Justice Outside of Criminal Courtrooms and Jailhouses, in Arcs of Global Justice: Essays in Honour of William A. Schabas (Margaret M. deGuzman & Diane Marie Amann eds., 2018)

Authors

• Mark A. Drumbl, Washington and Lee University School of LawFollow

Files

Description

This chapter examines alternate forms of transitional justice, notably, customary forms of dispute resolution, restitution, reparations, amnesties, and civil sanctions. It suggests that the international community’s preference for criminal trials as accountability mechanisms in the aftermath of genocide results in the ‘othering’ of these alternate forms of justice. Such ‘othering’ narrows legal pluralism to questions of the location of criminal process and the imposition of custodial punishment (who prosecutes, who sentences?), rather than a richer examination of how deployment of a conceptual diversity of overlapping mechanisms could promote shared objectives of accountability, justice, and transition.

ISBN

9780190272654

Publication Date

2018

Publisher

Oxford University Press

Disciplines

Courts | Criminal Law | Criminal Procedure | Human Rights Law | International Humanitarian Law | International Law | Law

Repository Citation

Mark A. Drumbl, Justice Outside of Criminal Courtrooms and Jailhouses, in Arcs of Global Justice: Essays in Honour of William A. Schabas (Margaret M. deGuzman & Diane Marie Amann eds., 2018),
https://scholarlycommons.law.wlu.edu/fac_books/232