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ID: 100195

Impact of international tribunals and domestic trials on peace / Meernik, James D; Nichols, Angela; King, Kimi L

Meernik, James D	Journal Article
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2010.

Summary/Abstract

We analyze whether international criminal tribunals and domestic human rights trials can play an important role in peacebuilding in post-conflict societies. Advocates and scholars argue that by providing justice and truth, helping to remove war criminals and peace spoilers from their societies, and by contributing to deterrence, these institutions contribute to improvements in human rights and the maintenance of peace. Other scholars assert that few such beneficial effects have occurred. We test the impact of international tribunals and domestic trials on the recurrence of civil war and human rights improvements in states that have emerged from civil war since 1982. The evidence regarding their beneficial impacts is fairly clear, however, and suggests that while domestic human rights trials and international tribunals do not exercise any negative effects, they do not appear to contribute to reducing the recurrence of civil war or improvements in human rights practices.

Key Words

Human Rights ; Peace ; Trials ; Transitional Justice ; Tribunals ; Civil War

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ID: 165883

Politics of Pursuing Justice in the Aftermath of Civil Conflict / Kim, Nam Kyu; Hong, Mi Hwa

Kim, Nam Kyu	Journal Article
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Summary/Abstract

Why do some states pursue transitional justice (TJ) in the immediate aftermath of armed conflict while others do not? What drives a state to select a particular type of justice mechanism over another? Building on the political explanations of TJ, we argue that postconflict justice (PCJ) decisions are driven by the interests and power of political elites shaped by recently ended conflicts. Our empirical analysis shows that conflict outcomes and their subsequent impact on the balance of power between the government and rebel groups are the most important determinants of PCJ decisions. Domestic trials are most likely to emerge out of a decisive, one-sided victory while truth commissions and reparations are most likely to occur after a negotiated settlement. We also find that conflict severity interacts with conflict outcomes to affect PCJ decisions.

Key Words

Human Rights ; Civil Wars ; Internal armed Conflict ; War Crimes ; Tribunals

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