Teitel Criminal Justice (pp 1-13)

Chapter Two: Criminal Justice

Transitional Justice in Public Imagination

• Definition: Transitional justice is frequently associated with punishment and trials of previous regimes.

• Historical Symbols:

  • English and French Revolutions: Trials of Kings Charles I and Louis XVI symbolize the transition from monarchy to republicanism.

  • Nuremberg Trials: Important historical monument representing accountability after WWII.

  • Southern Europe Transitions: Greece's trials against military colonels exemplify democracy's victory over military rule.

  • Argentina's Junta Trial: Marked the end of oppressive governance in Latin America.

• Current debates revolve around whether to punish or grant amnesty, questioning individual versus collective responsibility and the nature of law in transitions.

Dilemmas of Transitional Criminal Justice

• Key Questions:

  • Should societies punish former leaders or provide amnesty?

  • Is punishment about retribution or renewal of the rule of law?

  • Who is responsible for past repression?

• Core Tension: How to transition from illiberal regimes while adhering to democratic norms.

• Legal Interpretation: How should transitional criminal justice be conceptualized – as extraordinary or within ordinary legal frameworks?

• Relevance of Legal Order: Military vs. civilian, international vs. national

Sanctioning in Transitional Justice

• Transitional Compromise: Usually leads to the “limited criminal sanction,