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Title: The Co-existence of Transitional Justice Mechanisms
Author: Elliott, Ingrid
ISNI:       0000 0001 3444 8215
Awarding Body: University of Aberdeen
Current Institution: University of Aberdeen
Date of Award: 2007
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This thesis is a critical analysis of the co-existence of different transitional justice mechanisms in societies with a legacy ofhuman rights violations by the State. Traditionally truth commissions and criminal justice have been pitted as alternatives - truth versus justice - and extra-territorial or internationalised efforts have been seen as substitutes to domestic solutions. However, increasingly these tools have co-existed. The South African Truth and Reconciliation Commission's conditional and individualised amnesty brought the co-existence and interaction of truth commissions and criminal trials into a sharp focus. The aim of this thesis is to examine whether the co-existence of such transitional justice mechanisms can complement and supplement each other, achieving more in regard to the needs of a transitional society than they wouid individually. Using the South African transition as the main focus, but supported by the study of a' representative selection of . other countries which adopted truth commissions as part of their domestic' solutions and those which were the subject of internationalised or extra-territorial efforts at accountability, this thesis. offers four propositions:- (a) that each mechanism is aimed at or capable of achieving different, but important, transitional needs; (b) that each mechanism cannot address all ofa transitional society's needs; (c) that combining mechanisms should therefore allow a society to meet a greater spectrum of its needs; and (d) such combinations in practice require careful planning, implementation and coordination, as the mechanisms can act in competition with each other, reducing each other's effectiveness and success. The thesis concludes with some deductions from the transitions studied for achieving complementary inter-action, which apply to domestic ~ombination of transitional mechanisms and co-ordination between any extra-territorial accountability and domestic efforts. These conclusions should be pertinent and could contribute to the International Criminal Court's future work.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available