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Restorative Justice following Mass Atrocity The Case of Rwanda

Authors:

Cardiff University

A Model of Transitional Justice for Somalia

Article

Jan 2008

Margherita Zuin

T his article proposes a model of transitional justice for Somalia. The author argues for a conceptual framework that intertwines peace and justice, the latter defined broadly as including both retributive and restorative goals. With consideration to the unique characteristics of Somalia, the author proposes a model that combines the use of the traditional Xeer system with the creation of an ad hoc tribunal. In doing so, the author makes a comparative analysis with the Gacaca system in Rwanda, and the ad hoc tribu- nals for Rwanda and the former Yugoslavia, while also making reference to her field research in Somalia.

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Article

Justice perceptions and practices of restorative justice facilitators and the public

June 2015 · Contemporary Justice Review

Gregory D. Paul

Restorative justice proponents argue that a restorative approach to criminal justice is fundamentally different from the traditional approach to justice enacted by the court system. Third-party facilitators, who represent this alternative approach, are typically responsible for educating people about what restorative justice is, establishing the legitimacy of the restorative justice process, and ... [Show full abstract] persuading people to participate in this justice process. Perceptions of legitimacy and decisions to participate, in turn, are likely grounded in prescriptive justice beliefs as well as their perceptions of features of the traditional justice system. The purpose of the study was to compare prescriptive justice beliefs and traditional justice system perceptions held by facilitators and members of the general public. Additionally, the study examined how facilitators’ perceptions of their practices were connected to prescriptive justice beliefs and perceptions of restorative justice. Analysis of survey data revealed useful information about the groups’ perceptions of justice, the justice systems, and facilitators’ enactment of restorative justice.

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Full-text available

Dutch developments: restorative justice in legislation and in practice

April 2019 · The International Journal of Restorative Justice

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Book review: Youth offending and restorative justice: Implementing reform in youth justice, Accounta...

October 2004 · Punishment and Society

Jo Phoenix

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Implementation Of Law Number 11 Of 2012 Concerning Child Related Criminal Justice System Concept Res...

September 2016 · Pattimura Law Journal

Intan Karangan

This study aims to determine how the application of the concept of restorative justice in accordance with Law No. 11 of 2012 on Child Criminal Justice system. This study uses normative namely a study that discusses the problem based on the literature and legislation relating to the matter to be investigated. Law No. 11 of 2012 on the Criminal Justice System Child has provided a new concept in the ... [Show full abstract] criminal justice system, especially those in the juvenile justice system. Related to the concept of Restorative Justice or restorative justice is a resolution processes involving perpetrators, victims, families, and other relevant parties in a criminal act, jointly seek solutions to the offense and its implications by emphasizing restoration and not retribution.

Article

The Case for Restorative Justice in the Context of Crimes Against Humanity

December 2012 · SSRN Electronic Journal

Orhun Hakan Ya.

Since the beginning of time people have been in violent conflict with one another. Despite the continuing decline in the number of violent or armed conflicts in recent years, the post-World War II period is marked as one of the most violent periods in human history. The vast majority of these conflicts in post-war era were intrastate conflicts and involved massive human rights violations ... [Show full abstract] resulting in as many as 87 million deaths and many more millions of people stripped of their fundamental rights, property and dignity. This essay discusses the prospects for restorative justice in the context of crimes against humanity. While debate has raged amongst proponents and critics of restorative justice over the role of restorative processes in the context of ordinary crimes, restorative justice has materialised as a legitimate tool in international law and as a central objective of many transitional justice processes addressing human rights abuses or crimes against humanity. This essay argues that the prospects for restorative justice depend on managing expectations and uses examples to illustrate this point.

Article

Full-text available

The State of Criminology in the 21st Century: A Penpal Roundtable

December 2006 · Contemporary Justice Review

Many criminologists in North America, Europe, and the world generally have embraced new paradigms of criminology. In this roundtable discussion, three noted criminologists, Larry Tifft, Shadd Maruna, and Elizabeth Elliott, share their views on the state of criminology as an academic discipline in the early 21st century, questioning the boundaries and value of the new paradigms.

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European Model for Restorative Justice with Children and Young People. Conclusions for Poland

December 2016 · Polish Journal of Criminology

Beata Czarnecka-Dzialuk

The article presents main results of the European Research on Restorative Juvenile Justice organized by International Juvenile Justice Observatory (IJJO) and European Council for Juvenile Justice (ECJJ). In three books resulted of the research, available online, there is information on restorative practices in juveniles cases in 28 European Union Member States, then the European Model for ... [Show full abstract] Restorative Justice with Children and Young People that has been elaborated on the basis of best practices. The Toolkit for Professionals contains useful practical indications for implementing different restorative justice programs. Although there is scientific evidence of benefits of restorative processes, no country reaches the full potencial of restorative justice. This is especially true with Poland, in spite of having legislation (however, concerning just one of restorative processes, namely mediation, that should be improved), a group of trained mediators, examples of good practise of certain restorative programs and measures. There is strong need to promote restorative proceedings among practitioners and in the society and undertake research to evaluate the quality and effectiveness of restorative justice.

Article

Ordinariness and Orders: Explaining Popular Participation in the Rwandan Genocide

November 2007 · Genocide Studies and Prevention

Lars Waldorf

Lars Waldorf, who holds a BA from Harvard College and a JD from Harvard Law School, is currently Lecturer in International Law and Human Rights for the Institute of Commonwealth Studies at the University of London. He was a Fellow at Harvard Law School's Human Rights Program after running Human Rights Watch's field office in Rwanda (2002-2004) and covering genocide trials at the UN's ... [Show full abstract] International Criminal Tribunal for Rwanda (2001). He is writing a book on Rwanda's community genocide trials (gacaca) with support from the US Institute of Peace. Among his numerous publications are "Mass Justice for Mass Atrocity: Rethinking Local Justice as Transitional Justice" (Temple Law Review, 2006) and "Rwanda's Failing Experiment in Restorative Justice" in Handbook of Restorative Justice: A Global Perspective, edited by Dennis Sullivan and Larry Tifft (Routledge, 2005). He previously taught at the New School and Harvard. Before becoming a human-rights advocate, he litigated civil-rights cases in the United States for nine years. 1. Christopher R. Browning, Ordinary Men: Reserve Police Battalion 101 and the Final Solution in Poland (New York: Penguin, 2001), 174. 2. Lisa Wedeen, Ambiguities of Domination: Politics, Rhetoric, and Symbols in Contemporary Syria (Chicago: University of Chicago Press, 1999), 82. 3. Jan T. Gross, Neighbors: The Destruction of the Jewish Community of Jedwabne, Poland (Princeton, NJ: Princeton University Press, 2001).

Conference Paper

Full-text available

Mass victimisation and restorative justice

May 2004

Kris Vanspauwen

Article

Toughing it out: From labour opposition to labour government

December 1998 · Policy Studies

David Downes

Labour's criminal justice policy has remained strikingly consistent in the move from Opposition to Government. That policy was fashioned in the break with key aspects of past Labour policy after Tony Blair's Tough on crime; tough on the causes of crime’ statement of 1993. The tensions implicit in this approach flow from the relatively short‐term demands of the first part of the phrase and the ... [Show full abstract] longer term requirements of the second part. In the context of punitive populism, being tough on crime came to mean being as tough as (if not tougher than) the Tories on crime. And the need to head off a repetition of the Conservative ‘tax bombshell’ in the 1992 defeat for Labour seems to have meant (despite the Comprehensive Spending Review) an excessive caution on public expenditure. These tensions now threaten to undermine the most positive aspects of Labour's programme, not only in criminal justice, but more broadly in relation to social exclusion and the labour market. They have generated perverse incentives to over‐heat the penal economy, to blow the prospects for restorative justice off‐course, and to repeat in different guise some of the mistakes of the 1970s. As a result, Jack Straw remains somewhat imprisoned by the agenda set by Michael Howard.

Book

Victim-Offender Reconciliation in the People’s Republic of China and Taiwan

January 2016

Riccardo Berti

This book examines the conciliatory institutions that operate within criminal law in the People's Republic of China and Taiwan. Despite having the same legal traditions, the two countries have taken very different political and social roads over the past century. Taking these important factors into account, the book compares the conciliatory mechanisms that have emerged in the two countries, ... [Show full abstract] particularly focusing on the influence of Confucian tradition in current criminal reconciliation practices. By drawing upon in-depth interviews with multiple experts in the area, the role of tradition in the discipline of modern Xingshi Hejie is explored, alongside an analysis of the reasons that lead victims and offenders to choose this conciliatory procedure. The book offers a fascinating account of this feature of criminal justice in China and Taiwan, and will be of particular interest to scholars interested in comparative approaches to criminology and criminal justice.

Article

Diverging philosophies in the juvenile justice system /

January 1970

Caroline Jane. Ortiz

Thesis (M.A.)--University of Colorado at Denver, 1999. Includes bibliographical references (leaves 211-215).