Veidlapa Nr. M-3 (8)
Study Course Description
Transitional Justice - Post-Post-Soviet Space and Beyond
Course Code
SZF_062
Branch of Science
Political science
ECTS
3.00
Target Audience
Political Science
LQF
Level 7
Study Type And Form
Full-Time; Part-Time
Study Course Implementer
Course Supervisor
Arta Snipe
Structure Unit Manager
Karina Palkova
Structural Unit
Faculty of Social Sciences
Contacts
Dzirciema street 16, Rīga, szf@rsu.lv
About Study Course
Objective
To provide general knowledge of transitional justice: its objectives, mechanisms, their application; to develop the ability to analyse transitional justice processes using historical and current process experience.
Preliminary Knowledge
General knowledge of global political processes in the 20th-21st centuries.
Learning Outcomes
Knowledge
1.Using the in-depth knowledge of transitional justice and its specifics in the post-post-Soviet space, students will compare different mechanisms of transitional justice, analyse the rationale of selecting them and outcomes. Based on a literature analysis of historical and current experiences of transitional processes, students will describe transitional justice processes and their impact on current legal dilemmas, for example, in matters of shared property.
Skills
1.Students will choose scientific literature that corresponds to the topic of their independent work. Students will critically evaluate ideas expressed in the scientific literature and discuss the interpretation of these ideas in peer presentations. When preparing their independent work, students will compare and contrast the transitional justice mechanisms chosen by different countries.
Competences
1.By analysing interdisciplinary literature and developing independent work, students will integrate insights and methods from different disciplines (political and legal science, history), strengthening interdisciplinary research competences. By contrasting the experiences of different countries and the models chosen, students will demonstrate their understanding of methods of comparative politics in practice.
Assessment
Individual work
Title
% from total grade
Grade
1.
Individual work
-
-
Within the module, students will prepare for seminars, read recommended readings and prepare a presentation.
The objective of the seminars is to develop students’ ability to justify their point of view; to stimulate activity; to test their knowledge of the topic and the material.
The objective of the presentation is to develop the ability to identify the main problem of the topic; to identify and evaluate alternative arguments and points of view; to present one’s own point of view, explaining and arguing why this point of view is more acceptable and superior to any other. The report must compare all possible alternatives, considering all their weaknesses and strengths. Another objective is to develop the skills to independently research situations and problems, evaluate them and develop solutions.
Examination
Title
% from total grade
Grade
1.
Examination
-
-
In the seminars, students will present research on transitional justice mechanisms applied in a specific region and the class will have the opportunity to discuss and compare what mechanisms have been applied by neighbouring countries around the same time period, analysing the reasons for the differences and the results achieved. The seminar will continue with a class discussion of the ideas presented in specific articles (listed as required readings), or a discussion of the issues raised in the literature.
Students prepare their presentations in groups (about 3 students), with the group working on the specific region. Students should prepare the presentation as an analysis of the mechanisms in place in at least the countries indicated, being able to give an expert opinion on the differences. For each country/region, the presentation should include the following information:
Where? - description of the region
When? - the period of time, the historical circumstances in which the transition takes place
Why? - why the country has reached this state (conflict, authoritarianism) and what circumstances and reasons led to the transition and regime change
Who? - key persons involved
How? - mechanisms applied, differences between countries, results
Length of the presentation: 30-45 minutes. The presentations are followed by discussions on the similarities and differences between the countries, where the activity of all students (not only the ones who prepared presentations) and questions are assessed. The objective of the discussion is to analyse transitional justice mechanisms, the principles followed by countries in their choice, the effectiveness of the mechanisms, and comparison between countries.
In preparation for the seminar, students must read the assigned readings as well as refresh their basic knowledge of the region and its history. Several seminars will end with a discussion
2.
Examination
-
-
Attendance un activity during lectures – 20%
Activity and preparedness during classes – 30%
Presentation – 25%
Final examination – 25%
Study Course Theme Plan
FULL-TIME
Part 1
-
Persons Involved and Their Roles
Annotation: Transitional justice mechanisms are more often applied by supranational institutions and states, and are usually directed against natural and legal persons – victims and perpetrators. However, these are not the only agents and their roles can be complex. These roles must be identified when thinking about the applicable transitional justice mechanisms. This lecture will provide an insight into the different and complex roles.
When a new regime replaces the previous one, those in power have to make decisions: Who will be recognised as victims and who as perpetrators? What kind of suffering will we acknowledge? Will it be compensated and how? Who are the perpetrators? Should every perpetrator be called to justice? The lecture will shed light on these questions and the dilemmas that the representatives of the new regimes have to face.
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).
EventType
Modality
Location
Contact hours
1.
Lecture
On site
Auditorium
2
-
Trials and Amnesties
Annotation: An important question that must be answered with almost each regime change is what to do with the supporters of the previous regime. Should the perpetrators be tried or granted amnesty to? This dilemma is not simple, and the answer depends on each specific 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.
EventType
Modality
Location
Contact hours
1.
Lecture
On site
Auditorium
2
-
Trials and Amnesties. Tribunals and Courts
Annotation: In this lecture, we will look at the best-known tribunals and established courts: the Nuremberg Military Tribunal and the Nuremberg trials, the Tokyo Tribunal, the International Criminal Tribunal for Rwanda, the International Criminal Tribunal for 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.
EventType
Modality
Location
Contact hours
1.
Lecture
On site
Auditorium
2
-
Truth Commissions
Annotation: In the aftermath of devastating conflicts or the overthrow of repressive regimes, knowledge of human rights violations 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 focus on 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).
EventType
Modality
Location
Contact hours
1.
Lecture
On site
Auditorium
2
-
Truth Commissions. Reparations and Compensation Programmes
Annotation: The lecture will continue the discussion on truth commissions and will look at different reparations and restitution programmes, analysing their objectives and 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.
EventType
Modality
Location
Contact hours
1.
Lecture
On site
Auditorium
2
-
Reparations and Compensation Programmes. Institutional Reforms. Purges. Other Mechanisms
Annotation: Reform of public institutions is an essential step towards ensuring respect for human rights. Governance reforms are an important transitional justice mechanism that both ensures accountability and prevents the recurrence of violations. By pursuing the objectives of transitional justice in the reform process, it is possible to ensure both accountability and to neutralise the stages where violations were committed. In this lecture, we will analyse the mechanisms involved in institutional reforms. Finally, we will look at various other mechanisms that may be applied during the transition period.
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
EventType
Modality
Location
Contact hours
1.
Lecture
On site
Auditorium
2
-
Student Presentations on Transitional Justice Processes in the Territory of the Former Soviet Union. Comparative Analysis. Literature Discussion
Annotation: Topic of the seminar: The Former Soviet Union: Opportunities, 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
EventType
Modality
Location
Contact hours
1.
Class/Seminar
On site
Auditorium
2
-
Student Presentations on Transitional Justice Processes in the Territory of the Former Soviet Union. Comparative Analysis. Literature Discussion. Conclusion of the Course
Annotation: Topic of the seminar: The Former Soviet Union: When Transition Does Not Happen.
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
EventType
Modality
Location
Contact hours
1.
Class/Seminar
On site
Auditorium
2
Total ECTS (Creditpoints):
3.00
Contact hours:
28 Academic Hours
Final Examination:
Exam (Written)
PART-TIME
Part 1
-
Truth Commissions. Reparations and Compensation Programmes
Annotation: The lecture will continue the discussion on truth commissions and will look at different reparations and restitution programmes, analysing their objectives and 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.
EventType
Modality
Location
Contact hours
1.
Lecture
On site
Auditorium
2
-
Reparations and Compensation Programmes. Institutional Reforms. Purges. Other Mechanisms
Annotation: Reform of public institutions is an essential step towards ensuring respect for human rights. Governance reforms are an important transitional justice mechanism that both ensures accountability and prevents the recurrence of violations. By pursuing the objectives of transitional justice in the reform process, it is possible to ensure both accountability and to neutralise the stages where violations were committed. In this lecture, we will analyse the mechanisms involved in institutional reforms. Finally, we will look at various other mechanisms that may be applied during the transition period.
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
EventType
Modality
Location
Contact hours
1.
Lecture
On site
Auditorium
2
Total ECTS (Creditpoints):
3.00
Contact hours:
20 Academic Hours
Final Examination:
Exam (Written)
Bibliography
Required Reading
1.
Visa literatūra ir angļu valodā un piemērota gan latviešu, gan angļu plūsmas studentiem
2.
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.
3.
Lavinia Stan. Transitional Justice in Eastern Europe and the Former Soviet Union: Reckoning with the Communist Past / Edited by Lavinia Stan. Routledge, 2009.
4.
Istvan Pogany. Righting Wrongs in Eastern Europe / Istvan Pogany. Manchester University Press, 1997.
5.
Jon Elster. Closing the Books: Transitional Justice in Historical Perspective. Cambridge University Press, 2004.
6.
Other readings are given under each lecture topic. Most materials are available online (RSU or National Library of Latvia access, Google books, or free online access).
Additional Reading
1.
Readings on case studies and required reading for seminars are given under each seminar topic (RSU or National Library of Latvia access).
Other Information Sources
1.
International Center for Transitional Justice webpage.
2.
Transitional Justice Research Collaborative website.
3.
The UN High Commissioner of Refugees homepage: Country reports.
4.
International Military Tribunal At Nuremberg.
5.
International Criminal Court.
6.
United Nations International Residual Mechanism for Criminal Tribunals.
7.
International Criminal Tribunal for the former Yugoslavia.
8.
The International Journal of Transitional Justice.
9.
Global Policy Forum. International Criminal Tribunals and Special Courts.