Année
2017
Volume
11
Numéro
1
Page
59
Langue
Anglais
Juridiction
Référence
L. MOFFETT, “Reparations in Transitional Justice: Justice or Political Compromise?”, HRILD 2017, nr. 1, 59-70
Résumé
Reparations are often held up in transitional justice as a ‘victim-centred’ means of dealing with the past. Yet transitional justice has oft en been criticised for sidelining victims in peace negotiations or for other actors appropriating their voices for their own political ends. As a result, reparations in transitional societies can oft en be ‘transactional’, an exchange for concessions made to perpetrators, such as amnesties, or as ‘blood money’ for victims to forego pursuing accountability. This article explores how the political construction of reparations in transitional justice can come into conflict with understandings of reparations as justice based more in international law. As such, it argues that reparations in transitional justice have to be better conceptualised in balancing competing political and legal claims, as well as engaging with emerging debates on transformative justice.