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Study On "Transitional Justice" In East Timor

Posted on:2019-08-13Degree:MasterType:Thesis
Country:ChinaCandidate:L PengFull Text:PDF
GTID:2416330548981768Subject:Political science
Abstract/Summary:PDF Full Text Request
Transitional justice is a response to past period of large-scale systematic human rights violations,and the purposes are to promote justice,facilitate domestic and foreign reconciliation,and bridge the social fissures.Transitional Justice is an important milestone in the development of a country's democratic politics towards mature development,and it is also an inherent need to establish the legitimacy of its transitional regime.After the Second World War,it is widely recognized that to redress justice and to punish the severely massive violations of human rights by the international community.In the 1970s,with the development of the "third wave of democratization" and the attention of the international community to human rights,transitional justice began to enter the field of study of Western scholars and developed rapidly after the Cold War.At present,the crimes that infringe upon human rights,such as how to handle the past human rights abuses,have gradually become a common problem faced by the international community.Almost all countries and regions with successful transitions to democracy and peace have been plagued by this problem.Even some countries and regions are still deeply involved.Transitional justice,however,is a problem that every country and region that has experienced this process must face and properly solve it.The East Timor's transitional justice practices as a typical representative of transitional justice,has inherited the characteristics of transitional justice.At the same time,compared with the transitional justice of other regions and countries,east timor's transitional justice has shown its own differences in the participant and the institutional settings and the final results.Different from the practice of transitional justice in most other regions and countries,the main participants of the East Timor's transitional justice are the United Nations and the two sovereign states of East timor and Indonesia.Moreover,the institutional setup of transitional justice in Timor-Leste is relatively comprehensive.It includes both criminal prosecution agencies and truth commissions.The former mainly targets criminals who commit grave human rights violations,while the latter mainly targets criminals who commit crimes that violate human rights.They provided a solution for East Timor's justice extension,truth investigation and social reconciliation work,and provided references for the practices of transitional justice in other regions and countries.However,East Timor's transitional justice process was accompanied by its democratic transformation and peaceful transformation.This made East Timor's use of legal means to be responsible for accountability while at the same time forced to lay particular stress on social reconciliation due to political reality.This article proceeds from the general study of transitional justice and provides an in-depth analysis of the background of East Timor's implementation of the transitional justice practice,the participant and the specific institutions,and the effectiveness of these institutions.The article maintains that the comprehensive role of East Timor,Indonesia and the United Nations,have affected the development and effectiveness of the whole process of transitional justice in East Timor.Although the purposes of transitional justice is to find the truth,promote justice,and promote reconciliation,but actually these goals are based on the premise of peace.In the course of practice,the influence of various subjective and objective factors inevitably leads to a huge gap between between the actual effect and the ideal goal of transitional justice.
Keywords/Search Tags:East Timor, Indonesia, United Nations, Transitional Justice, Reconciliation
PDF Full Text Request
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