TRANSITIONAL JUSTICE:
Transitional Justice
Transitional Justice

Transitional Justice

Academic year 2017/18 Winter semester

 

Objective

The objective of this Course is to introduce students to transitional justice and post conflict accountability.  This course will give insight into transitional justice concepts and provide the holistic approach to transitional justice. Holistic approach includes addressing all human rights violations in transitional and post conflict societies. After the Course, students should be able to think and analyze critically the transitional justice mechanism. Moreover, by the close of the Course, students should be able to identify and evaluate the fundamental and contemporary questions in the field after exploring several cases in which TJ processes have been initiated as an answer to past atrocities and serious violations of economic social and cultural rights.

 

Lecturers

Ass. Prof. Dr. Sunčana Roksandić Vidlička

Ass. Prof. Dr. Marin Bonačić

Prof. Dr. Davor Derenčinović

Prof. dr. Ivo Josipović

Assoc. Prof. Dr. Maja Munivrana Vajda

 

First meeting

The course starts on Friday, 13 October 2017.

 

 

Time and venue

Fridays from 12 - 14 p.m., CM4 (main building), classroom no. VII.

 

Required literature:

Ruti Teitel (2003) Transitional Justice Genealogy, Harvard Human Rights Journal 16

Drumbl, Mark  A. (2007) Atrocity, Punishment, and International Law

Cambridge University Press, New York, 2007

Hayner, Priscilla (2011) Unspeakable Truths: Transitional Justice and the Challenge of Truth Commissions, New York, Routledge

Lambourne W (2009) Transitional Justice and Peacebuilding after Mass Violence, International Journal of Transitional Justice 3/1, 28-48.

Michalowski, Sabine (ed.) (2013), Corporate accountability in the context of transitional justice, Routledge, 2013, selected chapters

Roksandić Vidlička Sunčana (2016), Prosecuting Economic Crimes as International Crimes, A new mandate for the ICC, Max-Planck-Institut, Duckner& Humblot, 2017 (forthcoming)

Plunder and Pain: Should Transitional Justice Engage with Corruption and Economic Crimes? By Ruben Carranza. IJTJ 2(2008): 310-330

 

Grading and evaluation:

 

Research                                  25%                

Report                                     35%                

Seminar essay                         25%    

Participation in the class         15%

 

Preliminary Schedule of classes:

Date:

Topic:

Friday, 13 October 2017

Introduction (1 hour)

Friday, 20 October 2017

The emergence, development and goals of Transitional justice (2x)

Friday,  27 October 2017

International criminal justice (3x)

Friday, 3 November 2017

Overview of historic developments (e.g. WW II, unification of Germany,  transition of Eastern European States,  South Africa's Truth and Reconciliation Commission, Argentina and Chile etc.) (2x)

Friday, 10 November 2017

Goals of Transitional justice (2x)

Friday, 17 November 2017

Role of Business and Human rights in Transitional Justice Agenda (2x)

Friday, 24 November 2017

Introduction to Transitional justice mechanism dealing with economic violence (Europe, Africa, Asia, Middle East Latin America) (2x)

Friday, 1 December 2017

Criminal prosecutions and amnesties (3x)

Friday, 8 December 2017

Truth commissions (3x)

Friday, 15 December 2017

Reparation programmes and  institutional reforms (including lustration) (2x)

Friday, 22 December 2017

Transitional justice and Balkan Region (including transitional economic crimes) (2x)

Friday, 12 January 2018

Contemporary issues in Transitional justice: Transformative or Transitional justice, Transnational business and human rights in post-conflict state building  (2x)

Friday, 19 January 2018

Transitional Justice concerning economic violence in the case law of European Court of Human Rights (2x)

Friday, 26 January 2018

Future of Transitional justice in addressing violations of human rights: International Criminal Justice, ICC and Transitional Justice (2x)


Transitional Justice
Study: Civil Law - 9. semester
Commercial Law - 9. semester
Constitutional-Administrative - 9. semester
Criminal Law - 9. semester
International Law - 9. semester
The European Union Law - 9. semester
Code: 171407
ECTS: 4.0
Course coordinators: doc. dr. sc. Sunčana Roksandić Vidlička
doc. dr. sc. Marin Bonačić
Lecturers: prof. dr. sc. Davor Derenčinović - Lectures
prof. dr. sc. Ivo Josipović - Lectures
izv. prof. dr. sc. Maja Munivrana Vajda - Lectures
Basic data
Transitional Justice Civil Law - 9. semester
Commercial Law - 9. semester
Constitutional-Administrative - 9. semester
Criminal Law - 9. semester
International Law - 9. semester
The European Union Law - 9. semester
4.0 171407
Lecturer in charge Consultations Location
doc. dr. sc. Sunčana Roksandić Vidlička

Thursday at 10 a.m.

Ćirilometodska 4, room Ćirilometodska 4, soba 54
doc. dr. sc. Marin Bonačić

Tuesdays from 11 a.m.

Tkalčićeva 48-50, room 1
Lecturer Consultations Location
prof. dr. sc. Davor Derenčinović (Lectures)

In the academic year, 2018/2019 consultations will not be held due to a sabbatical. 

Trg Republike Hrvatske 14, room 41/II
prof. dr. sc. Ivo Josipović (Lectures)

Monday, 12 a.m.

Trg Republike Hrvatske 14, room 46/II. kat
izv. prof. dr. sc. Maja Munivrana Vajda (Lectures)

Wednesdays at 3:00 p.m.

Trg Republike Hrvatske 14, room soba 37/II
Literature
Roksandić Vidlička Sunčana; Prosecuting Serious Economic Crimes as International Crimes; Duncker+Humblot Berlin (2018), str. selected chapters
Teitel Ruti; Globalizing Transitional Justice; Oxford University Press (2016), str. selected chapters
Description
The objective of this Course is to introduce students to transitional justice and post conflict accountability redress mechanisms. The notion of transitional justice comprises the full range of processes and mechanisms associated with a society s attempt to come to term with a legacy of large-scale human rights abuses in order to ensure accountability and serve justice. TJ measures include criminal prosecutions, truth commissions, reparation programmes and various kinds of institutional reforms that will be addressed throughout the Course (primarily dealing with economic violence that occurred during transition and conflicts).

The economic, social and legal problems confronting societies in transition and after conflicts have attracted great attention in recent decades, especially since the unification of Germany, collapse of communistic states, war in former Yugoslavia, formation of South Africa s Truth and Reconciliation Commission and Arab spring. This course will give insight into transitional justice concepts primarily concerned with economic violence. Therefore, the Course will provide the holistic approach to transitional justice. Holistic approach includes addressing all human rights violations in transitional and post conflict societies. The specific problem in apply transitional justice mechanisms presents addressing economic crimes and violations of economic, social and cultural rights (economic violence). After the Course, students will be able to think, analyze and write critically about the transitional justice mechanism in general. In depth knowledge will be acquired in addressing economic violence in international criminal and transitional justice discourse (e.g. UN business and human rights agenda).
Exam dates
Detailed data
Cognitive Skills:

After the Course, students should be able to think and analyze critically the transitional justice mechanism concerning economic violence, including social and corporate accountability practices when dealing with transnational business in post-conflict and transitional societies. Moreover, by the close of the Course, students should be able to identify and evaluate the fundamental and contemporary questions in the field after exploring several cases in which TJ processes have been initiated as an answer to past atrocities and serious violations of human rights, Student will gain knowledge on transitional justice and international criminal justice mechanism concerning addressing economic violence. 

Practical and Generic Skills:

The students will be able to apply acquired knowledge in the globalized communities, including MNC (multinational companies), NGOs, UN agencies, ICC; ad-hoc tribunals, operating in, or addressing  transitional/post-conflict societies.

Matching Assessments to Learning Outcomes:

 Understand the complexity of the transitional and post-conflict societies and massive human rights abuses and efforts to address human rights abuses through appropriate TJ mechanisms (criminal prosecutions, truth commissions, reparation programmes and various kinds of institutional reforms)

- Critically analyze the goals of transitional and international criminal justice and post-conflict state building that are addressing (or fail to address) economic violence, business and human rights. Engage with normative and empirical debates in contemporary transitional and international criminal justice issues (e.g. Transnational Business and Human Rights in transitional societies (case  study of e.g. Croatia and Nigeria); identify and evaluate the fundamental and contemporary questions in the TJ discourse  concerning economic violence (policy debates)

-Think and analyze critically the transitional justice mechanism, including social and corporate accountability practices 

- Understand TJ policies created to address past massive human right abuses in transitional and post-conflict societies in different regions (e.g. Eastern Europe, Balkan, Africa, Asia, Middle East)

 

There will be a final written exam in the form of short essay alongside presentation with the topic chosen by student.  The final grade will also be based on the level of each student participation in the class discussions.