Justice after Conflict : Human Rights in a Dilemma

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This essay explores the concept of restorative justice in post-conflict reconciliation environments. Through a human rights perspective the author sees a conflict between restorative justice and retributive justice. This is presented in a theoretical framework for post-conflict reconciliation. To more explicitly illustrate the advantages of restorative justice the example of South Africa is used. The transition from apartheid to democracy that was facilitated by the Truth and Reconciliation Commission in the 1990?s is an example of where tribunals like Nuremburg after World War II would most likely have had sever and dire consequences in form of a racially fueled civil war. This eventuality is something that human rights advocates must not forget when the discourse today almost entirely is focused on tribuna...