Truth Commissions and International Criminal Tribunals as mechanisms for conflict resolution in transitional societies with specific reference to South Africa and the former Yugoslavia

bibliographic database
Line

Periodical article

Title:	Truth Commissions and International Criminal Tribunals as mechanisms for conflict resolution in transitional societies with specific reference to South Africa and the former Yugoslavia
Author:	Rakate, Phenyo Tshenolo Keiseng
Year:	1998
Periodical:	Lesotho Law Journal: A Journal of Law and Development
Volume:	11
Issue:	1
Pages:	177-198
Language:	English
Geographic term:	South Africa
Subjects:	offences against human rights commissions of inquiry
Abstract:	Dealing with past human rights violations involves finding a balance between reconciliation and the reconstruction of society on the one hand, and truth and transitional justice, stability and the maintenance of the rule of law on the other. This involves making choices between blanket and conditional amnesty, between prosecution and reparations, between the need to create a culture of human rights as opposed to a culture of impunity, between vengeance and peaceful coexistence, between retribution and restorative justice, between fears and legitimate expectations. This article examines and compares the South African Truth and Reconciliation Commission (TRC) and the ad hoc International Criminal Tribunal for the former Yugoslavia as mechanisms for peace, justice and reconciliation in South Africa and the former Yugoslavia. It argues for a restorative model of justice. In this view, reconciliation is fundamental to the restoration of relationships between the victim, the offender and the State. Notes, ref.