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Current & Recent Research at Penn Law

File: [View Document]
Author: Sirleaf, Matiangai
Citation: Regional Approach to Transitional Justice? Examining the Special Court for Sierra Leone and the Truth and Reconciliation Commission for Liberia , 21 FL. J. INT’L L. 209 (2009).
Date Published: 2009
Date Posted: 08/07/2012
Subjects: Human Rights Law
Law and the Global Community
Keywords: Public Interest
Human Rights Law
International Law
International Litigation
Abstract:
This Article re-conceptualizes the idea of transitional justice
mechanisms as varying approaches meant solely to address the legacy
of abuse in one nation, and proposes that transitional justice
mechanisms can also encompass regional and transnational efforts to
respond to mass human rights violations occurring across societies. This
Article focuses on the challenges posed by trials and truth seeking
mechanisms in conflicts where massive human rights violations have
occurred across nations and argues that where these mechanisms have
been established without regard to the regional or transnational nature
of human rights violations, such mechanisms will encounter problems
of coordination including legal primacy, information sharing, and
access to detainees. This Article analyzes these critical issues by
examining the transitional justice mechanisms in Liberia and Sierra
Leone and highlights the challenges posed by the failure to take a
regional approach. The Article proposes that adopting a regional
approach when designing transitional justice mechanisms in the
aftermath of mass atrocity across societies is the best means for
achieving long-term peace, stability, and respect for human rights
within the affected region.