Transitional Justice and Rule of Law Programming - LW912

Location Term Level Credits (ECTS) Current Convenor 2017-18 2018-19
Brussels
(version 2)
Spring
View Timetable
7 20 (10) DR V Arnould

Pre-requisites

None

Restrictions

None

2017-18

Overview

A range of the following areas will be covered according to the research-led teaching foci of those delivering the course.
1. Theories and dilemmas of rule of law programming and transitional justice, including questions of:
  • Governance, militarisation, peacekeeping, funding/aid, gender
  • Establishing an historical record and dealing with historic injustices, contributing to peace, national reconciliation
  • Judicial strengthening and the establishment of a Rule of Law culture
  • The relationship between international criminal law debates about transitional justice and Rule of Law programming
  • 2. Truth and Reconciliation Commissions
    3. Reparations/restitution debates
    4. International criminal prosecutions
    5. Traditional justice
    6. Economic development/economic transitions
    7. Non-governmental tribunals
    8. Post-genocide
    9. Judicial reform

    Details

    This module appears in:


    Availability

    Spring Term

    Method of assessment

    This module offers 2 patterns of assessment A & B, the pattern applied will be at the discretion of the convenor.

    Assessment pattern A
    100% assessment by course work (2 essays).
    1 short paper addressing key themes of the course (1,000 words), which will provide students with an opportunity for early feedback on their written presentation skills and critical understanding of transitional justice
    1 longer essay (4,000 words) on a research topic of students' choice.

    Assessment pattern B
    Students will be assessed through 2 assignments. They will be asked to participate in a simulation exercise, their individual contribution to which will comprise 20% of the final grade. The exercise will require the students to prepare briefing notes and position papers concerning a hypothetical project in a situation of, normally, post conflict reconstruction.
    1 longer essay (4,000 words comprising 80% of the final grade), on a research topic of students' choice.

    Preliminary reading

    Allen, Trial justice: the international criminal court and the Lord's Resistance Army (Zed Books, 2006)
    Arendt, Eichmann in Jerusalem A Report on the Banality of Evil (Penguin, 1994)
    Bass, Stay the Hand of Vengeance: The Politics of War Crimes Tribunals (Princeton University Press, 2000)
    Bloxham, Genocide on Trial: War Crimes Trials and the Formation of Holocaust History and Memory (OUP, 2001)
    Caplan, International Governance of war-Torn Territories- Rule andReconstruction (OUP, 2006).
    Clarke, Fictions of Justice The ICC and the Challenge of Legal Pluralism in Sub-Saharan Africa (CUP 2009)
    De Brito, Gonzaléz-Enríquez and Aguilar, The Politics of Memory: Transitional Justice in Democratizing Societies (OUP, 2001).
    De Feyter, Parmentier, Bossuyt, and Lemmens (eds.), Out of The Ashes: Reparation for Victims of Gross and Systematic Human Rights Violations (Intersentia, 2005)
    Duffield, Global Governance and the New Wars: The Merging of Development and Security (2001)
    Duffield, Development, Security and Unending War: Governing the World of Peoples (2007).
    Gellately and Kiernan (eds). The Specter of Genocide: Mass Murder in Historical Perspective (Cambridge, 2003)
    Hirsh, Law against Genocide: Cosmopolitan Trials (Glasshouse Press, 2003).
    Klinghoffer and Klinghoffer, International Citizens' Tribunals Mobilizing Public Opinion To Advance Human Rights (Palgrave Press, 2002).
    Limqueco and Weiss, Prevent the Crime of Silence: Reports from the Sessions of the International War Crimes Tribunal (Allen Lane, 1971)
    Madoka, War Crimes Tribunals and Transitional Justice: the Tokyo Trial and the Nuremberg Legacy (Taylor & Francis)
    Merry, Human Rights and Gender Violence: Translating International Law into Local Justice (University of Chicago Press, 2006).
    Minow, Between Vengeance and Forgiveness: Facing History After Genocide and Mass Violence (1998)
    Ní Aoláin, Gender and the Post-Conflict Process (Oxford University Press, 2010)
    Osiel, Mass Atrocity, Collective Memory and the Law (Transaction, 2000)
    Sanford, Buried Secrets: Truth and Human Rights in Guatemala (Palgrave Macmillan, 2003).
    Stover, The Witness: War Crimes and the Promise of Justice in the Hague (University of Pennsylvania Press, 2005)
    Stover, and Weinstein, (eds) My Neighbour, My Enemy: Justice and Community in the Aftermath of Mass Atrocity (Cambridge University Press, 2004)
    Stromseth, Wippman & Brooks, Can Might Make Rights? Building the Rule of Law After
    Military Interventions (CUP, 2006)
    Simpson, Law, War and Crime (Polity Press, 2007)
    Teitel, Transitional Justice (Oxford University Press, 2000)
    Thanh-Dam Truong, Saskia Wieringa and Amrita Chhachhi (eds), Engendering Human Security: Feminist Perspectives. (Zed, 2007)
    Tschirgi, Necla et al (eds)., Security and Development: Critical Connections (Lynne Rienner, 2009)
    Von Hippel, Democracy by force: US intervention in the post Cold War World. Cambridge UP, 2009).

    See the library reading list for this module (Canterbury)

    See the library reading list for this module (Medway)

    Learning outcomes

    The intended subject specific learning outcomes and, as appropriate, their relationship to programme learning outcomes
    On successful completion of this module students will:
    1. Have knowledge and understanding of the main concepts, principles of, and policy considerations surrounding transitional justice and transitional justice institutions and the interrelationships between transitional justice institutions and the international legal order. This will be achieved through selected case studies of past and present major legal, political, social, and economic transitions and associated legal interventions. PLO - A1, A2, A3, A5, C3
    2. Be able to critically assess their application to controversial issues and case studies of contemporary concern in the light of key theoretical and academic perspectives; PLO - A4, A5, A6, B1, B2, B3, B4, C1, C3, C4, D1.
    3. Be familiar with, and critique, current theoretical, political and doctrinal debates in transitional justice; PLO - A2, A4, B4, B6, C3, C5.
    4. Be able to carry out independent research into specific issues of transitional justice and to formulate arguments based on this research into a reasoned opinion. PLO - B1, B2, B3, B4, B5, C2, C4, C5, C6, D2, D3. D5.
    This course provides students with an opportunity to develop a detailed and critical understanding of Transitional Justice. It thereby complements the learning outcomes of the Programme in International Criminal Justice, one aim of which is to provide specialisation in areas of International Criminal Justice of individual interest.

    The intended generic learning outcomes and, as appropriate, their relationship to programme learning outcomes
    On successful completion of this module students will:
    1. Be able to apply and evaluate the operation of rule of law programming in a range of situations. PLO - A1, A2, A3, A4, A5, B1, B2, B5, C3, D1.
    2. Research, gather, summarise and evaluate relevant and complex information and key sources by electronic or other means; PLO - B2, B3, C2, D2, D6, D3.
    3. Formulate written arguments concerning areas of controversy and present a reasoned and critical opinion; PLO - A4, B4, D5.
    4. Be aware of the limitations of present knowledge and matters needing to be resolved by further research PLO - C5, C6

    Programme learning outcomes - LLM in International Criminal Justice
    A1. Knowledge and Understanding of the institutions and structures of international and national criminal justice, and the interrelationships between these and the institutions of the international legal order;
    A2. Knowledge and Understanding of the key concepts, policy issues, principles; and relevant sources of international and national criminal justice law and policy;
    A3. Knowledge and Understanding of the substantive law relevant to a range of key areas of international and national criminal justice;
    A4. Knowledge and Understanding of the theoretical perspectives and academic debates which underlie the substantive areas of international and national criminal justice law and policy;
    A5. Knowledge and Understanding of the practical contexts in which the international and national criminal law operates;
    A6. Knowledge and Understanding of the importance of evaluating international and national criminal justice alongside its theoretical and practical contexts.
    B1. able to effectively apply the knowledge of international and national criminal justice law and policy to a wide range of situations where relevant practical or theoretical issues are under consideration;
    B2. able to evaluate issues according to their context, relevance and importance
    B3. able to formulate arguments on central issues and areas of controversy, and be able to present a reasoned opinion based upon relevant materials
    B4. able to recognise potential alternative arguments, and contrary evidence, to a student's own opinion and present a reasoned justification for preference;
    B5. able to demonstrate an independence of mind and ability to offer critical challenge to received understanding on particular issues;
    B6. able to reflect constructively on their learning progression.
    C1. able to identify and characterise issues of international criminal justice which arise in practical situations;
    C2. able to research and access the main sources of national and international criminal justice law and policy which are relevant;
    C3. able to appreciate and evaluate the main theoretical and political perspectives that underlie the legal provisions;
    C4. able to provide a reasoned and justified opinion as to the possible legal consequences in particular circumstances
    C5. able to be aware of the limitations of present knowledge and matters needing to be resolved by further research;
    C6. able to utilise research skills, at least, to commence further research into unresolved issues.
    D1. able to identify relevant issues from potentially complex factual situations;
    D2. able to undertake research from a diverse range of sources;
    D3. able summarise detailed and complex bodies of information concisely and accurately;
    D5. able to present information and arguments in written form, in accordance with academic conventions, and appropriately to the intended readership;
    D6. able to evaluate personal performance.

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