轉型正義與國際人權法專題
Seminar on Transitional Justice and International Human Rights Law
| 節 | 週一 |
|---|---|
3 10:10–11:00 | 轉型正義與國際人權法專題 MB1063 2 節連堂 |
4 11:10–12:00 |
* 根據陽明交大上課時間表所列
How do we transition from dictatorship to democracy? How do we transition from conflict to peace? How do we address decades of human rights abuses? Do we have to face the past to move forwards and break cycles of violence? Trying to give ‘justice for victims’ of mass abuses raises large conceptual and practical difficulties, especially when a state is young, its political balance is delicate, and its society is divided. What happens when international actors get involved? These are some of the questions we will be addressing in this course. Transitional justice has emerged as an approach to achieving ‘justice’ in these complex situations such as in Taiwan. This course is designed to provide students with an introductory understanding of transitional justice theory and practice and the challenges faced in real contexts. In addition to lectures and class discussions, this course utilises a wide range of experiential and participatory learning methods, including practical exercises, simulations, presentations, and role plays. All instruction, discussions, and assignments will be conducted in English.
No background in law is needed. Fast-track course, meets every Monday, Tuesday and Wednesday evenings from 6:45-9:35 between Sept. 9 to Oct. 2 (please disregard the scheduled class time on the registration system) Location: MB1063 (1st Floor, Management Building 2)
How to register for the course? 1. Log into the registration system 2. Pick Graduate Courses--Degree Program--College of Technology Law--ITL(Degree Program of Technology Law) 3. Course number 5212
Class participation is expected. The final evaluation and grade will consist of class participation & assignments (40%) and a final exam or project (60%).
| 週次 | 主題 |
|---|---|
| 第 1 週 | Course Introduction What atrocity? What are the roots of atrocity? Whose victim? Whose perpetrator? |
| 第 2 週 | Principles of Transitional Justice Overview of Mechanisms |
| 第 3 週 | Overview of International Crimes International Criminal Courts: Are they equipped to address mass atrocity and contribute to transitional justice? |
| 第 4 週 | Individual and Collective Guilt and Responsibility: who is liable for atrocity? How is that reflected in transitional justice’s goals and mechanisms? |
| 第 5 週 | International Standards and Local Justice The United Nations and other International Organisations Who does it better? |
| 第 6 週 | International Standards and Local Justice The United Nations and other International Organisations Who does it better? |
| 第 7 週 | Truth and Reconciliation Commissions When are they successful and when do they fail? |
| 第 8 週 | Truth and Reconciliation Commissions When are they successful and when do they fail? |
| 第 9 週 | Reform Processes: Can they prevent future injustice or do they punish? Memorials and Memorialisation: Do they bring us together or divide us? |
| 第 10 週 | Balancing of Mechanisms and Allocation of Resources: How do different mechanisms work together? Which do we prioritise and how? |
| 第 11 週 | Transitional Justice in Taiwan |
| 第 12 週 | Transitional Justice in Taiwan |
Reference material: Azanian Peoples Organisation (AZAPO) et al. v. President of the Republic of South Africa et al., Constitutional Court, Judgement, CCT 17/96, 17 July 1996. Brehm H, Savelsberg J and Zacher M. (2014) NGOs, IOs, and the ICC: Diagnosing and Framing Dafur. 29(1) Sociological Forum 29. Chiang J. (2013) A Call to Action – Examining Nepal’s Post-Conflict Strategy Towards Persons Accused of Gross Human Rights Abuses, 81 Fordham L. Rev. 939. De Greiff P. (2012) Theorizing Transitional Justice. In Melissa Williams, Rosemary Nagy and Jon Elster (eds.) Transitional Justice (New York: New York University Press). Dezalay S, Hagan J and Levi R. (2014) The Spoken Body: Operational Context, Expertise, and the Spaces Between Fields in International Criminal Law. Law and Society Annual Meeting (Minneapolis, May 29th – June 1st). Drumbl, M. (2007) Atrocity, Punishment, and International Law. Cambridge, New York: Cambridge University Press. Fletcher G. (2004) Collective Guilt and Collective Punishment, 5 Theoretical Inquiries in Law 47. Geneva Conventions of 1949 and Additional Protocols. Hayden R. (2011) What’s Reconciliation Got to do with It? The International Criminal Tribunal for the former Yugoslavia (ICTY) as Antiwar Profiteer. 5(3) J. Intervention & State-building 313. Liebhafsky Des Forges A. (1999) Leave None to Tell the Story: Genocide in Rwanda, Human Rights Watch. Moore LM. (2009) (Re)covering the Past, Remembering Trauma: The Politics of Commemoration at Sites of Atrocity, 20 J. Pub. & Int’l Affairs 47. McAuliffe P. (2011) Hybrid Tribunals at Ten: How International Criminal Justice’s Golden Child became an Orphan, 7 J. Int’l Law & Int’l Relations 1. Melvin NJ. (2007) Conflict in Southern Thailand: Islamism, Violence and the State in the Patani Insurgency, Stockholm International Peace Research Institute. Pathak B. (2005) Politics of the People’s War and Human Rights in Nepal (Kathmandu, BIMIPA Publications). Prosecutor v. Dusko Tadic, Case No. IT-94-1-A, ICTY Appeals Chamber, 15 July 1999. Rome Statute of the International Criminal Court, A/CONF.183/9 (1998), 17 July 1998. Trahan J. (2006) Genocide, War Crimes and Crimes Against Humanity: A topical Digest of the Case Law of the International Criminal Tribunal for the Former Yugoslavia, Human Rights Watch. Zawati HM. (2010) The Triumph of Ethnic Hatred and the Failure of International Political Will: Gendered Violence and Genocide in the Former Yugoslavia and Rwanda (Lewiston, N.Y.: The Edwin Mellen Press).
- 聯絡方式
- Prof. James Lin: lin.jkh@gmail.com