[TimorLesteStudies] Competing Concepts of Justice in East Timor
Jennifer.Drysdale at anu.edu.au
Thu Dec 6 18:40:15 EST 2007
>A new aritcle has been published in the East Timor Law Journal:
>Title: The Commission of Truth and Friendship Indonesia-Timor Leste:
>Competing Concepts of Justice
>Author: Andrew Harrington Joint B.A (Hon.), LL.B / M.A.
>International Affairs Norman Paterson School of International
>Affairs & Faculty of Common Law, University of Ottawa
>Citation: 2007 ETLJ 7
>Publication Date: 5 December 2007
>This paper analyzes the CTF's mandate, criticisms against it, and
>its supporting arguments. The debate over the CTF can be distilled
>into the two camps; 1. The "principled position", which sees
>international penal justice proponents demanding justice out of
>'principle', and who see justice and the 'rule of law' as goals in
>and of themselves, rather than processes; 2. The "realist position"
>which sees justice as means to an end, namely stability, peace,
>democracy, and good governance, and thus are willing to pursue
>various modes of justice with the process being just as much an end
>as the final outcome itself. The realist camp would dispense with
>penal justice were it unable to contribute to the 'ultimate goal',
>whereas the principled position dogmatically pushes for prosecution.
>The principled position criticizes the process as failing to deliver
>international justice, 'whitewashing' the past and ignoring victim
>concerns. 20 The realist camp sees the CTF as an ends-driven process
>and representative of a genuine attempt by both nations to move
>beyond their shared violent past, thus achieving their own
>definition "justice", rooted in shared collectivist cultural values.
>Regardless of the outcome of the CTF as 'success' or 'failure' in
>the eyes of either camp, the findings do not bar Security Council
>action in establishing an international tribunal.
>Warren L. Wright BA LLB
><http://www.eastimorlawjournal.org/>East Timor Law Journal - Towards
>the rule of law in Timor-Leste.
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