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Provoking the dragon on the patio Matters of transitional justice: penal repression vs. amnesties

Published online by Cambridge University Press:  06 December 2006

Laura M. Olson
Affiliation:
The ICRC Regional Delegation for the United States and Canada

Abstract

This article modestly seeks to address some of the various matters related to transitional justice and focuses on whether penal repression for violations of international humanitarian law and international human rights law must be insisted upon in all situations, or if there are cases where other action, in particular amnesties, would be more appropriate to ensure national reconciliation or the peaceful development of a country. Dilemmas clearly exist in responding to such choices, calling for the ability to maintain a judicious balancing act between competing important interests, including the most basic decision of whether or not to provoke the dragon on the patio.

Type
Truth and Reconciliation Commissions
Copyright
2006 International Committee of the Red Cross

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