Corsi di Studio del Dipartimento di Giurisprudenza

Transitional Justice

Transitional Justice

Anno accademico 2016/2017

Sommario insegnamento

• Obiettivi formativi
• Risultati dell'apprendimento attesi
• Modalità di insegnamento
• Modalità di verifica dell'apprendimento
• Programma
• Testi consigliati e bibliografia
• Strumenti didattici

Obiettivi formativi

It is the aim of the course to familiarize students with the challenges faced by different legal systems in transitional situations and and with some of the approaches chosen by states to address these challenges. The course, which is located at the crossroads of international and domestic law, is designed that it can be taken without prior knowledge of international law and human rights (because the basic concepts of international law and human rights will be covered in the course as needed) while also being of interest for more advanced students.

It is the aim of the course to give students a solid understanding of transitional justice, good governance and human rights. 

Risultati dell'apprendimento attesi

At the end of the course, students will be able to identify legal problems related to transition situations and provide meaningful solutions based on internationally accepted standards for human rights and good governance and will have a solid understanding of the aspects of general public international law and human rights law. The course is meant to will provide students with a solid understanding of the practical implementation of international human rights obligations, its implementation in domestic legal orders and principles of good governance in different circumstances. It is expected that students will be able to identify similar issues in future situations and to suggest responses to comparable challenges. In practical terms, the course is meant to prepare students for the identification and response to human rights violations across legal specializations in their future practical work.

Modalità di insegnamento

The course will consist of a mix between traditional lectures and discussions. The active participation of the students is necessary for the course. While the sessions during the first week will provide an introduction, the sessions during the second week will be concerned with practical examples from around the world. Different themes, issues and countries will be used to outline key principles and developments of transitional justice. Preparation for these sessions and active participation during the sessions is essential for a meaningful participation in the course.

Modalità di verifica dell'apprendimento

The students are expected to show not only that they have learned the contents of the course, rather, they are expected to be able to apply the new knowledge in practice. The exam will be a written exam, consisting of questions on the content of the course as well as a case study with practical questions. 

Programma

• Monday, 8 May 2017, 8:00-12:00 Introduction, Background, Development, Connections to Human Rights and International Law
• Tuesday, 9 May 2017, 8:00-12:00 Justice and Reconciliation: Courts, Truth Commissions and other Efforts
• Wednesday, 10 May 2017, 8:00-12:00 Compensation and Reparations for Human Rights Violations
• Thursday, 11 May 2017, 8:00-12:00 Lustration, Amnesty and Immunity
• Friday, 12 May 2017, 8:00-12:00 Peacebuilding, Memory and Education
• Monday, 15 May 2017, 8:00-12:00 Transitional Justice after World War II
• Tuesday, 16 May 2017, 8:00-12:00 Transitional Justice after the Cold War
• Wednesday, 17 May 2017, 8:00-12:00 Transitional Justice after Civil Wars and Dictatorships (1)
• Thursday, 18 May 2017, 8:00-12:00 Transitional Justice after Civil Wars and Dictatorships (2)
• Friday, 19 May 2017, 8:00-12:00 Law for Global Transitions: Climate Change and Artificial Technology, Time for Questions

• M. A. Baderin et al., International Human Rights Law (2010).
• I. Bantekas et al., International Human Rights Law and Practice (2013).
• R. Kesselring, Bodies of Truth: Law, Memory, and Emancipation in Post-Apartheid South Africa (2016).
• S. McInerney-Lankford et al., Human Rights and Climate Change (2011).
• O. Simic, An Introduction to Transitional Justice (2016).
• E. Skaar et al., Transitional Justice in Latin America: The Uneven Road from Impunity towards Accountability (2016).
• C. Tomuschat, Human Rights: Between Idealism and Realism (2008).
• I. Turégano Mansilla, La justicia de transición: concepto, instrumentos y experiencias (2014).
• C. Turner, Violence, Law and the Impossibility of Transitional Justice (2016).
• W. Twining et al., Human Rights, Southern Voices (2009).
• K. Wetzel, Geschichte als Politikum: Lettland und die Aufarbeitung nach der Diktatur (2016).

• Materiale didattico
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