학술논문

The Impact of International Tribunals and Domestic Trials on Peace and Human Rights After Civil War Impact of Transitional Justice.
Document Type
Article
Source
International Studies Perspectives. Nov2010, Vol. 11 Issue 4, p309-334. 26p. 10 Charts.
Subject
*INTERNATIONAL criminal courts
*TRANSITIONAL justice
*TRIALS (Law)
*HUMAN rights
*PEACE
*PEACEBUILDING
*WAR criminals
*DETERRENCE (Military strategy)
*CIVIL war
Language
ISSN
1528-3577
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. [ABSTRACT FROM AUTHOR]