutions involved Description Annotation: The lecture will start a general overview of the process of transitional justice in the world. Further, we will address the different levels at which these processes take place, and for the persons (agents) involved. Transitional justice can take place at different levels and involve a number of actors: supranational institutions, states, corporations, individuals. Literature: Jon Elster. Closing the Books : Transitional Justice in Historical Perspective. Cambridge University Press, 2004. Ch 4 (parts IV, V). Paloma Aguilar Fernández, Alexandra Barahona de Brito, and Carmen González Enríquez. The Politics of Memory. [Electronic Resource] : Transitional Justice in Democratizing Societies. Oxford Studies in Democratization. Oxford University Press, 2001. Introduction, p. 1-14

Actors and their roles Description Annotation: Transitional justice mechanisms are more often applied by supranational institutions and states and are generally directed against natural and legal persons – victims and perpetrators. However, these are not the only agents and their roles also tend to be complicated. These roles should be identified when considering the applicable transitional justice mechanisms. The lecture will provide insight into the various and complex roles. When the previous regime is replaced by a new one, those in power must take decisions: Who will be recognised as victims and who as the perpetrators? What sufferings will we recognise? Will we and how will we compensate for them? Who are the perpetrators? Should every perpetrator be held responsible? The lecture will reveal these matters and dilemmas to be addressed by representatives of the new regimes. Literature: Jon Elster. Closing the Books : Transitional Justice in Historical Perspective. Cambridge University Press, 2004. Ch 4 (parts IV, V, VI), Ch. 5 (wrongdoers), Ch. 6. (victims).

Trials and amnesties Description Annotation: An important question to be answered at each change of regime is how to deal with supporters of the previous regime. Do the perpetrators have to be tried or do they have to be amnestied? This dilemma is not straightforward, and the answer depends on each particular situation. Literature: Tricia D. Olsen, Leigh A Payne, and Andrew G Reiter. “The Justice Balance: When Transitional Justice Improves Human Rights and Democracy.” Human Rights Quarterly 32, no. 4 (2010): 980-1007. https://doi.org/10.1353/hrq.2010.002. Kathryn Sikkink and Hun Joon Kim. “The Justice Cascade: The Origins and Effectiveness of Prosecutions of Human Rights Violations.” Annual Review of Law and Social Science 9, no. 1 (November 3, 2013): 269–85. https://doi.org/10.1146/annurev-lawsocsci-102612-133956.

Trials and amnesties. Tribunals and courts Description Annotation: In the lecture, we will look at the most well-known tribunals and courts established: The Nuremberg Military Tribunal and the Nuremberg trials, the Tokyo Tribunal, the International Criminal Tribunal for Rwanda, the former Yugoslavia, as well as the International Criminal Court. Literature: “Criminal Justice | ICTJ.” https://www.ictj.org/our-work/transitional-justice-issues/criminal-justice Global Policy Forum. International Criminal Tribunals and Special Courts. https://www.globalpolicy.org/international-justice/international-criminal-tribunals-and-special-courts.html International Criminal Court. https://www.icc-cpi.int/ Rome Statute of the International Criminal Court, UN Doc. A/CONF.183/9 (1998), http://legal.un.org/icc/statute/99_corr/cstatute.htm , Articles 5–8. United Nations International Criminal Tribunal for Rwanda Basic documents and Case law http://www.ictrcaselaw.org/ United Nations International Residual Mechanism for Criminal Tribunals https://unictr.irmct.org/en International Criminal Tribunal for the former Yugoslavia https://www.icty.org/ Optional reading: Cecile Aptel. “International and Hybrid Criminal Tribunals: Reconciling or Stigmatizing?” In Paige Arthur. Identities in Transition: Challenges for Transitional Justice in Divided Societies. Cambridge University Press: Cambridge University, 2010, pp 149-86.

Truth Commissions Description Annotation: After devastating conflicts or the overthrow of a repressive regime, knowledge of the human rights violations that have occurred is an important step towards justice, the rule of law and reconciliation. Both victims and perpetrators have the right to know the past. The lecture will address one of the mechanisms of transitional justice: truth and reconciliation commissions.  Literature: “Truth and Memory | ICTJ.” https://www.ictj.org/our-work/transitional-justice-issues/truth-and-memory International Center of Transitional Justice. “Truth Seeking Elements of Creating an Effective Truth Commission,” 2013, https://www.ictj.org/sites/default/files/ICTJ-Book-Truth-Seeking-2013-English.pdf, Ch. 1 (The Right to Truth), Ch. 2 (What Are Truth Commissions?) (p.1-12). Priscilla B. Hayner. Unspeakable Truths: Transitional Justice and the Challenge of Truth Commissions. 2nd ed., Routledge Ltd - M.U.A., 2010 (Chapter 3) Priscilla B. Hayner. “Fifteen Truth Commissions - 1974 to 1994: A Comparative Study.” Human Rights Quarterly 16, no. 4 (1994): 597–655. Optional reading: Priscilla B. Hayner. Unspeakable Truths: Transitional Justice and the Challenge of Truth Commissions. 2nd ed., Routledge Ltd - M.U.A., 2010 (pārējās nodaļas).

Truth Commissions. Description Annotation: In the lecture, we will continue the talk about truth commissions and look at various reparation and restitution programmes, analysing their objectives and the results to be achieved. Literature: Debra Satz. “Countering the Wrongs of the Past: The Role of Compensation.” In Transitional Justice : NOMOS LI, 129–50. Nomos Li. New York: NYU Press, 2012. UN Sub-Commission on the Promotion and Protection of Human Rights, Study concerning the right to restitution, compensation and rehabilitation for victims of gross violations of human rights and fundamental freedoms : final report / submitted by Theo van Boven, Special Rapporteur., 2 July 1993, E/CN.4/Sub.2/1993/8, https://www.refworld.org/docid/3b00f4400.html, Part IV (p. 21-38). Bernadette Atuahene. “Property & Transitional Justice.” SSRN Electronic Journal, 2012, 1–20. https://doi.org/10.2139/ssrn.1589073. Rhodri C. Williams. The Contemporary Right to Property Restitution in the Context of Transitional Justice. International Center for Transitional Justice, 2007. https://www.ictj.org/sites/default/files/ICTJ-Global-Right-Restitution-2007-English.pdf. Pablo de Greiff. “Justice and Reparations.” In The Handbook of Reparations, 451–72. Oxford University Press, 2006. https://doi.org/10.1093/0199291926.003.0013.

Reparations and compensation programmes. Institutional reforms. Vetting. Other mechanisms Description Annotation: Reform of public institutions is an essential step in ensuring respect for human rights. Governance reforms are an important transitional justice mechanism that ensures both responsibility and prevents recurrence of violations. In the course of reforms, in line with the objectives of transitional justice, it is possible to ensure both responsibility and neutralise the stages in which violations were committed. At the lecture we will discuss what mechanisms institutional reforms include. In conclusion, various mechanisms that may be applied during the transitional period will be considered. Literature: Reading: Pablo de Greiff. “Justice and Reparations.” In The Handbook of Reparations, 451–72. Oxford University Press, 2006. https://doi.org/10.1093/0199291926.003.0013. Monika Nalepa. Skeletons in the Closet: Transitional Justice in Post-Communist Europe. Leiden: Cambridge University Press, 2009, Introduction. “Transitional Justice Issues| ICTJ.” https://www.ictj.org/our-work Optional reading: International Center of Transitional Justice. “Justice as Prevention. Vetting Public Employees in Transitional Societies/ Ed. by Alexander Mayer-Rieckh and Pablo de Greiff.” Social Science Research Council, 2007. https://s3.amazonaws.com/ssrc-cdn1/crmuploads/new_publication_3/justice-as-prevention-vetting-public-employees-in-transitional-societies.pdf. Introduction. Cynthia M. Horne. “Transitional Justice: Vetting and Lustration.” Forthcoming in Dov Jacobs (ed.), Research Handbook on Transitional Justice (E. Elgar)https://cynthiamhorne.weebly.com/uploads/8/9/9/8/8998042/horne--vetting_and_lustration-preprint.pdf

Individual consultations Description Annotation: Topic for seminar: Europe after WWII: Germany and Nazi occupied territories. Discussion on prosecutions and denazification. Who and how carried out the prosecutions? What were their goals? Who was put on trial and why? What is understood by denazification? How it was carried out? What were the aims? How differed the results of prosecution and denazification? Literature: International Military Tribunal At Nuremberg https://encyclopedia.ushmm.org/content/en/article/international-military-tribunal-at-nuremberg David Cohen. "Transitional Justice in Divided Germany After 1945." p. 59-88 In Jon Elster. Retribution and Reparation in the Transition to Democracy. Cambridge: Cambridge University Press, 2006. Ariel Colonomos and Andrea Armstrong. “German Reparations to the Jews after World War II.” In The Handbook of Reparations, 390–413. Oxford University Press, 2006. https://doi.org/10.1093/0199291926.003.0011. Additional literature: John Authers. “Making Good Again: German Compensation for Forced and Slave Laborers.” In The Handbook of Reparations, 420–42. Oxford University Press, 2006. https://doi.org/10.1093/0199291926.003.0012. Control Council Law No. 10. Punishment of persons guilty of war crimes, crimes against peace and against humanity. https://www.legal-tools.org/doc/ffda62/pdf/ Neil J. Kritz, and Nelson Mandela. Transitional Justice. How Emerging Democracies Reckon with Former Regimes : In 3 Vol. / Ed.by Neil J.Kritz . Washington: United States Institute of Peace Press, 1995, Vol. 2 Country Studies. Germany (after Nazism), pp. 1-2, 43-69. Luc Huyse. “Justice after Transition: On the Choices Successor Elites Make in Dealing with the Past.” Law & Social Inquiry 20, no. 1, 1995., pp. 51–78. https://doi.org/10.1111/j.1747-4469.1995.tb00682.x. (Belgium, France, and The Netherlands). Luc Huyse. “Belgian and Dutch Purges after World War II Compared.” In Jon Elster. Retribution and Reparation in the Transition to Democracy. Cambridge: Cambridge University Press, 2006., pp. 164-178. Hans Fredrik Dahl. “Dealing with the Past in Scandinavia.” In Jon Elster. Retribution and Reparation in the Transition to Democracy. Cambridge: Cambridge University Press, 2006., pp. 147-163. Gary Jonathan Bass. Stay the Hand of Vengeance : The Politics of War Crimes Tribunals / Gary Jonathan Bass. Princeton: Princeton : Princeton University

Presentations of case studies: Argentina & Chile. Comparison analysis. Description Annotation: Topic of seminar: Southern Europe in 70s: Portugal, Spain, Greece. Discussion “What money can buy?” Why countries pay reparations? Why pay them after years? Why people reject money? What to compensate? What harms? Can moral harms be compensated? Can forced labor be compensated? Are moral and material restitution linked? What are the goals for reparations? Literature: Neil J. Kritz, and Nelson Mandela. Transitional Justice. How Emerging Democracies Reckon with Former Regimes : In 3 Vol. / Ed.by Neil J.Kritz . Washington: Washington : United States Institute of Peace Press, 1995, Vol. 2 Country Studies. Portugal. Spain. Greece. Jon Elster, "On Doing What One Can," East European Constitutional Review 1, no. 2, Summer 1992., pp. 15-17. International Center of Transitional Justice. “Justice as Prevention. Vetting Public Employees in Transitional Societies/ Ed. by Alexander Mayer-Rieckh and Pablo de Greiff.” Social Science Research Council, 2007. https://s3.amazonaws.com/ssrc-cdn1/crmuploads/new_publication_3/justice-as-prevention-vetting-public-employees-in-transitional-societies.pdf, (Chapter 3). Additional literature: Guillermo O’Donnell. Transitions from Authoritarian Rule : Southern Europe / Edited by Guillermo O’Donnell, Philippe C. Schmitter, and Laurence Whitehead . 2nd ed. Baltimore : Baltimore , 1986 (Chapter 4 (Spain), 5 (Portugal), 6 (Greece)) Josep Maria Tamarit Sumalla. “Transition, Historical Memory and Criminal Justice in Spain.” Journal of International Criminal Justice 9 (3), 2011., pp 729–52. Madeleine Davis. “Is Spain Recovering Its Memory - Breaking the Pacto Del Olvido.” Human Rights Quarterly 27, no. 3, 2005, pp. 858–80.

Discussion “Judge or forgive?” based on required readings. Description Annotation: Topic of the seminar: Africa: South Africa, Rwanda, Sierra Leone. Discussion “Judge or forgive?” Pros and cons of judging. Pros and cons of forgiving. What to choose: courts or truth commissions? Literature: Priscilla B. Hayner. Unspeakable Truths: Transitional Justice and the Challenge of Truth Commissions. 2nd ed., Routledge Ltd - M.U.A., 2010, (Chapter 3). Additional literature: International Center of Transitional Justice. “Justice as Prevention. Vetting Public Employees in Transitional Societies/ Ed. by Alexander Mayer-Rieckh and Pablo de Greiff.” Social Science Research Council, 2007. https://s3.amazonaws.com/ssrc-cdn1/crmuploads/new_publication_3/justice-as-prevention-vetting-public-employees-in-transitional-societies.pdf, (Chapter 1). Lisa J. Laplante, and Kimberly Theidon. “Transitional Justice in Times of Conflict: Colombia's Ley De Justicia y Paz.” Michigan Journal of International Law, vol. 28, no. 1, 2006, pp. 49–108. https://trialinternational.org/latest-post/augusto-pinochet-ugarte/ Elizabeth Lira. “The Reparations Policy for Human Rights Violations in Chile.” In The Handbook of Reparations, 55–94. Oxford University Press, 2006. https://doi.org/10.1093/0199291926.003.0003. José María Guembe. “Economic Reparations for Grave Human Rights Violations.” In The Handbook of Reparations, 21–47. Oxford University Press, 2006. https://doi.org/10.1093/0199291926.003.0002. GlobalSecurity.org| “The Trials of Augusto Pinochet” https://www.globalsecurity.org/military/world/chile/president-pinochet-trials.htm ICTJ. Transitional justice Handbook for Latin America. https://www.ictj.org/sites/default/files/ICTJ_Transitional_Justice_Handbook_2011_Eng.pdf. Roht-Arriaza, Naomi, and Javier Mariezcurrena. Transitional Justice in the Twenty-First Century : Beyond Truth versus Justice. Cambridge University Press, 2006 (Colombia, Argentina).

Presentations of case studies: South Africa & Rwanda. Comparison analysis. Description Annotation: Topic of seminar: South Africa, Rwanda, Sierra Leone. Discussion “To prosecute or to forgive?” Arguments for and against trials. Arguments for and against amnesties. Which to choose: truth commission or trial? Literature: Required reading: - Lyn S. Graybill “Pardon, Punishment, and Amnesia: Three African Post-Conflict Methods.” Third World Quarterly 25, no. 6., 2004., pp. 1117–30. https://doi.org/10.1080/0143659042000256922. - Watch movie “Invictus” (2009) directed by Clint Eastwood and starring Morgan Freeman and Matt Damon (available for rent in Google Play). Additional reading: -International Criminal Court. https://www.icc-cpi.int/ -United Nations International Residual Mechanism for Criminal Tribunals https://unictr.irmct.org/en -International Center of Transitional Justice. “Justice as Prevention. Vetting Public Employees in Transitional Societies/ Ed. by Alexander Mayer-Rieckh and Pablo de Greiff.” Social Science Research Council, 2007. https://s3.amazonaws.com/ssrc-cdn1/crmuploads/new_publication_3/justice-as-prevention-vetting-public-employees-in-transitional-societies.pdf, (Chapter 4). -Mahmood Mamdani. “Amnesty or Impunity? A Preliminary Critique of the Report of the Truth and Reconciliation Commission of South Africa (TRC).” Diacritics 32, no. 3/4 (2002): 33–59. https://doi.org/10.1353/dia.2005.0005. -Nigel Eltringham. “Judging the “Crime of Crimes”. Continuity and Improvisation at the International Criminal Tribunal for Rwanda.” In Alexander Laban Hinton. Transitional Justice : Global Mechanisms and Local Realities After Genocide and Mass Violence. Rutgers University Press, 2010, pp. 206-26. -Susan Thomson. “The Darker Side of Transitional Justice: The Power Dynamics behind Rwanda’s Gacaca Courts.(Report).” Africa 81, no. 3 (2011): 373. https://doi.org/10.1017/S0001972011000222. -Truth and Reconciliation Commission (South Africa), Truth and Reconciliation Commission Report, 7 vols. (1998), available at: http://www.justice.gov.za/trc/report/ -Joanna R.Quinn. Reconciliation(s) : Transitional Justice in Postconflict Societies. Studies in Nationalism and Ethnic Conflict. Montréal: MQUP, 2009 (Morocco, Rwanda, Uganda, South Africa, Lebanon).

Presentations of case studies: Poland & Germany. Comparison analysis. Description Annotation: Topic of seminar: The Balkans: Bulgaria, Romania, Slovenia. Discussion “Is there a blueprint for TJ?” Literature: Tricia D. Olsen, Leigh A Payne, and Andrew G Reiter. “The Justice Balance: When Transitional Justice Improves Human Rights and Democracy.” Human Rights Quarterly 32, no. 4 (2010): 980–1007. https://doi.org/10.1353/hrq.2010.002 . Additional literature: Neil J. Kritz, and Nelson Mandela. Transitional Justice. How Emerging Democracies Reckon with Former Regimes : In 3 Vol. / Ed.by Neil J.Kritz . Washington: Washington : United States Institute of Peace Press, 1995, Vol. 2 Country Studies: Bulgaria, Albania. Nadya Nedelsky and Lavinia Stan. 2015. Post-Communist Transitional Justice : Lessons From Twenty-Five Years of Experience. Cambridge: Cambridge University Press (Romania).

Presentations of case studies: Czech Republic & Slovakia. Comparison analysis. Description Annotation: Topic of seminar: Central Europe: Czechoslovakia, Germany (after 1989). Discussion: “The promise and perils of restitution.” Literature: Bernadette Atuahene. “Property & Transitional Justice.” SSRN Electronic Journal, 2012, 1–20. https://doi.org/10.2139/ssrn.1589073. Lavinia Stan. Transitional Justice in Eastern Europe and the Former Soviet Union : Reckoning with the Communist Past / Edited by Lavinia Stan. Routledge, 2009. (Chapters 2, 3) Istvan Pogany. Righting Wrongs in Eastern Europe / Istvan Pogany. Manchester University Press, 1997 (Part III). Nicolas J. Gutierrez Jr. “Righting Old Wrongs: A Survey of Restitution Schemes for Possible Application to a Democratic Cuba.” University of Miami Yearbook of International Law VO - 4, 1995, 111–50. (restitution) Additional literature: International Center of Transitional Justice. “Justice as Prevention. Vetting Public Employees in Transitional Societies/ Ed. by Alexander Mayer-Rieckh and Pablo de Greiff.” Social Science Research Council, 2007. https://s3.amazonaws.com/ssrc-cdn1/crmuploads/new_publication_3/justice-as-prevention-vetting-public-employees-in-transitional-societies.pdf, (Chapter 8, 9). Neil J. Kritz, and Nelson Mandela. Transitional Justice. How Emerging Democracies Reckon with Former Regimes : In 3 Vol. / Ed.by Neil J.Kritz . Washington: United States Institute of Peace Press, 1995, Vol. 2 Country Studies: Czechoslovakia, Germany (after Communism). Claus Offe and Ulrike Poppe. "Transitional Justice in the German Democratic Republic and in Unified Germany." p. 239-75 In Jon Elster. Retribution and Reparation in the Transition to Democracy. Cambridge: Cambridge University Press, 2006

Paper presentations: Does TJ work? Description Annotation: Topic of seminar: Central Europe: Poland and Hungary. Discussion “Dilemmas in vetting.” Targets, criteria, sanctions, and rationale. Watch movie “Blind Chance” (Polish: Przypadek) by Krzysztof Kieślowski (available on YouTube). Reading: excerpts from Mark Drumbl’s draft book (will be provided). Literature: Lavinia Stan. Transitional Justice in Eastern Europe and the Former Soviet Union : Reckoning with the Communist Past / Edited by Lavinia Stan. Routledge, 2009. (Chapters 4, 5) Monika Nalepa. Skeletons in the Closet: Transitional Justice in Post-Communist Europe. Leiden: Cambridge University Press, 2009, Introduction. International Center of Transitional Justice. “Justice as Prevention. Vetting Public Employees in Transitional Societies/ Ed. by Alexander Mayer-Rieckh and Pablo de Greiff.” Social Science Research Council, 2007. https://s3.amazonaws.com/ssrc-cdn1/crmuploads/new_publication_3/justice-as-prevention-vetting-public-employees-in-transitional-societies.pdf, (Chapter 6, 7). Additional reading: Neil J. Kritz, and Nelson Mandela. Transitional Justice. How Emerging Democracies Reckon with Former Regimes : In 3 Vol. / Ed.by Neil J.Kritz . Washington: Washington : United States Institute of Peace Press, 1995, Vol. 2 Country Studies: Hungary. Monika Nalepa. Skeletons in the Closet: Transitional Justice in Post-Communist Europe. Leiden: Cambridge University Press, 2009. Introduction. International Center of Transitional Justice. “Justice as Prevention. Vetting Public Employees in Transitional Societies/ Ed. by Alexander Mayer-Rieckh and Pablo de Greiff.” Social Science Research Council, 2007. https://s3.amazonaws.com/ssrc-cdn1/crmuploads/new_publication_3/justice-as-prevention-vetting-public-employees-in-transitional-societies.pdf.

Presentations of case studies: The Baltic States. Comparison analysis. Description Annotation: Topic of seminar: Th Baltic States. Discussion “Are TJ processes in FSU comparable with processes in South America or South Europe?”). Literature: Eva-Clarita Pettai and Vello Pettai. Transitional and Retrospective Justice in the Baltic States. Cambridge, United Kingdom : Cambridge University Press, 2015. Horne, et al. Transitional Justice and the Former Soviet Union : Reviewing the Past, Looking toward the Future / Edited by Cynthia M. Horne, Lavinia Stan. 2018, Chapter 7. Philippe Schmitter, and Terry Karl. “The Conceptual Travels of Transitologists and Consolidologists: How Far to the East Should They Attempt to Go?” Slavic Review, vol. 53, no. 1, 1994, pp. 173–185 (read last page, conclusion). Sarah Terry. “Thinking about Post-Communist Transitions: How Different Are They?” Slavic Review, vol. 52, no. 2, 1993, p. 333. Valerie Bunce. “Should Transitologists Be Grounded?” Slavic Review, vol. 54, no. 1, 1995, p. 111. Terry Karl, and Philippe Schmitter. “From an Iron Curtain to a Paper Curtain: Grounding Transitologists or Students of Postcommunism?” Slavic Review, vol. 54, no. 4, 1995, p. 965.

Presentations of case studies: Latvia & Moldova. Description Annotation: Topic of seminar: The former Soviet Union: possibilities, initiatives, challenges. Ukraine, Georgia, Moldova. Discussion: TBA. Literature: Horne, et al. Transitional Justice and the Former Soviet Union : Reviewing the Past, Looking toward the Future / Edited by Cynthia M. Horne, Lavinia Stan. 2018., Introduction, Chapters 1, 6, 8, 9, 11, 12. Lavinia Stan. Transitional Justice in Eastern Europe and the Former Soviet Union : Reckoning with the Communist Past / Edited by Lavinia Stan. Routledge, 2009. Chapter 10, Chapter 11. The UN High Commissioner of Refugees homepage: Country reports https://www.refworld.org/cgi-bin/texis/vtx/rwmain?page=topic&skip=0&tocid=50ffbce528c&toid=50ffbce5304 Howard Varney. Assessing the Prospects for Transitional Justice in Georgia. International Center of Transitional Justice, 2017, https://www.ictj.org/sites/default/files/ICTJ_Report_GeorgiaTJ_2017_EN.pdf

Paper presentations: focus on former Soviet Union. Description Annotation: Topic of seminar: The former Soviet Union. Non-transitions. Discussion: TBA. Literature: Horne, et al. Transitional Justice and the Former Soviet Union : Reviewing the Past, Looking toward the Future / Edited by Cynthia M. Horne, Lavinia Stan. 2018., 2, 4, 5, 16 (conclusion) Lavinia Stan. Transitional Justice in Eastern Europe and the Former Soviet Union : Reckoning with the Communist Past / Edited by Lavinia Stan. Routledge, 2009. Chapter 10, Chapter 11. The UN High Commissioner of Refugees homepage: Country reports https://www.refworld.org/cgi-bin/texis/vtx/rwmain?page=topic&skip=0&tocid=50ffbce528c&toid=50ffbce5304

Paper presentations: What can money buy?

Paper presentations: Memory laws and memory politics.

Exam

What is transitional justice? Emergence of transitional justice as a branch of science Description Annotation: To understand what transitional justice is, questions must initially be answered – what is justice – and what transitions and changes are in the focus of attention of this science. The lecture will address these questions and provide an overview of the time and circumstances in which transitional justice emerged as a branch of science. Literature: “What Is Transitional Justice? | ICTJ.” https://www.ictj.org/about/transitional-justice Paige Arthur. “How Transitions Reshaped Human Rights: A Conceptual History of Transitional Justice.” Human Rights Quarterly 31, no. 2 (2009): 321–67. https://muse.jhu.edu/article/265306.

Goals, means, approach of transitional justice Description Annotation: The lecture will provide an overview of the elements (mechanisms) of the transitional justice and the objectives of their application. There is no common example for countries to follow, in each case the choice of mechanisms and how to apply them should take into account the specific circumstances, local culture, societal norms, history, experience with the previous regime. All these circumstances together determine the application of which mechanisms could be more successful. Literature: United Nations Human Rights Council, Report of the Special Rapporteur on the Promotion of Truth, Justice, Reparation, and Guarantees of Non-Recurrence, Pablo de Greiff. UN Doc. A/HRC/21/46 (2012), http://www.ohchr.org/Documents/HRBodies/HRCouncil/RegularSession/Session21/A-HRC-21-46_en.pdf; Part III B-E (p. 5-14). Guidance Note of the Secretary-General. “United Nations Approach to Transitional Justice,” 2010. http://www.un.org/ruleoflaw/files/TJ_Guidance_Note_March_2010FINAL.pdf. Neil J. Kritz. “The Dilemmas of Transitional Justice.” In Transitional Justice. How Emerging Democracies Reckon with Former Regimes : In 3 Vol. / Ed.by Neil J.Kritz, Vol. 1, xix–xxx. Washington: United States Institute of Peace Press, 1995. Jeremy Webber. “Forms of Transitional Justice.” American Society for Political and Legal Philosopy: NOMOS 51 (2012): 98–128. https://www.jstor.org/stable/24220125. Jon Elster. “Justice, Truth, Peace.” American Society for Political and Legal Philosopy: NOMOS 51 (2012): 78–97. https://www.jstor.org/stable/24220124.

Historical stages of transitional justice Description Annotation: The lecture will look at the emergence of transitional justice, experiences of the first deliberate application of transitional justice mechanisms, as well as three (or even four) phases of the development of transitional justice. Literature: Jon Elster. Closing the Books : Transitional Justice in Historical Perspective. Cambridge University Press, 2004. Ch. 1, 2 (history), Ch 3 (phases, overview). Paloma Aguilar Fernández, Alexandra Barahona de Brito, and Carmen González Enríquez. The Politics of Memory: Transitional Justice in Democratizing Societies. Oxford Studies in Democratization. Oxford University Press, 2001.(Introduction, p. 1-14). Alexander Laban Hinton; Wayne Babchuk et al. Transitional Justice: Global Mechanisms and Local Realities after Genocide and Mass Violence. Rutgers University Press, 2010. Introduction. Toward an Anthropology of Transitional Justice. Ruti Teitel, Editorial Note-Transitional Justice Globalized, International Journal of Transitional Justice, Volume 2, Issue 1, March 2008, Pages 1–4. https://doi.org/10.1093/ijtj/ijm041

Overview of regions and processes. Levels and institutions involved Description Annotation: The lecture will start a general overview of the process of transitional justice in the world. Further, we will address the different levels at which these processes take place, and for the persons (agents) involved. Transitional justice can take place at different levels and involve a number of actors: supranational institutions, states, corporations, individuals. Literature: Jon Elster. Closing the Books : Transitional Justice in Historical Perspective. Cambridge University Press, 2004. Ch 4 (parts IV, V). Paloma Aguilar Fernández, Alexandra Barahona de Brito, and Carmen González Enríquez. The Politics of Memory. [Electronic Resource] : Transitional Justice in Democratizing Societies. Oxford Studies in Democratization. Oxford University Press, 2001. Introduction, p. 1-14

Actors and their roles Description Annotation: Transitional justice mechanisms are more often applied by supranational institutions and states and are generally directed against natural and legal persons – victims and perpetrators. However, these are not the only agents and their roles also tend to be complicated. These roles should be identified when considering the applicable transitional justice mechanisms. The lecture will provide insight into the various and complex roles. When the previous regime is replaced by a new one, those in power must take decisions: Who will be recognised as victims and who as the perpetrators? What sufferings will we recognise? Will we and how will we compensate for them? Who are the perpetrators? Should every perpetrator be held responsible? The lecture will reveal these matters and dilemmas to be addressed by representatives of the new regimes. Literature: Jon Elster. Closing the Books : Transitional Justice in Historical Perspective. Cambridge University Press, 2004. Ch 4 (parts IV, V, VI), Ch. 5 (wrongdoers), Ch. 6. (victims).

Trials and amnesties Description Annotation: An important question to be answered at each change of regime is how to deal with supporters of the previous regime. Do the perpetrators have to be tried or do they have to be amnestied? This dilemma is not straightforward, and the answer depends on each particular situation. Literature: Tricia D. Olsen, Leigh A Payne, and Andrew G Reiter. “The Justice Balance: When Transitional Justice Improves Human Rights and Democracy.” Human Rights Quarterly 32, no. 4 (2010): 980-1007. https://doi.org/10.1353/hrq.2010.002. Kathryn Sikkink and Hun Joon Kim. “The Justice Cascade: The Origins and Effectiveness of Prosecutions of Human Rights Violations.” Annual Review of Law and Social Science 9, no. 1 (November 3, 2013): 269–85. https://doi.org/10.1146/annurev-lawsocsci-102612-133956.

Trials and amnesties. Tribunals and courts Description Annotation: In the lecture, we will look at the most well-known tribunals and courts established: The Nuremberg Military Tribunal and the Nuremberg trials, the Tokyo Tribunal, the International Criminal Tribunal for Rwanda, the former Yugoslavia, as well as the International Criminal Court. Literature: “Criminal Justice | ICTJ.” https://www.ictj.org/our-work/transitional-justice-issues/criminal-justice Global Policy Forum. International Criminal Tribunals and Special Courts. https://www.globalpolicy.org/international-justice/international-criminal-tribunals-and-special-courts.html International Criminal Court. https://www.icc-cpi.int/ Rome Statute of the International Criminal Court, UN Doc. A/CONF.183/9 (1998), http://legal.un.org/icc/statute/99_corr/cstatute.htm , Articles 5–8. United Nations International Criminal Tribunal for Rwanda Basic documents and Case law http://www.ictrcaselaw.org/ United Nations International Residual Mechanism for Criminal Tribunals https://unictr.irmct.org/en International Criminal Tribunal for the former Yugoslavia https://www.icty.org/ Optional reading: Cecile Aptel. “International and Hybrid Criminal Tribunals: Reconciling or Stigmatizing?” In Paige Arthur. Identities in Transition: Challenges for Transitional Justice in Divided Societies. Cambridge University Press: Cambridge University, 2010, pp 149-86.

Truth Commissions Description Annotation: After devastating conflicts or the overthrow of a repressive regime, knowledge of the human rights violations that have occurred is an important step towards justice, the rule of law and reconciliation. Both victims and perpetrators have the right to know the past. The lecture will address one of the mechanisms of transitional justice: truth and reconciliation commissions.  Literature: “Truth and Memory | ICTJ.” https://www.ictj.org/our-work/transitional-justice-issues/truth-and-memory International Center of Transitional Justice. “Truth Seeking Elements of Creating an Effective Truth Commission,” 2013, https://www.ictj.org/sites/default/files/ICTJ-Book-Truth-Seeking-2013-English.pdf, Ch. 1 (The Right to Truth), Ch. 2 (What Are Truth Commissions?) (p.1-12). Priscilla B. Hayner. Unspeakable Truths: Transitional Justice and the Challenge of Truth Commissions. 2nd ed., Routledge Ltd - M.U.A., 2010 (Chapter 3) Priscilla B. Hayner. “Fifteen Truth Commissions - 1974 to 1994: A Comparative Study.” Human Rights Quarterly 16, no. 4 (1994): 597–655. Optional reading: Priscilla B. Hayner. Unspeakable Truths: Transitional Justice and the Challenge of Truth Commissions. 2nd ed., Routledge Ltd - M.U.A., 2010 (pārējās nodaļas).

Truth Commissions. Description Annotation: In the lecture, we will continue the talk about truth commissions and look at various reparation and restitution programmes, analysing their objectives and the results to be achieved. Literature: Debra Satz. “Countering the Wrongs of the Past: The Role of Compensation.” In Transitional Justice : NOMOS LI, 129–50. Nomos Li. New York: NYU Press, 2012. UN Sub-Commission on the Promotion and Protection of Human Rights, Study concerning the right to restitution, compensation and rehabilitation for victims of gross violations of human rights and fundamental freedoms : final report / submitted by Theo van Boven, Special Rapporteur., 2 July 1993, E/CN.4/Sub.2/1993/8, https://www.refworld.org/docid/3b00f4400.html, Part IV (p. 21-38). Bernadette Atuahene. “Property & Transitional Justice.” SSRN Electronic Journal, 2012, 1–20. https://doi.org/10.2139/ssrn.1589073. Rhodri C. Williams. The Contemporary Right to Property Restitution in the Context of Transitional Justice. International Center for Transitional Justice, 2007. https://www.ictj.org/sites/default/files/ICTJ-Global-Right-Restitution-2007-English.pdf. Pablo de Greiff. “Justice and Reparations.” In The Handbook of Reparations, 451–72. Oxford University Press, 2006. https://doi.org/10.1093/0199291926.003.0013.

Reparations and compensation programmes. Institutional reforms. Vetting. Other mechanisms Description Annotation: Reform of public institutions is an essential step in ensuring respect for human rights. Governance reforms are an important transitional justice mechanism that ensures both responsibility and prevents recurrence of violations. In the course of reforms, in line with the objectives of transitional justice, it is possible to ensure both responsibility and neutralise the stages in which violations were committed. At the lecture we will discuss what mechanisms institutional reforms include. In conclusion, various mechanisms that may be applied during the transitional period will be considered. Literature: Reading: Pablo de Greiff. “Justice and Reparations.” In The Handbook of Reparations, 451–72. Oxford University Press, 2006. https://doi.org/10.1093/0199291926.003.0013. Monika Nalepa. Skeletons in the Closet: Transitional Justice in Post-Communist Europe. Leiden: Cambridge University Press, 2009, Introduction. “Transitional Justice Issues| ICTJ.” https://www.ictj.org/our-work Optional reading: International Center of Transitional Justice. “Justice as Prevention. Vetting Public Employees in Transitional Societies/ Ed. by Alexander Mayer-Rieckh and Pablo de Greiff.” Social Science Research Council, 2007. https://s3.amazonaws.com/ssrc-cdn1/crmuploads/new_publication_3/justice-as-prevention-vetting-public-employees-in-transitional-societies.pdf. Introduction. Cynthia M. Horne. “Transitional Justice: Vetting and Lustration.” Forthcoming in Dov Jacobs (ed.), Research Handbook on Transitional Justice (E. Elgar)https://cynthiamhorne.weebly.com/uploads/8/9/9/8/8998042/horne--vetting_and_lustration-preprint.pdf

Individual consultations Description Annotation: Topic for seminar: Europe after WWII: Germany and Nazi occupied territories. Discussion on prosecutions and denazification. Who and how carried out the prosecutions? What were their goals? Who was put on trial and why? What is understood by denazification? How it was carried out? What were the aims? How differed the results of prosecution and denazification? Literature: International Military Tribunal At Nuremberg https://encyclopedia.ushmm.org/content/en/article/international-military-tribunal-at-nuremberg David Cohen. "Transitional Justice in Divided Germany After 1945." p. 59-88 In Jon Elster. Retribution and Reparation in the Transition to Democracy. Cambridge: Cambridge University Press, 2006. Ariel Colonomos and Andrea Armstrong. “German Reparations to the Jews after World War II.” In The Handbook of Reparations, 390–413. Oxford University Press, 2006. https://doi.org/10.1093/0199291926.003.0011. Additional literature: John Authers. “Making Good Again: German Compensation for Forced and Slave Laborers.” In The Handbook of Reparations, 420–42. Oxford University Press, 2006. https://doi.org/10.1093/0199291926.003.0012. Control Council Law No. 10. Punishment of persons guilty of war crimes, crimes against peace and against humanity. https://www.legal-tools.org/doc/ffda62/pdf/ Neil J. Kritz, and Nelson Mandela. Transitional Justice. How Emerging Democracies Reckon with Former Regimes : In 3 Vol. / Ed.by Neil J.Kritz . Washington: United States Institute of Peace Press, 1995, Vol. 2 Country Studies. Germany (after Nazism), pp. 1-2, 43-69. Luc Huyse. “Justice after Transition: On the Choices Successor Elites Make in Dealing with the Past.” Law & Social Inquiry 20, no. 1, 1995., pp. 51–78. https://doi.org/10.1111/j.1747-4469.1995.tb00682.x. (Belgium, France, and The Netherlands). Luc Huyse. “Belgian and Dutch Purges after World War II Compared.” In Jon Elster. Retribution and Reparation in the Transition to Democracy. Cambridge: Cambridge University Press, 2006., pp. 164-178. Hans Fredrik Dahl. “Dealing with the Past in Scandinavia.” In Jon Elster. Retribution and Reparation in the Transition to Democracy. Cambridge: Cambridge University Press, 2006., pp. 147-163. Gary Jonathan Bass. Stay the Hand of Vengeance : The Politics of War Crimes Tribunals / Gary Jonathan Bass. Princeton: Princeton : Princeton University

Presentations of case studies: Argentina & Chile. Comparison analysis. Description Annotation: Topic of seminar: Southern Europe in 70s: Portugal, Spain, Greece. Discussion “What money can buy?” Why countries pay reparations? Why pay them after years? Why people reject money? What to compensate? What harms? Can moral harms be compensated? Can forced labor be compensated? Are moral and material restitution linked? What are the goals for reparations? Literature: Neil J. Kritz, and Nelson Mandela. Transitional Justice. How Emerging Democracies Reckon with Former Regimes : In 3 Vol. / Ed.by Neil J.Kritz . Washington: Washington : United States Institute of Peace Press, 1995, Vol. 2 Country Studies. Portugal. Spain. Greece. Jon Elster, "On Doing What One Can," East European Constitutional Review 1, no. 2, Summer 1992., pp. 15-17. International Center of Transitional Justice. “Justice as Prevention. Vetting Public Employees in Transitional Societies/ Ed. by Alexander Mayer-Rieckh and Pablo de Greiff.” Social Science Research Council, 2007. https://s3.amazonaws.com/ssrc-cdn1/crmuploads/new_publication_3/justice-as-prevention-vetting-public-employees-in-transitional-societies.pdf, (Chapter 3). Additional literature: Guillermo O’Donnell. Transitions from Authoritarian Rule : Southern Europe / Edited by Guillermo O’Donnell, Philippe C. Schmitter, and Laurence Whitehead . 2nd ed. Baltimore : Baltimore , 1986 (Chapter 4 (Spain), 5 (Portugal), 6 (Greece)) Josep Maria Tamarit Sumalla. “Transition, Historical Memory and Criminal Justice in Spain.” Journal of International Criminal Justice 9 (3), 2011., pp 729–52. Madeleine Davis. “Is Spain Recovering Its Memory - Breaking the Pacto Del Olvido.” Human Rights Quarterly 27, no. 3, 2005, pp. 858–80.

Discussion “Judge or forgive?” based on required readings. Description Annotation: Topic of the seminar: Africa: South Africa, Rwanda, Sierra Leone. Discussion “Judge or forgive?” Pros and cons of judging. Pros and cons of forgiving. What to choose: courts or truth commissions? Literature: Priscilla B. Hayner. Unspeakable Truths: Transitional Justice and the Challenge of Truth Commissions. 2nd ed., Routledge Ltd - M.U.A., 2010, (Chapter 3). Additional literature: International Center of Transitional Justice. “Justice as Prevention. Vetting Public Employees in Transitional Societies/ Ed. by Alexander Mayer-Rieckh and Pablo de Greiff.” Social Science Research Council, 2007. https://s3.amazonaws.com/ssrc-cdn1/crmuploads/new_publication_3/justice-as-prevention-vetting-public-employees-in-transitional-societies.pdf, (Chapter 1). Lisa J. Laplante, and Kimberly Theidon. “Transitional Justice in Times of Conflict: Colombia's Ley De Justicia y Paz.” Michigan Journal of International Law, vol. 28, no. 1, 2006, pp. 49–108. https://trialinternational.org/latest-post/augusto-pinochet-ugarte/ Elizabeth Lira. “The Reparations Policy for Human Rights Violations in Chile.” In The Handbook of Reparations, 55–94. Oxford University Press, 2006. https://doi.org/10.1093/0199291926.003.0003. José María Guembe. “Economic Reparations for Grave Human Rights Violations.” In The Handbook of Reparations, 21–47. Oxford University Press, 2006. https://doi.org/10.1093/0199291926.003.0002. GlobalSecurity.org| “The Trials of Augusto Pinochet” https://www.globalsecurity.org/military/world/chile/president-pinochet-trials.htm ICTJ. Transitional justice Handbook for Latin America. https://www.ictj.org/sites/default/files/ICTJ_Transitional_Justice_Handbook_2011_Eng.pdf. Roht-Arriaza, Naomi, and Javier Mariezcurrena. Transitional Justice in the Twenty-First Century : Beyond Truth versus Justice. Cambridge University Press, 2006 (Colombia, Argentina).

Presentations of case studies: South Africa & Rwanda. Comparison analysis. Description Annotation: Topic of seminar: South Africa, Rwanda, Sierra Leone. Discussion “To prosecute or to forgive?” Arguments for and against trials. Arguments for and against amnesties. Which to choose: truth commission or trial? Literature: Required reading: - Lyn S. Graybill “Pardon, Punishment, and Amnesia: Three African Post-Conflict Methods.” Third World Quarterly 25, no. 6., 2004., pp. 1117–30. https://doi.org/10.1080/0143659042000256922. - Watch movie “Invictus” (2009) directed by Clint Eastwood and starring Morgan Freeman and Matt Damon (available for rent in Google Play). Additional reading: -International Criminal Court. https://www.icc-cpi.int/ -United Nations International Residual Mechanism for Criminal Tribunals https://unictr.irmct.org/en -International Center of Transitional Justice. “Justice as Prevention. Vetting Public Employees in Transitional Societies/ Ed. by Alexander Mayer-Rieckh and Pablo de Greiff.” Social Science Research Council, 2007. https://s3.amazonaws.com/ssrc-cdn1/crmuploads/new_publication_3/justice-as-prevention-vetting-public-employees-in-transitional-societies.pdf, (Chapter 4). -Mahmood Mamdani. “Amnesty or Impunity? A Preliminary Critique of the Report of the Truth and Reconciliation Commission of South Africa (TRC).” Diacritics 32, no. 3/4 (2002): 33–59. https://doi.org/10.1353/dia.2005.0005. -Nigel Eltringham. “Judging the “Crime of Crimes”. Continuity and Improvisation at the International Criminal Tribunal for Rwanda.” In Alexander Laban Hinton. Transitional Justice : Global Mechanisms and Local Realities After Genocide and Mass Violence. Rutgers University Press, 2010, pp. 206-26. -Susan Thomson. “The Darker Side of Transitional Justice: The Power Dynamics behind Rwanda’s Gacaca Courts.(Report).” Africa 81, no. 3 (2011): 373. https://doi.org/10.1017/S0001972011000222. -Truth and Reconciliation Commission (South Africa), Truth and Reconciliation Commission Report, 7 vols. (1998), available at: http://www.justice.gov.za/trc/report/ -Joanna R.Quinn. Reconciliation(s) : Transitional Justice in Postconflict Societies. Studies in Nationalism and Ethnic Conflict. Montréal: MQUP, 2009 (Morocco, Rwanda, Uganda, South Africa, Lebanon).

Presentations of case studies: Poland & Germany. Comparison analysis. Description Annotation: Topic of seminar: The Balkans: Bulgaria, Romania, Slovenia. Discussion “Is there a blueprint for TJ?” Literature: Tricia D. Olsen, Leigh A Payne, and Andrew G Reiter. “The Justice Balance: When Transitional Justice Improves Human Rights and Democracy.” Human Rights Quarterly 32, no. 4 (2010): 980–1007. https://doi.org/10.1353/hrq.2010.002 . Additional literature: Neil J. Kritz, and Nelson Mandela. Transitional Justice. How Emerging Democracies Reckon with Former Regimes : In 3 Vol. / Ed.by Neil J.Kritz . Washington: Washington : United States Institute of Peace Press, 1995, Vol. 2 Country Studies: Bulgaria, Albania. Nadya Nedelsky and Lavinia Stan. 2015. Post-Communist Transitional Justice : Lessons From Twenty-Five Years of Experience. Cambridge: Cambridge University Press (Romania).

Presentations of case studies: Czech Republic & Slovakia. Comparison analysis. Description Annotation: Topic of seminar: Central Europe: Czechoslovakia, Germany (after 1989). Discussion: “The promise and perils of restitution.” Literature: Bernadette Atuahene. “Property & Transitional Justice.” SSRN Electronic Journal, 2012, 1–20. https://doi.org/10.2139/ssrn.1589073. Lavinia Stan. Transitional Justice in Eastern Europe and the Former Soviet Union : Reckoning with the Communist Past / Edited by Lavinia Stan. Routledge, 2009. (Chapters 2, 3) Istvan Pogany. Righting Wrongs in Eastern Europe / Istvan Pogany. Manchester University Press, 1997 (Part III). Nicolas J. Gutierrez Jr. “Righting Old Wrongs: A Survey of Restitution Schemes for Possible Application to a Democratic Cuba.” University of Miami Yearbook of International Law VO - 4, 1995, 111–50. (restitution) Additional literature: International Center of Transitional Justice. “Justice as Prevention. Vetting Public Employees in Transitional Societies/ Ed. by Alexander Mayer-Rieckh and Pablo de Greiff.” Social Science Research Council, 2007. https://s3.amazonaws.com/ssrc-cdn1/crmuploads/new_publication_3/justice-as-prevention-vetting-public-employees-in-transitional-societies.pdf, (Chapter 8, 9). Neil J. Kritz, and Nelson Mandela. Transitional Justice. How Emerging Democracies Reckon with Former Regimes : In 3 Vol. / Ed.by Neil J.Kritz . Washington: United States Institute of Peace Press, 1995, Vol. 2 Country Studies: Czechoslovakia, Germany (after Communism). Claus Offe and Ulrike Poppe. "Transitional Justice in the German Democratic Republic and in Unified Germany." p. 239-75 In Jon Elster. Retribution and Reparation in the Transition to Democracy. Cambridge: Cambridge University Press, 2006

Paper presentations: Does TJ work? Description Annotation: Topic of seminar: Central Europe: Poland and Hungary. Discussion “Dilemmas in vetting.” Targets, criteria, sanctions, and rationale. Watch movie “Blind Chance” (Polish: Przypadek) by Krzysztof Kieślowski (available on YouTube). Reading: excerpts from Mark Drumbl’s draft book (will be provided). Literature: Lavinia Stan. Transitional Justice in Eastern Europe and the Former Soviet Union : Reckoning with the Communist Past / Edited by Lavinia Stan. Routledge, 2009. (Chapters 4, 5) Monika Nalepa. Skeletons in the Closet: Transitional Justice in Post-Communist Europe. Leiden: Cambridge University Press, 2009, Introduction. International Center of Transitional Justice. “Justice as Prevention. Vetting Public Employees in Transitional Societies/ Ed. by Alexander Mayer-Rieckh and Pablo de Greiff.” Social Science Research Council, 2007. https://s3.amazonaws.com/ssrc-cdn1/crmuploads/new_publication_3/justice-as-prevention-vetting-public-employees-in-transitional-societies.pdf, (Chapter 6, 7). Additional reading: Neil J. Kritz, and Nelson Mandela. Transitional Justice. How Emerging Democracies Reckon with Former Regimes : In 3 Vol. / Ed.by Neil J.Kritz . Washington: Washington : United States Institute of Peace Press, 1995, Vol. 2 Country Studies: Hungary. Monika Nalepa. Skeletons in the Closet: Transitional Justice in Post-Communist Europe. Leiden: Cambridge University Press, 2009. Introduction. International Center of Transitional Justice. “Justice as Prevention. Vetting Public Employees in Transitional Societies/ Ed. by Alexander Mayer-Rieckh and Pablo de Greiff.” Social Science Research Council, 2007. https://s3.amazonaws.com/ssrc-cdn1/crmuploads/new_publication_3/justice-as-prevention-vetting-public-employees-in-transitional-societies.pdf.

Presentations of case studies: The Baltic States. Comparison analysis. Description Annotation: Topic of seminar: Th Baltic States. Discussion “Are TJ processes in FSU comparable with processes in South America or South Europe?”). Literature: Eva-Clarita Pettai and Vello Pettai. Transitional and Retrospective Justice in the Baltic States. Cambridge, United Kingdom : Cambridge University Press, 2015. Horne, et al. Transitional Justice and the Former Soviet Union : Reviewing the Past, Looking toward the Future / Edited by Cynthia M. Horne, Lavinia Stan. 2018, Chapter 7. Philippe Schmitter, and Terry Karl. “The Conceptual Travels of Transitologists and Consolidologists: How Far to the East Should They Attempt to Go?” Slavic Review, vol. 53, no. 1, 1994, pp. 173–185 (read last page, conclusion). Sarah Terry. “Thinking about Post-Communist Transitions: How Different Are They?” Slavic Review, vol. 52, no. 2, 1993, p. 333. Valerie Bunce. “Should Transitologists Be Grounded?” Slavic Review, vol. 54, no. 1, 1995, p. 111. Terry Karl, and Philippe Schmitter. “From an Iron Curtain to a Paper Curtain: Grounding Transitologists or Students of Postcommunism?” Slavic Review, vol. 54, no. 4, 1995, p. 965.

Presentations of case studies: Latvia & Moldova. Description Annotation: Topic of seminar: The former Soviet Union: possibilities, initiatives, challenges. Ukraine, Georgia, Moldova. Discussion: TBA. Literature: Horne, et al. Transitional Justice and the Former Soviet Union : Reviewing the Past, Looking toward the Future / Edited by Cynthia M. Horne, Lavinia Stan. 2018., Introduction, Chapters 1, 6, 8, 9, 11, 12. Lavinia Stan. Transitional Justice in Eastern Europe and the Former Soviet Union : Reckoning with the Communist Past / Edited by Lavinia Stan. Routledge, 2009. Chapter 10, Chapter 11. The UN High Commissioner of Refugees homepage: Country reports https://www.refworld.org/cgi-bin/texis/vtx/rwmain?page=topic&skip=0&tocid=50ffbce528c&toid=50ffbce5304 Howard Varney. Assessing the Prospects for Transitional Justice in Georgia. International Center of Transitional Justice, 2017, https://www.ictj.org/sites/default/files/ICTJ_Report_GeorgiaTJ_2017_EN.pdf

Paper presentations: focus on former Soviet Union. Description Annotation: Topic of seminar: The former Soviet Union. Non-transitions. Discussion: TBA. Literature: Horne, et al. Transitional Justice and the Former Soviet Union : Reviewing the Past, Looking toward the Future / Edited by Cynthia M. Horne, Lavinia Stan. 2018., 2, 4, 5, 16 (conclusion) Lavinia Stan. Transitional Justice in Eastern Europe and the Former Soviet Union : Reckoning with the Communist Past / Edited by Lavinia Stan. Routledge, 2009. Chapter 10, Chapter 11. The UN High Commissioner of Refugees homepage: Country reports https://www.refworld.org/cgi-bin/texis/vtx/rwmain?page=topic&skip=0&tocid=50ffbce528c&toid=50ffbce5304

Paper presentations: What can money buy?

Paper presentations: Memory laws and memory politics.

Exam