POLS 490: HUMAN RIGHTS AND TRANSITIONAL JUSTICE Indiana University

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1 POLS 490: HUMAN RIGHTS AND TRANSITIONAL JUSTICE Indiana University Prof. Cyanne E. Loyle Spring 2017 Office: Woodburn Hall 339 Course Time: Monday 2:00 4:30 p.m. Office Hours: Wednesday 1:30 3:00 p.m. & by appointment Course Location: AC C107 Introduction Injustice anywhere is an affront to justice everywhere. - Martin Luther King, Jr. (1963) Over the last thirty years we have seen a rapid increase in the push for accountability following political transitions and violent conflict as a means of reckoning with gross violations of individual human rights. Including the trials at Nuremberg and Tokyo, the South African Truth and Reconciliation Commission and the creation of the International Criminal Court, these processes, called transitional justice, have become a prominent way for dealing with violence and its legacy in the 21 st Century. This seminar is designed as a survey of the existing justice options following armed conflict. In addition to cataloguing the range of different mechanisms that can and have been used to address human rights violations, we will discuss the main debates and obstacles surrounding their use. Course Objectives Upon completion of the course, students will be expected to demonstrate a working understanding of transitional justice, including knowledge of the different types of processes used to date, why transitional justice is put in place as well as why some policymakers and activists may argue against the implementation of these mechanisms. Expected learning outcomes include the ability to demonstrate the following: A strong understanding of your individual human rights including how and when these rights can be violated General knowledge of the types of transitional justice processes in use today Detailed understanding of the main debates surrounding transitional justice A strong ability to articulate an opinion in these debates and argue that point accordingly Course Requirements Students are expected to participate actively in all discussions and to complete readings and assignments prior to each class. The requirements for this course consist of weekly reading assignments as well as critical response topic essays, class presentations, and a final exam. In addition to these requirements, students will be graded on attendance and class participation. Readings and assignments are due on the day they are listed on the syllabus. 1. Readings The reading assignments for this course will consist of chapters from Olivera Simić ed. An Introduction to Transitional Justice (Routledge, 2017) and Martha Minow s Between Vengeance and Forgiveness

2 (Beacon Press, 1998) as well as numerous other articles and book chapters. Both books are available at the University bookstore. Article and book chapter assignments will be available on the course s Canvas page. It is your responsibility to complete all readings before class. If one of the readings is not available on Canvas, please contact me as soon as possible. 2. Participation/Attendance This course is an advanced special topics course, as such students are expected to participate heavily in class discussion. Students should complete all readings before class and should come to class ready to discuss and debate the individual arguments presented in the readings. The syllabus provides guiding questions for each week s readings and students should come to class with an answer to each question. Attendance of each class in its entirety is mandatory and is included as a component of the final grade. Because this course meets once per week, only one absence is permitted for the semester. Additional absences will result in a reduction of the final participation/attendance grade of 2 grade points per absence. Absences resulting from extreme and unpredictable circumstances will be dealt with on an individual basis. Students observing University designated days of religious observance should notify me at the beginning of term. 3. Critical Response Topics In order to strengthen your ability to evaluate an argument and formulate your own opinion on a topic in this field, each student will write critical response topics (CRT). A CRT should be approximately 5 pages in length (double spaced) not including the reference page. CRTs longer than six pages will not be accepted. Your CRT should make an argument and develop both the supporting and opposing points of view. All parts of the question must be addressed. The CRT should address the question(s) using material read in class and additional material where appropriate. All material used must be properly cited using an in-text citation format. The CRT should be well-written and proofread; points will be deducted for poor spelling and grammar. This course is an IU designated, intensive writing seminar, as such, students will have the opportunity to revise their work and resubmit it based on instructor comments. CRT revisions will be due the week after the CRTs are returned to the class. In most cases this will be two weeks after the original CRT is due. Please see me during office hours if you have any questions on the revision comments that you receive. You are required to revise one CRT. For the remaining two CRTs you can choose to make revisions in which case I will record the higher of the two grades. When you turn in a revised CRT, include your first version with my comments. The CRT is due for the week that it is listed i.e. the CRT listed for Week 6 must be turned in during the class period for Week 6. Late CRTs will not be accepted. Each CRT will be scored out of a total of 10 points. 4. Class Presentations While we will examine case-specific transitional justice processes throughout the course, our readings will devote limited time to specific country case studies. Case examples will be addressed through class presentations. Class presentations will be used to supplement the class discussion. These presentations will reflect on the critical questions raised in class through the lens of a specific transitional justice process. Each presentation should address an overview of the conflict/human rights violations that took place in the case country and the structure of the transitional justice process that was selected, whether or not the process was a success, and the current state of the country/context today. Individuals/groups should ensure that their presentations engage with the debates that have been discussed in class. 2

3 Presentations can be made individual or as a group with one other person (2 people max per presentation). Presentations should be approximately 5-10 minutes in length, include a power point or other visual guide and bibliography of material used. Handouts for the class are encouraged, but not required. Short film clips are permitted, but should directly enhance the presentation material. Presentations will be graded on style, the students engagement with the material, and the degree to which the presentation contributes to the overall debates and discussion of the course. Topics and presentation dates will be selected in class on January 23 rd. Class presentations are graded out of a total of 15 points. Case material from the class presentations will be included in the final exam. Students who are not presenting are expected to take notes and ask informed questions of their fellow student presenters. 5. InLight Human Rights Documentary Film Festival Students are required to attend one film at the IU InLight Human Rights Film Festival. The film is of the students choosing, however I encourage films whose topics directly contribute to the course material. Students are asked to write a 1 page (single spaced) reaction to that work and be prepared to discuss their reaction in class. Reaction papers are due in class on April 10. Additional information on show times and films will be distributed closer to the date. If you are unable to attend any film that weekend please contact me in advance for an alternative film assignment. The reaction paper will be graded out of a total of 5 points. 6. Final Exam The final exam will be a take home essay exam. It will be cumulative and will address the concepts, theories and debates that we cover in class. This includes the readings, films, and class presentations. Note, readings and their content not discussed in class may still appear on the final exam. Students are urged to do all the reading assignments and take notes accordingly. The final exam should showcase your progress towards the course objectives both in terms of course material and in your ability to develop an argument and articulate your viewpoint. The exam will be graded on your demonstration of these objectives as well as grammar and spelling. The main objective of this assignment is for you to demonstrate a working knowledge of human rights, transitional justice, and the current debates surrounding these processes. The final exam is 30% of your final grade and an important indicator of your learning in this course. The exam will be distributed on April 17 and will be due in my office (Woodburn 339) by 3pm on Wednesday April 26. No extensions will be given. Budget your time efficiently. Grading 20 points Participation/ Attendance 5 points InLight Film Festival Reaction Paper 30 points Critical Response Topics 15 points Class Presentation 30 points Final Exam Grade Assignment: points A points B points C points D 59 points and below F Academic Integrity Statement The integrity of the classes offered by any academic institution solidifies the foundation of its mission and cannot be sacrificed to expediency, ignorance, or blatant fraud. As a student at IU, you are expected to adhere to the standards and policies detailed in the Code of Student Rights, Responsibilities, and Conduct 3

4 (Code). Therefore, I will enforce rigorous standards of academic integrity in all aspects and assignments of this course. All suspected violations of the Code will be handled according to University policies. Sanctions for academic misconduct may include a failing grade on the assignment, reduction in your final course grade, a failing grade in the course, among other possibilities, and must include a report to the Dean of Students, who may impose additional disciplinary sanctions. Should you have any questions about possible improper research citations or references, or any other activity that may be interpreted as an attempt at academic misconduct, please see me before the assignment is due to discuss the matter. A Note on the Course This is a course on how societies recover from conflict and state repression, as such, at times you will be exposed to descriptions of violent acts (including mass killings and sexual crimes), confessions of perpetrators, testimony of victims, and difficult moral and ethical questions. Furthermore, movie and video content on these subjects may be graphic and contain potentially disturbing images. If at any point you anticipate that particular readings, videos or topics will be difficult for you, please contact me in advance. Similarly, if after readings or a discussion, you feel unsettled or troubled in anyway, please contact me so we can discuss the matter and make appropriate arrangements. COURSE ASSIGNMENTS Week 1- January 9: Introduction to the Debates of Transitional Justice Introductions and overview of course topics and expectations. Discussion of the core concepts and debates on transitional justice. What are the tensions between justice and peace following the mass abuse of human rights? How does the legacy of human rights violations impact individuals and societies into the future? ** Film: Granito: How to Nail a Dictator (2011) Week 2- January 16: MLK DAY Week 3- January 23: Human Rights and the Legacies of those Violations What are your human rights? What is the responsibility of the state in protecting those rights? How and when does the state (or other actors) violate those rights? What examples do you have of human rights violations from other courses or your own readings? Minow, Chapter 1 and 2 Langlois, Anthony. Normative and Theoretical Foundations of Human Rights Chapter 1 in Human Rights Politics and Practice (2009) Smith, Rhona K. M. Human Rights in International Law Chapter 2 Cardenas, Sonia. Human Rights in Comparative Politics Chapter 5 4

5 Week 4- January 30: An Introduction to Transitional Justice Overview of goals of transitional justice. What does the transitional mean? What are the options and why is it put in place? What is the relationship between transitional justice and human rights? What do governments and societies implementing transitional justice hope to accomplish? What major factors shape domestic transitional justice decisions? Simić ed., An Introduction to Transitional Justice Simić ed., The Development of Transitional Justice Zalaquett, Jose. Balancing Ethical Imperatives and Political Constraints: The Dilemma of New Democracies Confronting Past Human Rights Violations Excerpt Backer, David Cross-National Comparative Analysis in Assessing the Impact of Transitional Justice in Challenges for Empirical Research ed. Hugo Van Der Merwe et al. Week 5- February 6: International Criminal Justice What are the challenges and limitations to implementing trials following armed conflict? Why choose international trials over domestic trials? What is victor s justice? What is the relationship between the ICC and domestic transitional justice options? What is the current debate surrounding ICC intervention into ongoing armed conflicts? 1. International Criminal Tribunal for the Former Yugoslavia 2. International Criminal Court Case against Thomas Lubanga 3. Extraordinary Chambers in the Courts of Cambodia Simić ed., International Criminal Justice Minow, Chapter 3 Peskin, Victor. Beyond Victor's Justice? The Challenge of Prosecuting the Winners at the International Criminal Tribunals for the Former Yugoslavia and Rwanda. Journal of Human Rights 4,2 (2005): Clark, Phil Law, Politics and Pragmatism: The ICC and Case Selection in Uganda and the Democratic Republic of Congo, in Courting Conflict? Justice, Peace and the ICC in Africa, edited by N. Waddell and P. Clark (London, UK: Royal African Society, 2008): Week 6- February 13: Challenges to the ICC What are the current challenges faced by the International Criminal Court? What is the likelihood that the ICC will be an effective body in preventing human rights abuses in the future? What are the factors likely to contribute to it s success or failure? ** Film: The Prosecutor (2010) Critical Response Topic #1: What is the potential role of the international community in prosecuting crimes committed during domestic conflicts (and political transitions, for example, through international criminal tribunals or the ICC? What are the pros and cons of international involvement? Should the international community become involved? 5

6 Week 7- February 20: Truth and Reconciliation Commissions What is a truth commission? Under what circumstances are truth commissions most likely to be selected? Why? What is the truth part of the truth commissions? 1. Commission for Reception, Truth and Reconciliation, East Timor 2. Equity and Reconciliation Commission, Morocco 3. Commission for Historical Clarification, Guatemala Simić ed., Truth and Reconciliation Commissions Minow, Chapter 4 Hayner, Priscilla B. Fifteen Truth Commissions 1974 to 1994: A Comparative Study. Human Rights Quarterly 16.4 (November 1994): Daly, Erin Truth Skepticism: An Inquiry into the Value of Truth in Times of Transition, International Journal of Transitional Justice 2:1 (2008): Week 8- February 27: Amnesty What is the tradeoff between truth and justice? Why is amnesty given? Amnesty Act, Uganda 2. South African Amnesty Commission Simić ed., Amnesty Mallinder, Louise. Can Amnesties and International Justice be Reconciled? International Journal of Transitional Justice 1,2 (2007): Van Zyl, Paul. Dilemmas of Transitional Justice: The Case of South Africa s Truth and Reconciliation Commission. Journal of International Affairs 52.2 (Spring 1999): ** CRT# 1 REVISION DUE ** Week 9- March 6: Challenges to Reconciliation What is reconciliation? What are the challenges to societal reconciliation? Is reconciliation important? How would we know if it occurs? ** Film: Long Night s Journey Into Day (2000) Critical Response Topic #2: What are the tensions between truth and justice following armed conflict or political transition? Define these terms and discuss what they mean in this context? Truth commissions have generally been argued to bring truth and/or reconciliation, while trials bring justice and/or retribution, why is this the case? Which do you think (truth or justice) is more important? ~ SPRING BREAK~ 6

7 Week 10- March 20: Lustration and Vetting What are the alternatives to trials and truth commission? In what context does vetting and lustration usual take place? Why is it selected? 1. DeBaathification in Iraq 2. Lustration in Poland (1997) Simić ed., Lustration and vetting David, Roman, From Prague to Baghdad: Lustration Systems and their Political Effects, Government and Opposition 41:3 (2006), Pfiffner, James P. US Blunders in Iraq: De-Baathification and Disbanding the Army, Intelligence and National Security 25:1 (2010): Week 11- March 27: Transitional Justice and Peacebuilding It is often argued that addressing the past is important for peace in the future, is this the case? What is the relationship between transitional justice and peacebuilding? What are the critiques of this relationship? Simić ed., Transitional Justice and Peacebuilding Leebaw, Bronwyn Anne. The Irreconcilable Goals of Transitional Justice. Human Rights Quarterly 30,1 (February 2008): Mendeloff, David Truth-Seeking, Truth-Telling, and Postconflict Peacebuilding: Curb the Enthusiasm?. International Studies Review 6(3): Loyle, Cyanne E. and Christian Davenport Transitional InJustice: Subverting Justice in Transition and Post-Conflict Societies. Forthcoming in Journal of Human Rights. ** CRT#2 REVISION DUE ** Week 12- April 3: Challenges to Peacebuilding What were the unique challenges facing Sierra Leone at the end of the Civil War? How did the Special Court address those challenges? How did each group (rebels, government, victims) respond to the Special Court? ** Film: War Don Don (2010) Critical Response Topic #3: Some scholars and policy makers argue that there is a tension between peace and justice. What is this tension? Give some examples of this tension in post-conflict or post-transition societies. What do you think is more important, peace or justice, and why? **April 8-9: InLight Human Rights Documentary Film Festival Students are required to attend one film and to write a 1 page reaction to that work. Reaction papers are due in class April 10. Additional information on show times and films will be distributed closer to the date. 7

8 Week 13- April 10: Local transitional justice- customary law, healing rituals, and everyday justice What does it mean to choose traditional justice options? What does it mean for a process to be local? What are the benefits and disadvantages of traditional processes? 1. Mato Oput in Uganda 2. Gacaca in Rwanda Simić ed., Local Transitional Justice Bickford, Louis. Unofficial Truth Projects, Human Rights Quarterly 29:4 (2007): Quinn, Joanna. Social Reconstruction in Uganda: The Role of Informal Mechanisms in Transitional Justice. Human Rights Review 8:4 (2007): Sarkin, Jeremy. The Tension Between Justice and Reconciliation in Rwanda: Politics, Human Rights, Due Process and the Role of the Gacaca Courts in Dealing With the Genocide. Journal of African Law 45,2 (2001): ** INLIGHT FILM FESTIVAL RESPONSE PAPER DUE** Week 14- April 17: Reparations Aside from peace, justice and truth, what other needs do victims have following human rights violations? How can alternative forms of accountability address some of these needs? What programs have been successful? What challenges do alternative forms of accountability face? Simić ed., Reparations Minow, Chapter 5 Magarell, Lisa Reparations in Theory and Practice, Reparative Justice Series, International Center for Transitional Justice. Colvin, Christopher J. Overview of Reparations Program in South Africa : ** CRT #3 REVISION DUE ** ** FINAL EXAM DISTRIBUTED IN CLASS ** Week 15- April 24: Measuring the Success (or failure) of transitional justice When can we consider transitional justice a success? Who s definition of success matters? Simić ed., Measuring the Success (or failure) of transitional justice Minow, Chapter 6 ** FINAL EXAMS DUE WEDNESDAY, APRIL 26TH BY 3:00PM TO WOODBURN 339 ** 8