TOPIC 3 Flashcards
(12 cards)
WHAT IS JUSTICE AS A MEASURE OF TJ?
Justice is a form of prosecution (trial) for past violations of human rights or international humanitarian law. Justice has been considered instrumental in avoiding cycles of extrajusicial justice, establishing future respect for human rights and detering future abuse.
DEFINITION OF PROSECUTIONS?
It is a form of justice. Prosecutions (trials) is the proccess of investigating and prosecuting in a trial those who have een the perpetrators of human rights violations.
-prosecution can contribute to truth finding.
- by implementing justice in trials /prosecutions, it supports democratization by demonstraing that the law applies to everyone.
- Prosecutions/ a good justice system is esential in democratic countries
WHAT ARE SOME OF THE EXAMPLES IN HISTORY OF PROSECUTIONS?
- NUREMBERG TRIALS
- FRANKFURT TRIALS
- TOKYO TRIALS.
WHAT DID THE NUREMBERG AND FRANKFURT TRIALS PROSECUTE?
The participation and planning in:
- crimes against humanity
- crimes against peace
- war crimes
- conspiration plans
Nuremberg: high mandates
Frankfurt: low-middle mandates in Auswitch
TOKYO TRIALS
INTERNATIONAL MILITARY TRIBUNAL FOR THE FAR EAST (IMTFE)
They prosecuted leaders of the empire of Japan for planning conspiracy plans + war crimes +crimes against humanity.
WHICH IS THE DIFFERENCE BETWEEN CRIMINAL AND TRANSITIONAL JUSTICE?
CRIMINAL JUSTICE: focus on the past / retributive justice/ focus only on the offenders and their individual wrong / focus on legal truth
TRANSITIONAL JUSTICE: moral and political truth / restorative justice / focus on the past, present and future / focus on the victim and the offender, and their collective harm.
DIFFERENCE BETWEEN RESTORATIVE VS. RETRIBUTIVE JUSTICE?
- RETRIBUTIVE JUSTICE: it belongs to criminal justice, and focuses on the past wrongdoings of the offender and judges them
- RESTORATIVE JUSTICE: it belongs to transitional justice. focus on the relationship between offender and victim and tries to restore their relationship. By thinking about the past, present and restoring the future.
CAN PROSECUTION ACHIEVE JUSTICE IN ISOLATION?
NO, it is true that trials are a good way of implementing rule of law and democracy. However, in order to achieve transitional justice, an effective prosecution must be done by implementing different initiatives such as reparations, institutional reforms…
TRANSITIONAL JUSTICE THROUGH PROSECUTIONS
TYPES OF COURTS
- Domestic courts
- Hybrid courts
- International courts
- Third country courts (universal jurisdiction)
WHAT ARE AMNESTIES?
Amnesties—considered to be one of the more controversial tools of transitional justice—are legal protections that safeguard designated groups or individuals from criminal prosecution for certain crimes.
Depending on the political context following a period of repression and conflict, amnesties may be able to serve as a complementary transitional justice tool to support other mechanisms of justice; however, if abused, they can entirely fail to guarantee justice for the victims of crimes and further a culture of impunity, ultimately eating away at judicial institutions and contributing to unresolved demands for justice within a society.
WHICH ARE THE 2 TYPES OF AMNESTIES?
1º DE JURE : taking the form of law.
2º DE FACTO: taking the form of informal agreement.
IS IT THE SAME AMNESTIES AND PARDONS?
NO. Pardons are given after a judicial decision, after the judicial prosecution. Y eliminan cualquier responsabilidad que se le hubiera dado . It removes penal responsabilities.
Amnesties are legal protections that safeguard certain people from being prosecuted. and are given before the trial.
