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Current & Recent Research at Penn Law

File: [View Document]
Author: Sirleaf, Matiangai
Citation: Beyond Truth and Punishment __ VA. J. INT’L L. __ (2014)
Date Published: 2014
Date Posted: 05/07/2013
Subjects: Courts and the Administration of Justice
Human Rights Law
Law and Criminal Justice
Law and Social Sciences
Law and the Global Community
Keywords: Alternative Dispute Resolution
Comparative Law
Criminal Law and Procedure
Human Rights Law
International Law
International Litigation
Law and Society
Social Science and the Law
This Article argues that scholars and practitioners have misplaced confidence in the ability of truth commissions and courts to contribute to restorative, retributive, expressive and utilitarian goals. It argues that it is critical to limit the number of goals that truth commissions and trials can reasonably be expected to contribute to as opposed to burdening them with multiple objectives, which create unattainable expectations. It questions the use of truth commissions and trials in post-conflict and post-authoritarian societies and concludes that neither is sufficient to respond to the needs of human rights victims and affected societies.