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Interrogating the "Gap" between Law and Justice: East Timor's Serious Crimes Process

Kent, Lia

Description

War crimes trials are claimed to hold the capacity to contribute to a range of ambitious justice goals in post-conflict societies, such as the public recognition of victims' experiences, the promotion of respect for the rule of law, and the fostering of reconciliation. This article unsettles these claims through a case study of the UN-sponsored Serious Crimes Process in East Timor. It charts the practical and political constraints upon the Serious Crimes Process which undermined its ability to...[Show more]

dc.contributor.authorKent, Lia
dc.date.accessioned2015-12-07T22:15:14Z
dc.identifier.issn0275-0392
dc.identifier.urihttp://hdl.handle.net/1885/17819
dc.description.abstractWar crimes trials are claimed to hold the capacity to contribute to a range of ambitious justice goals in post-conflict societies, such as the public recognition of victims' experiences, the promotion of respect for the rule of law, and the fostering of reconciliation. This article unsettles these claims through a case study of the UN-sponsored Serious Crimes Process in East Timor. It charts the practical and political constraints upon the Serious Crimes Process which undermined its ability to achieve its own goals. In addition, it draws on interviews with East Timorese survivors to demonstrate the difficulties faced by the Serious Crimes Process in fully meeting locally grounded demands for justice. This analysis illustrates the inherent limits of war crimes trials in responding to calls for justice, which transcend the possibilities of the criminal law.
dc.publisherJohns Hopkins University Press
dc.sourceHuman Rights Quarterly
dc.subjectKeywords: human rights; legislative implementation; political power; political relations; political violence; social justice; Lesser Sunda Islands; Sunda Isles; Timor; Timor-Leste
dc.titleInterrogating the "Gap" between Law and Justice: East Timor's Serious Crimes Process
dc.typeJournal article
local.description.notesImported from ARIES
local.identifier.citationvolume34
dc.date.issued2012
local.identifier.absfor180102 - Access to Justice
local.identifier.absfor180110 - Criminal Law and Procedure
local.identifier.ariespublicationu5240193xPUB2
local.type.statusPublished Version
local.contributor.affiliationKent, Lia, College of Asia and the Pacific, ANU
local.bibliographicCitation.startpage1021
local.bibliographicCitation.lastpage1044
local.identifier.doi10.1353/hrq.2012.0059
dc.date.updated2016-02-24T11:35:32Z
local.identifier.scopusID2-s2.0-84869045191
local.identifier.thomsonID000302326100002
CollectionsANU Research Publications

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