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La justice de l'après-conflit politique : justice pour les victimes, justice sans tiers ?

Abstract : Post-civil war justice processes are quite controversial. Some think that transitional justice is a political justice led by the perpetrators. These observers request the intervention of an impartial third party, the defense of the accused as well as the protection of the victim. Many others welcome a new restorative justice that is deemed to give a central role to the victims, to promote the healing of people and the reconstruction of war-torn societies. Civil conflicts undoubtedly turn standard judicial practices upside down. Often, criminal offenses cannot be qualified as such under the criminal code, perpetrators cannot be prosecuted and victims face suspicion. But ad hoc transitional justice institutions should be approached from a more nuanced, empirically grounded position. They are evidently political, but are neither handled by the perpetrators or victims, nor governed by their traumatic emotions. Transitional justice welcomes victims but simultaneously imposes constraints on them. Victims can often express themselves, for example through truth commission hearings, but must speak a consensual, apolitical, language. Many third parties interfere in the so-called duel or dialogue between perpetrators and victims.
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https://halshs.archives-ouvertes.fr/halshs-01524742
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Submitted on : Thursday, May 18, 2017 - 5:25:40 PM
Last modification on : Thursday, October 21, 2021 - 3:16:31 PM

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Sandrine Lefranc. La justice de l'après-conflit politique : justice pour les victimes, justice sans tiers ?. Négociations, De Boeck Supérieur, 2015, ⟨10.3917/neg.024.0101⟩. ⟨halshs-01524742⟩

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