Pathways to Transitional Justice in the Arab World ― Reflections on the Asia Pacific Experience

The United Nations defines transitional justice as “the full range of processes and mechanisms associated with a society’s attempt to come to terms with a legacy of large-scale past abuses, in order to ensure accountability, serve justice and achieve reconciliation.”[1]


 

 

MIDDLE EAST-ASIA PROJECT (MAP) ESSAYS ON TRANSITIONAL JUSTICE:
 

Incorporating Cultural and Religious Practices into Transitional Justice: Lessons Related to Islam in Tunisia and Aceh, Indonesia  
Robert Stewart  
The Tunisian transitional justice has not drawn upon the Islamic tradition and would almost certainly not have been able to do so in a way that contributes to the ultimate success of transitional justice there. Why? This article will answer that question by focusing upon the circumstances of Tunisian transitional justice and by comparing them to the transitional justice process in Aceh, Indonesia, where Islamic practices were to some degree drawn upon. These case studies demonstrate that local cultural or religious practices must have widespread legitimacy and popular acceptance if they are to effectively contribute to transitional justice.

Eric Wiebelhaus-Brahm 
In the wake of the revolutionary fervor that has swept the Middle East and North Africa since the beginning of 2011, retributive justice has taken precedence over restorative justice approaches as countries seek to address human rights violations.

Maaike Voorhoeve 
Since the “Arab Spring,” international actors have considered Tunisia an exemplar of democratic transition in the Arab world. But this optimism is increasingly being replaced by fear and frustration, especially within Tunisia itself. Transitional justice—dealing with the crimes committed by previous regimes—is one of the subjects of debate.

Fang-Long Shih  
This paper discusses attempts at reconciliation that followed Taiwan’s transition to democracy after four decades (1947–1987) of political repression in which new settlers from the Chinese mainland, known as waishengren (provincial outsiders), suppressed a native population, known as benshengren (provincial natives), that had formerly experienced 50 years (1895–1945) of Japanese colonial rule. As a case study, I draw on field research undertaken between 2004 and 2006 in the village of Luku. I ask to what extent Taiwan has redressed the defining massacre that occurred on February 28, 1947, known as the 2-28 Incident, and the repression that followed, known as the White Terror (1949–1986). To what extent can Taiwan be sure that state terror will not recur? Further, what lessons are there for the “Arab Spring?”

Renée Jeffery 
Between 1998 and 2003 the Melanesian archipelago state of the Solomon Islands was marked by a violent civil conflict precipitated by a combination of ethnic tensions, economic insecurities, and perceived injustices. Known colloquially as “The Tensions,” the low-intensity conflict left around 200 people dead and more than 11,000 displaced from their homes. In addition, more than 5,700 human rights violations were committed during the conflict, of which at least 1,413 involved torture. Although its transition has not been from authoritarian rule to democracy, the Solomon Islands’ attempts to address the human rights violations that took place during this conflict hold a number of important lessons for the transitional states of the Middle East.

Yemen’s Contentious Transitional Justice and Fragile Peace 
Elham Manea  

Yemen was not immune to the wave of popular uprisings that swept some countries of the Middle East and North Africa region. However, because of the Yemeni state’s fragility, concurrent zones of conflict, and a power struggle that divided the core military and tribal elites, the international community was afraid that the youth uprising that started in January 2011 might lead to a collapse of the state. Given the consequences of such a collapse on the security of the Gulf states, oil production, and the international war on terror, the Gulf Cooperation Council brokered a deal in November 2011—the Gulf initiative—which laid the foundation for a transitional government. The main aim of the initiative was to secure a peace deal that halted Yemen’s slide into chaos. Peace was sought through the brokering of an inclusive National Dialogue Conference (NDC), but peace did not entail changing the regime or its pattern of politics. While transitional justice has been a part of this process of peaceful reconciliation, it raises questions about the sustainability of this peace and provides a showcase of the precarious state of Yemeni affairs.

The Rise and Fall of Transitional Justice in Taiwan 
Christian Schafferer  
Authoritarian rule in Taiwan ended peacefully in the late 1980s. Since then, state institutions and private organizations have repeatedly attempted to address the atrocities committed during authoritarianism (1945-1987). This essay explores the various factors that have determined transitional justice in Taiwan over the last two decades. It demonstrates that post-authoritarian Taiwan has experienced three distinct periods: first, limited apology and compensation (1988-2000); second, attempts at transitional justice that ended in failure (2000-2008); and third, a reversal of all transitional justice mechanisms and a relapse to the past (2008-present). These changes are due in significant part to indigenous conflicts in Taiwan that have not been resolved, but also to global economic and political events that have drastically reduced the focus on democratic governance and accountability.

Rowida Omar 
The situation in Egypt has been very complicated, with the democratic process and path toward transitional justice shifting under four different ruling systems—Mubarak, SCAF, the Muslim Brotherhood, and the interim ruling authorities—over a short period of time. All four systems committed abuses against the people, leaving victims and cases to be investigated. The combination of sharp divisions within society, disagreements about transitional justice itself, and delayed government responses to people’s demands has made the situation particularly charged.

Mark Kersten
In May 2013, Libya’s General National Congress (GNC) overwhelmingly passed the Political Isolation Law (PIL). The PIL’s enactment represented a far-reaching attempt to prevent members of the regime of Muammar Qaddafi from holding public office during the country’s transition. But the decision also appeared to fit a precarious pattern of post-conflict accountability in Libya, which has been characterized by acts of vengeance and one-sided justice aimed at anyone associated with the defeated regime. The passage of the law also reflects the current state of political instability in Libya wherein decisions are politically motivated and often forced at the barrel of the gun rather than agreed upon through public consultation and democratic decision-making.

Matthew Bucher 
“Through wisdom a house is built, and by understanding it is established.” Pope Tawadros II, the Pope of the Coptic Orthodox Church, tweeted this verse of scripture in December 2012. He wrote it as one of a series of daily reflections on the book of Proverbs. This phrase, however, also provides an entry point into the Coptic Orthodox Church and its place in Egyptian civil society. Egypt is in the midst of rebuilding its government and society following an 18-day revolution in 2011, 18 months of military rule that ended with the election of Mohamed Morsi, and the removal of President Morsi one year later by the Egyptian military in July 2013. Egyptian Christians now have the opportunity and challenge to renegotiate their place in Egyptian civil society during this time of unrest and transition. What wisdom, understanding, and vision will Christian clergy and lay leaders put forth in order to co-labor with their neighbors, the state, and other stakeholders to build a new house for Egyptian society? This new vision must be rooted in Copts’ historical experience and include the possibility for new models of engagement and representation.

Beth K. Dougherty  
The de-Ba`thification process in Iraq has fallen profoundly short as a transitional justice mechanism over the past decade. Poorly conceived, badly implemented, and controlled by hard-liners, the process has been so highly politicized that it has eroded the rule of law and intensified the sectarian tensions that are at the heart of the violence haunting Iraq.

"Going Grassroots:" Transitional Justice in Egypt
Mohamed El-Shewy 
 
Since the inception of its transitional justice and accountability program in November 2012, the Egyptian Initiative for Personal Rights (EIPR) has faced a number of challenges related to its work. Of these, one of the most arduous has been operating in a context of ongoing political and social upheaval. The period since November 2012 can generally be divided into three distinct phases, each marking a change in EIPR’s organizational and conceptual approaches to transitional justice. Though EIPR sees its work in Egypt less in phases and more as a long and complicated struggle against injustice and impunity that will likely continue for the foreseeable future, the three phases are helpful for documenting its approach to transitional justice since 2012.

Ehito Kimura  
Transitional justice in Indonesia has largely failed. While exact definitions vary, transitional justice here refers loosely to the righting of past wrongs by holding perpetrators accountable for their actions. In Indonesia, neither Suharto nor any of the high-ranking officials of the New Order era have ever been put on trial or held accountable for human rights abuses during 32 years of authoritarian rule. In fact, no Indonesian has been successfully convicted for past abuses despite numerous attempts to do so.

Theara Khoun  
Cambodia’s traumatic history has often been used as a tool for power among rival politicians in the country, particularly when elections are approaching. This article, however, argues that due to the passage of time, such tactics in relation to the Khmer Rouge have started to lose ground, in particular owing to demographic redistribution, social media outreach, and changes in perception.

The Challenges of Transitional Justice in Cambodia 
Craig Etcheson 
An internationalized transitional justice process has been underway in Cambodia for some years and appears to be nearing a conclusion. This retributive justice process—formally known as the Extraordinary Chambers in the Courts of Cambodia (ECCC) and informally called the Khmer Rouge Tribunal (KRT)—was designed to achieve accountability for gross human rights violations between 1975 and 1979, when Cambodia was ruled by a political movement known as the Khmer Rouge. The ECCC has generated useful lessons for other countries that may be considering a similar exercise. This essay will review a few of those lessons, including (1) political obstacles to ensuring accountability for human rights violations; (2) challenges and limitations of the tribunal model; (3) costs and benefits of amnesties; (4) potential alternative justice mechanisms such as truth commissions, reparations, and apologies; and (5) the consequences of justice too soon and justice delayed.

Transitional Justice and the Politics of Lustration in Tunisia 
Christopher K. Lamont  

No transitional justice dilemma is more contested in Tunisia than that of lustration and vetting. While trials of former ruling elites, either in absentia or in the courtroom, grab international headlines, the question of how to deal with the tens of thousands of former Ben Ali regime functionaries who were complicit in past abuses yet are not likely to be brought to trial has proven even more politically charged. To be sure, the question over the fate of these potential targets of lustration and vetting continues to contribute to Tunisia’s prolonged post-revolutionary political crisis, as draft laws on lustration and ad hoc leaks from state archives solidify cleavages among Tunisia’s diverse array of transitional political actors.

Truth Commissions in South Korea: Lessons Learned 
Hun Joon Kim  

South Korea has launched various transitional justice measures since democratic transition in 1987, with truth commissions being employed most frequently. With at least ten truth commissions established to date, South Korea has been a leader in such initiatives in the Asia Pacific region. This paper analyzes two of South Korea’s most prominent truth commissions―the Jeju Commission and the Truth and Reconciliation Commission (TRC)―in an effort to answer why some truth commissions succeed while others do not.

Judy Barsalou, Barry Knight
Egyptians who believed that the removal of President Hosni Mubarak in February 2011 would lead to the establishment of a democratic government have faced many setbacks. Youthful revolutionary activists unsuccessfully challenged the power of the Supreme Council of the Armed Forces (SCAF) transitional government and the autonomy of the military. The electoral triumph of Islamist parties and candidates in parliamentary and presidential elections in 2011 and 2012 eclipsed weak and inexperienced secular parties and brought to power leaders who failed to ensure adequate representation of political opponents, women, and Copts in key aspects of governing, or to protect Copts from rising attacks. Continuing divisions among opposition forces, along with the roundup of Islamists and other opponents by the military, which engineered the July 2013 removal of President Mohamed Morsi, suggest that the struggle to achieve justice and create an accountable government will be prolonged.

Kirsten J. Fisher  
Since questions of post-atrocity accountability began to surface in regard to the “Arab Spring,” there has been interest in the pursuit of international-led justice in countries that have experienced uprisings, such as Bahrain, Libya, Syria, and Yemen. There were calls for the involvement of the International Criminal Court (ICC) in both Libya and Syria. The ICC has become involved only in Libya. However, this involvement has become mired in struggles that expose the challenges of a system that some regard as simply another expression of a profoundly undemocratic international order.

South Korea: Reflecting on 25 Years of Transitional Justice 
Andrew Wolman
Prior to its first democratically elected government taking office in 1988, the Republic of Korea endured a peculiarly harsh twentieth century. The first decade saw Korea’s last dynasty struggle futilely to modernize amidst the specter of growing Japanese interference. From 1910 until 1945, the nation suffered through the traumatic and humiliating period of Japanese colonization, emerging upon Japan’s defeat in World War II only to face the division of the country into North and South Korea and the incredibly destructive Korean War of 1950-1953. The post-Korean War period was characterized by political divisions, human rights abuses, and economic growth, presided over by a series of authoritarian rulers.

Toward Victim-centered Transitional Justice: Nepal and Timor-Leste
Simon Robins  

The first decade of the twenty-first century has been characterized by the emergence of a new politics of human rights that has become the defining agenda of much national and international politics. This universalist discourse of rights has gained unprecedented leverage in global debate, propelled by narratives that rarely pause to question the evidence or ideology that underlies it. This is nowhere more true than in the practice of human rights after conflict or political violence, in which transitional justice has become a dominant approach to addressing legacies of violations, backed by an industry of practitioners and donors.


BACKGROUND INFORMATION ON TRANSITIONAL JUSTICE:

The Government and Social Development Resource Center’s (GSDRC) Resources on Transitional Justice contains discussions and a wealth of information on the following topics:

DOCUMENTS:

SPECIALIZED JOURNALS:

TRANSITIONAL JUSTICE CENTERS AND WEB-BASED RESOURCES:

GENERAL WORKS ON TRANSITIONAL JUSTICE:

Books and Reports

Bass, Gary Jonathan. 2002. Stay the Hand of Vengeance: The Politics of War Crimes Tribunals. Princeton: Princeton University Press.

Czarnota, Adam, Martin Krygier and Wojciech Sadurski (Eds.) 2005. Rethinking the Rule of Law after Communism. Budapest, NY, Central European: University Press.

De Brito, Alexandra Barahona, Carmen Gonzaléz Enríquez, and Paloma Aquilar (Eds.) 2001. The Politics of Memory: Transitional Justice in Democratizing Societies. New York: Oxford University Press.

Elster, Jon. 2004. Closing the Books: Transitional Justice in Historical Perspective. Cambridge: Cambridge University Press.

Elster, Jon. 2004. “Moral Dilemmas of Transitional Justice”, in Practical Conflicts: New Philosophical Essays, ed. by Peter Baumann & Monika Betzler. Pp. 279-294.

Govier, Trudy. 2002. Forgiveness and Revenge. London: Routledge.

Griswold, Charles L. 2007. Forgiveness: A Philosophical Exploration. New York: Cambridge University Press.

Hayner, Priscilla. 2002. Unspeakable Truths: Facing the Challenges of Truth Commissions. London: Routledge.

Herz, John H. (Ed.) 1982. From Dictatorship to Democracy: Coping with the Legacies of Authoritarianism and Totalitarianism. Westport, CT: Greenwood.

Ignatieff, Michael. 1997. The Warrior's Honor: Ethnic War and the Modern Conscience. New York: Owl Books.

Kritz, Neil (Ed.) 1995. Transitional Justice: How Emerging Democracies Reckon with Former Regimes. 3 vols. Washington, DC: United States Institute of Peace Press.

Kritz, Neil. 2002. “Where We Are and How We Got Here: An Overview of Developments in the Search for Justice and Reconciliation” in The Legacy of Abuse ed. by Alice H. Henkin. New York: the Aspen Institute.

May, Larry. 2007. War Crimes and Just War. New York: Cambridge University Press.

Meredith, Martin. 1999. Coming to Terms: South Africa's Search for Truth. New York: Public Affairs.

Minow, Martha. 1998. Between Vengeance and Forgiveness: Facing History after Genocide and Mass Violence. Boston: Beacon Press.

Murphy, Jeffrie G. 2003. Getting Even: Forgiveness and its Limits. Oxford: Oxford University Press.

Nino, Carlos Santiago. 1996. “Punishment as a Response to Human Rights Violation: A Global Perspective”, in Radical Evil on Trial. New Haven: Yale University Press. Pp. 3-41.

Philpott, Daniel. 2006. The Politics of Past Evil: Religion, Reconciliation, and the Dilemmas of Transitional Justice. Notre Dame: University of Notre Dame Press.

Ratner, Steven R. and Jason S. Abrams. 1997. Accountability for Human Rights Atrocities in International Law: Beyond the Nuremberg Legacy. Oxford: Oxford University Press.

Rothberg, Robert I. and Dennis Thompson (Eds.) 2000. Truth v. Justice: The Morality of Truth Commissions. Princeton: Princeton University Press.

Teitel, Ruti. 2001. Transitional Justice. Oxford: Oxford University Press.

Roht-Arriaza, Naomi, and Javier Mariezcurrena (Eds.) 2006. Transitional Justice in the Twenty-First Century: Beyond Truth versus Justice. New York: Cambridge University Press.

Articles

Akhavan, Payam, “Are International Criminal Tribunals a Disincentive to Peace?: Reconciling Judicial Romanticism with Political Realism”, Human Rights Quarterly31:3 (2009), 624-654.

Arthur, Paige, ‘How “Transitions” Reshaped Human Rights: A Conceptual History of Transitional Justice’, Human Rights Quarterly 31:2 (2009), 321-367.

Bell, Christine, “Transitional Justice, Interdisciplinarity and the State of the ‘Field’ or ‘Non-Field’”,  International Journal of Transitional Justice, 3:1 (2009), 5-27.

Fletcher, Laurel E., Harvey M. Weinstein and Jamie Rowen, “Context, Timing, and the Dynamics of Transitional Justice: A Historical Perspective”, Human Rights Quarterly31:1 (2009), 163-220.

Eisikovits, Nir, ‘Transitional Justice’Stanford Encyclopedia of Philosophy (2009).  

Glasius, Marlies, “What is Global Justice and who decides? Civil Society and Victim Responses to the International Criminal Court’s First Investigations”,  Human Rights Quarterly31:2 (2009), 496-520.

Gready, Paul, “Reconceptualising Transitional Justice: Embedded and Distanced Justice”, Conflict, Security and Development, 5:1 (2005), 3-21.

Kritz, Neil, “Accountability for International Crimes and Serious Violations of Human Rights: Coming to Terms with Atrocities: A Review of Accountability Mechanisms for Mass Violations of Human Rights”, Law and Contemporary Problems, 59:4  (1996), 127-152.

Leebaw, Bronwyn Anne, “The Irreconcilable Goals of Transitional Justice”, Human Rights Quarterly30:1 (2008), 95-118.

McEvoy, Kieran, “Letting Go of Legalism: Developing a ‘Thicker’ Version of Transitional Justice”, Journal of Law and Society, 34:4 (2007), 411-440.

Mendez, Juan, “Accountability for Past Abuses”, Human Rights Quarterly19:2 (1997), 255-282.

Orentlicher, Diane F., “Settling Accounts Revisited: Reconciling Global Norms and Local Agency”, International Journal of Transitional Justice, 1:1 (2007), 10-22.

Orentlicher, Diane F., “Settling Accounts: The Duty to Prosecute Human Rights Violations of a Prior Regime”, Yale Law Journal, 100:8 (1991),  2537-2615.

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), 213-231.

Robins, Simon and Ram Kumar Bhandari. 2012. “From victims to actors: Mobilising victims to drive transitional justice process”, NEFAD: Kathmandu.

Teitel, Ruti, “Transitional Jurisprudence: The Role of Law in Political Transformation”, Yale Law Review, 106:7 (1997), 2009-2080.

Teitel, Ruti, “Transitional Justice Genealogy”, Harvard Human Rights Journal, 16 (2003), 69-94.

Teitel, Ruti, “Transitional Justice Globalized”, International Journal of Transitional Justice, 2:1 (2008), 1-4.

Villalba, Clara Sandoval, “Transitional Justice: Key Concepts, Processes and Challenges,” Institute For Democracy And Conflict Resolution (IDCR) (July 2011).


BACKGROUND MATERIAL ON COUNTRIES FEATURED IN THIS SERIES:

ARAB WORLD (General):

EGYPT

Abou-El-Fadl, Reem, “Beyond Conventional Transitional Justice: Egypt’s 2011 Revolution and the Absence of Political Will”, The International Journal of Transitional Justice, 6:2 (2012), 318-330.

Barsalou, Judy, “Transitional Justice in Egypt: One Step Forward, Two Steps Back”, Norwegian Peacebuilding Resource Center (June 2012).

Hanna, Michael Wahid, “Egypt’s Search for Truth”, The Cairo Review of Global Affairs, 3 (2011), 67-83.

Kassem, Taha, “Transitional Justice in Post-Revolution Egypt: A Reality or an Illusion?” International Journal of Humanities and Social Sciences, 2:5 (2013), 47-56.

Morsy, Ahmed, “Transitional Justice: Egypt’s Way Forward”, Middle East Institute (July 2013).

Petkova, Mariya, “Transitional Justice in Egypt: A Comparison”, Aljazeera Center for Studies (December 2012).

Tawab, Ziad Abdel, “The Crisis of Transitional Justice Following the ‘Arab Spring’: Egypt as a Model”, CIHRS (2013).

IRAQ

Afrin, Zakia, “Post-Conflict Justice in Iraq”, Annual Survey of International and Comparative Law, 14:1 (2010), 23-40.

Bassiouni, M. Cherif, “Post-Conflict Justice in Iraq: An Appraisal of the Iraq Special Tribunal”, Cornell International Law Journal 101 (2005).

Bell, Christine,  Colm Campbell, Fionnuala Ni Aolain, “The Battle for Transitional Justice: Hegemony, Iraq and International Law”.  In John Morison, Kieran McEvoy, and Gordon Anthony (eds) Judges, Transition, and Human Rights (Oxford University Press, 2007), 147-165.

Hollywood, Dana Michael, “The Search for Post-Conflict Justice in Iraq: A Comparative Study of Transitional Justice Mechanisms and Their Applicability to Post-Saddam Iraq” Brooklyn Journal of International Law, 59 (2007), 116-121.

ICTJ and Human Rights Center, University of California at Berkeley, Iraqi Voices: Attitudes Toward Transitional Justice and Social Reconstruction (May 2004).

Law, Leonard J., “Rule of Law in Iraq: Transitional Justice Under Occupation”, US Army Staff College, Ft. Leavenworth (2004).

Sarkin, Jeremy and Heather Sensibaugh, “Why achieving reconciliation in Iraq is possible: Suggestions for mechanisms and processes including a truth and reconciliation commission”, PRAXIS: The Fletcher Journal of Human Security, 23 (2008), 5-32.

Sissons, Miranda, and Abdulrazzaq Al-Saiedi, “A Bitter Legacy: Lessons of De-Baathification in Iraq”, International Center for Transitional Justice (March 2013).

Sissons, Miranda, “Iraq’s New ‘Accountability and Justice’ Law”, ICTJ Briefing Paper (January 22, 2008).

Stover, Eric, Hanny Megally, and Hania Mufti, “Bremer’s ‘Gordian Knot’: Transitional Justice and the US Occupation of Iraq”, Human Rights Quarterly, 27:3 (2005), 830-853.

Stover, Eric, Miranda Sissons, Phuong Pham and Patrick Vinck, “Justice on Hold: Accountability and Social Reconstruction in Iraq”, International Review of the Red Cross, 90:869 (March 2008), 5-28.

Tarin, Danielle, “Prosecuting Saddam and Bungling Transitional Justice in Iraq”, Virginia Journal of International Law (Winter 2005), 467.

LIBYA

Hanafi, Leila, “Libya and the ICC: In the Pursuit of Justice?”  The North Africa Journal (May 15, 2012).

Hayner, Priscilla, “Libya: The ICC Enters During War”, European Council on Foreign Relations (November 2013).

International Crisis Group, Trial by Error: Justice on Post-Qadhafi Libya, Middle East/North Africa Report, No. 140 (April 17, 2013).

International Legal Assistance Consortium, Rule of Law Assessment Report: Libya 2013, (May 2013).

Kersten, Mark, “Lustration in Libya: Ruling Congress to Pass ‘Political Isolation Law’”, Justice in Conflict (December 28, 2012).

Triponel, Anna and Paul R. Williams. “The Clash of the Titans: Justice and Realpolitik in Libya”,  American University International Law Review, 28:3 (2013), 776-834.

Tupaz, Edsel, “International Justice and Post-Conflict Reconstruction in Libya”, JURIST – Sidebar (August 31, 2011).

Tupaz, Edsel and Daniel Wagner, Ensuring Justice in Transitional Libya, JURIST - Sidebar (November 10, 2011).

SYRIA

Dworkin, Anthony, “Dilemmas of Justice, Accountability    and Peace in Syria”, European Council on Foreign Relations (November 2013).

PILPG, “Mapping Accountability Efforts in Syria (February 2013).

Seils, Paul, “Towards a Transitional Justice Strategy for Syria”, ICTJ (September 2013).

TUNISIA

Gray, Doris H. and Terry Coonan, “Notes from the Field: Silence Kills! Women and Transitional Justice in Post-Revolutionary Tunisia”,  The International Journal of Transitional Justice, 7 (2013), 348-357.

Gray, Doris, “In Search of Righting Wrongs: Women and the Transitional Process in Tunisia”, e-International Relations (April 2013).

Lamont, Christopher and Hela Boujneh, “Transitional Justice in Tunisia: Negotiating Justice During Transition”, Politička misao, 49:5 (2012), 32-49.

Mersch, Sara, “The Road to Justice”, Sada Journal (June 2013).

Patel, Ian, “The Limits of Transitional Justice: Orthodoxies in the Transitional Process in Tunisia”, Oxford Transitional Justice Research (OTJR) seminar (2012). 

Preysing, Domenica, “Towards ‘Transitional justice’? Policy discourse and processes in Tunisia and Egypt”, draft paper for the BRISMES Annual Conference (March 2012).

YEMEN

Al-Zwaini. Laila, “The Rule of Law in Yemen: Prospects and Challenges”, HiiL’s Rule of Law Quick Scan Series (September 2012).

The Peace and Justice Initiative, Position Paper on Yemeni Draft Law on Transitional Justice and National Reconciliation (March 21, 2012).

Sharqieh, Ibrahim, “International Intervention, Justice, and Accountability in Yemen”, European Council on Foreign Relations (November 2013).

Sharqieh, Ibrahim, “A Lasting Peace? Yemen’s Long Journey to National Reconciliation”, Brookings Institution (February 2013).

CAMBODIA

Ablin, David A. and Marlowe Hood (Eds.) 1990. The Cambodian Agony. Armonk, NY: M.E. Sharpe.

Abrams, J., “The Atrocities in Cambodia and Kosovo: Observations on the Codification of Genocide”. New England Law Review, 35:2(Winter 2001), 303.

Beauvais, Joel C., “Cambodia, East Timor and Sierra Leone: Experiments in International Justice”, Criminal Law Forum, 12 (2001), 185.

Bit, Seanglim. 1991. The Warrior Heritage: A Psychological Perspective of Cambodian Trauma. Le Cerrito, CA: Seanglim Bit.

Boyden, Jo and Gibbs, Sara. 1997. Children of War: Responses to Psycho-Social Distress in Cambodia. Geneva: UNRISD.

Boyle David. “One More Step - Adoption of the Khmer Rouge Trial Law”. Judicial Diplomacy, Revue Internet (August 5, 2001).

Bunyanunda, Mann. “The Khmer Rouge on Trial: Wither the Defense?” Southern California Law Review (2000-2001), 1581.

Center for Social Development. 2001. The Khmer Rouge and National Reconciliation: Opinions from the Cambodians. Phnom Penh: Center for Social Development.

Chandler, David P., “Will There Be a Trial for the Khmer Rouge?” Annual Journal of the Carnegie Council on Ethics and International Affairs 14 (2000).

Chea, Vannath. “Reconciliation in Cambodia: Politics, Culture and Religion”. In Reconciliation after Violent Conflict: A Handbook. Stockholm: International Institute for Democracy and Electoral Assistance.

Chigas, George, “The Trial of Khmer Rouge: The Role of the Tuol Sleng and Santebal Archives”, Harvard Asia Quarterly (2001).

Chigas, George, “The Politics of Defining Justice after the Cambodian Genocide”, Journal of Genocide Research 2 (2000).

Ciorciari, John D. (Ed.) 2006. The Khmer Rouge Tribunal. Documentation Series No. 10. Phnom Penh, Documentation Center of Cambodia.

Cook, Susan E. (Ed.) 2006. Genocide in Cambodia and Rwanda: New Perspectives. Piscataway, NJ: Transaction Publishers.

Cortright, David and George A. Lopez, “Cambodia: Isolating the Khmer Rouge”. In The Sanctions Decade: Assessing UN Strategies in the 1990s, ed. David Cortright and George A. Lopez. Boulder, CO: Lynne Rienner Publishers, 2000.

DeNike, Howard J., John Quigley and Kenneth J. Robinson (Eds.) 2000. Genocide in Cambodia: Documents from the Trial of Pol Pot and Ieng Sary. Philadelphia: University of Pennsylvania Press.

Donovan, Daniel Kemper, “Joint U.N.-Cambodia efforts to establish a Khmer Rouge Tribunal”. Harvard International Law Journal , 44:2 (2003), 551.

Ea, Meng-Try, and Sorya Sim. 2001. Victims and Perpetrators? Testimony of Young Khmer Rouge Comrades. Phnom Penh: Documentation Center of Cambodia.

Etcheson, Craig, “Accountability Beckons During a Year of Worries for the Khmer Rouge Leadership”. ILSA Journal of International & Comparative Law 6 (2000), 507.

Etcheson, Craig. 2005. After the Killing Fields: Lessons from the Cambodian Genocide. Westport, CT: Praeger.

Etcheson, Craig, “Beyond the Khmer Rouge Tribunal”, Phom Penh Post,  12:22 (October 24-November 6, 2003).

Etcheson, Craig, “Faith Traditions and Reconciliation in Cambodia”, paper prepared for the “Settling Accounts? Truth, Justice, and Redress in Post-conflict Societies” Conference, Harvard University. November 1-3, 2004.

Etcheson, Craig, “From Theory to Facts in the Cambodian Genocide”. International Network on Holocaust and Genocide, 12:1-2 (1997), 4-7.

Etcheson, Craig. 2000. The Number - Quantifying Crimes Against Humanity in Cambodia. Phnom Penh: Documentation Center of Cambodia.

Etcheson, Craig. 2002. Retribution and Reconciliation: Healing What Ails Cambodia. A Project Report to the US Institute of Peace. Washington, DC: USIP.

Etcheson, Craig. 1984. The Rise and Demise of Democratic Kampuchea. Boulder: Westview Press.

Gottesman, Evan R. 2003. Cambodia after the Khmer Rouge: Inside the Politics of Nation Building. New Haven: Yale University Press.

Gunn, Geoffrey C., “Kampuchea: The Case for a Genocide Tribunal?” ARENA 81 (1987), 97-108.

Hannum, Hurst, “International Law and Cambodian Genocide: The Sounds of Silence”, Human Rights Quarterly, 11:1 (February 1989), 82-138.

Hawk, David. “The Cambodian Genocide”. In Genocide: A Critical Bibliographic Review, ed. Israel W. Charny, 137-154. New York: Facts on File Publications, 1988.

Heder, Stephen, and Judy Ledgerwood. 1996. Propaganda, Politics and Violence in Cambodia: Democratic Transition under United Nations Peace-Keeping. Armonk, NY: M.E. Sharpe.

Heder, Stephen, and Brian D. Tittemore. Seven Candidates for the Prosecution: Accountability for the Crimes of the Khmer Rouge. Washington: War Crimes Office of the Washington College of Law, American University and the Coalition for International Justice, June 2001.

Kiernan, Ben. “The Cambodian Genocide”. In Genocide: Conceptual and Historical Dimensions, ed. George Andrepolous, 191-228. Philadelphia: Pennsylvania University Press, 1997.

Kiernan, Ben. 1996. The Pol Pot Regime: Race, Power and Genocide in Cambodia under the Khmer Rouge, 1975-79. New Haven, CT: Yale University Press.

Kiernan, Ben (Ed.) 1993. Genocide and Democracy in Cambodia: The Khmer Rouge, the U.N., and the International CommunityYale Southeast Asia Studies Monograph Number 41. New Haven, CT: Yale University Southeast Asia Studies.

Kiernan, Ben. 1986. How Pol Pot Came to Power: A History of Communism in Kampuchea, 1930-1975. London: Verso.

Kiernan, Ben. 2008. Genocide and Resistance in Southeast Asia: Documentation, Denial, and Justice in Cambodia and East Timor.Piscataway, NJ: Transaction Publishers.

Klosterman, Theresa, “The Feasibility and Propriety of a Truth Commission in Cambodia: Too Little? Too late?” Arizona Journal of International and Comparative Law, 15 (Fall 1998), 833.

Lambourne, Wendy, “Post-Conflict Peacebuilding: Meeting Human Needs for Justice and Reconciliation”, Peace, Conflict and Development, 4 (April 2004), 1-24.

Linton, Suzannah, “New Approaches to International Justice in Cambodia and East Timor”, International Review of the Red Cross 93 (2002).

Linton, Suzannah, “Cambodia, East Timor and Sierra Leone: Experiments in International Justice”,  Criminal Law Forum,  12 (2001), 185.

Linton, Suzannah. 2004. Reconciliation in Cambodia. Phnom Penh: Documentation Center of Cambodia.

Marks, Stephen, “Elusive Justice for the Victims of the Khmer Rouge”, Journal of International Affairs, 52 (1999), 691.

Marks, Stephen, “Forgetting - The Policies and Practices of the Past: Impunity in Cambodia”, Fletcher Forum for World Affairs, 18 (Summer-Fall 1994), 17.

McGrew, Laura, “Leaders of Civil Society Speak Out”, Phnom Penh Post, 9:3 (February 4-17, 2000), 12-15.

McGrew, Laura, “The Thorny Debate on Justice for Pol Pot’s Madness”, Phnom Penh Post, 9:4 (February 17-March 2, 2000), 6-7, 12.

Metzl, Jamie Fredreric, “The U.N. Commission on Human Rights and Cambodia, 1975-1980”, Buffalo Journal of International Law 3(Summer 1996), 67.

Ok, Serei Sopheak, “Towards True Reconciliation in Cambodia”, Cambodia Development Review, 3:4 (1999), 1-4.

Railsback, Kathryn. “A Genocide Convention Action against the Khmer Rouge: Preventing a Resurgence of the Killing Fields”, Connecticut Journal of International Law, 5 (Spring 1990), 457.

Ramji, Jaya, amd Beth Van Schaack (Eds.) 2005. Bringing the Khmer Rouge to Justice: Prosecuting Mass Violence before the Cambodian Courts. Ceredigion, UK and New York: Edwin Mellen Press.

Ramji, Jaya, “Reclaiming Cambodian History: The Case for a Truth Commission”, Fletcher Forum of World Affairs 24 (2000), 137.

Ratliff, Suellen, “UN Representation Disputes: A Case Study of Cambodia and New Accreditation Proposal for the Twenty-first Century”. California Law Review 87 (October 1999), 1207.

Ratner, Steven, “The United Nations Group of Experts for Cambodia”. American Journal of International Law, 93 (October 1999), 948.

Ratner, Steven, “The Cambodia Settlement Agreements”, American Journal of International Law, 87 (1993), 1-41.

Ratner, Steven. “The United Nations in Cambodia: A Model for Resolution of Internal Conflicts?” In Enforcing Restraint: Collective Intervention in Internal Conflicts, ed. Lori F. Damrosch, 241-73. New York: Council on Foreign Relations Press, 1993.

Ratner, Steven. Report of the UN Group of Experts on Cambodia to the Secretary-General. UN Doc, A/53/850, March 16, 1999.

Ross, James. 1992. Cambodia: The Justice System and Violations of Human Rights. New York: Lawyers Committee for Human Rights.

Rumney, P.N.S., “The Khmer Rouge on Trial: Law, Genocide and Impunity”, Contemporary Issues in Law 4 (1999), 169.

Schabas, William A., “Cambodia: Was It Really Genocide?” Human Rights Quarterly, 23 (2001), 470-477.

Schabas, William A., “Should Khmer Rouge Leaders Be Prosecuted for Genocide or Crimes against Humanity?” Searching for the Truth 23 (2001).

Schabas, William A., “Problems of International Codification: Were the Atrocities in Cambodia and Kosovo Genocide?” New England Law Review, 35:2 (Winter 2001), 287.

Soth, Plai Ngarm (Ed.) 2003. Issues in Reconciliation: South East Asian Experiences. Proceedings of the Seventh SEACSN Regional Conference. Phnom Penh, August 25-27, 2003. Phnom Penh: South East Asian Conflict Studies Network (Cambodia) and Alliance for Conflict Transformation.

Stanton Gregory H. “The Khmer Rouge Genocide and International Law”. In Genocide and Democracy in Cambodia, edited by Ben Kiernan, 141-162. New Haven: Yale University Southeast Asia Studies, 1993.

Stanton Gregory H., “Kampuchean Genocide and the World Court”, Connecticut Journal of International Law (Spring 1990), 341.

Stanton Gregory H. 1989. Blue Scarves and Yellow Stars: Classification and Symbolization in the Cambodian Genocide. Montreal: Montreal Institute for Genocide Studies, Concordia University.

Sliwinski, Marek. 1995. Le Génocide Khmer Rouge: un analyse démographique. Paris: Editions L’Harmattan.

Vickery, Michael, and Naomi Roht-Arriaza. “Human rights in Cambodia”. In Impunity and Human Rights in International Law and Practice, edited by Naomi Roht-Arriaza , 243-251. New York: Oxford University Press, 1995.

INDONESIA

Amnesty International. 1994. Power and Impunity: Human rights under the New Order. London: Amnesty International.

Braithwaite, John, Valerie Braithwaite, Michael Cookson and Lee Dunn. 2010. “Anomie and Violence: Non-Truth and Reconciliation in Indonesia”. The Australian University Press.

Bräuchler, Birgit (Ed.) 2009. Reconciling Indonesia. London: Routledge.

Drexler, Elizabeth, “The Failure of International Justice in East Timor and Indonesia”. In Alexander L. Hinton, (ed.), Transitional Justice: Global Mechanisms and Local Realities after Genocide and Mass Violence (New Brunswick, NJ: Rutgers University Press, 2010),  49-67.

Drexler, Elizabeth. 2009. Aceh, Indonesia: Securing the Insecure State. Philadelphia: University of Pennsylvania Press.

ICTJ and KontraS. Indonesia Derailed: Transitional Justice in Indonesia Since the Fall of Soeharto: A Joint Report.

Linton, Suzannah. 2005. Putting Things into Perspective: The Realities of Accountability in East Timor, Indonesia and CambodiaMaryland Series in Contemporary Asian Studies Vol. 3. University of Maryland.

Linton, Suzannah, “Accounting for Atrocities in Indonesia”, Singapore Year Book of International Law, 10 (2006), 1-33.

Fadjar Ibnu Thufail. 2007. “Figures in the May 1998 Riots: Imagining the State in Post New Order Indonesia”. Ph.D. Dissertation, University of Wisconsin Madison.

Fadjar Ibnu Thufail. 2010. The Social Life of Reconciliation: Religion and the Struggle for Social Justice in Post-New Order Indonesia. Halle/Saale: Max Planck Institute for Social Anthropology Working Paper No. 127.

Fealy, Greg. 1995. The Release of Indonesia’s Political Prisoners: Domestic versus Foreign Policy. Working Paper No. 94. Clayton, Victoria: Centre of Southeast Asian Studies, Monash University.

Ford, Michele. 2011. “International Networks and Human Rights in Indonesia.” In Human Rights in Asia, edited by Thomas W. D. Davis and Brian Galligan, 38–55. 278 Cheltenham, UK: Edward Elgar.

Hilmar Farid and Rikardo Simarmatra. 2004. The Struggle for Truth and Justice: A Survey of Transitional Justice Initiatives Throughout Indonesia. International Center for Transitional Justice Occasional Paper Series.

Honna, Jun. 2003. Military Politics and Democratization in Indonesia. London and New York: Routledge.

Human Rights Watch (HRW). 1999. “Aceh: Accountability, Not Martial Law.”  

Jetschke, Anja. 2011. Human Rights and State Security: Indonesia and the Philippines. Philadelphia: University of Pennsylvania Press.

Jones, Sidney. 1994. The Limits of Openness: Human Rights in Indonesia and East Timor. New York: Human Rights Watch.

Klinken, G.A. van. 2007. Communal Violence and Democratization in Indonesia: Small Town Wars. London: Routledge.

McGregor, Katharine E., “Confronting the Past in Contemporary Indonesia: The Anticommunist Killings of 1965–66 and the Role of the Nahdlatul Ulama”, Critical Asian Studies, 41:2 (2009), 195–224.

Mietzner, Marcus. 2006. The Politics of Military Reform in Post-Suharto Indonesia: Elite Conflict, Nationalism, and Institutional Resistance. Washington, DC: East-West Center.

Mietzner, Marcus. 2009. Military Politics, Islam, and the State in Indonesia: From Turbulent Transition to Democratic Consolidation . Singapore: ISEAS.

Miller, Michelle Ann. 2009. Rebellion and Reform in Indonesia: Jakarta’s Security and Autonomy Policies in Aceh. London and New York: Routledge.

Mizuno, Kumiko. 2003. “Indonesian Politics and the Issue of Justice in East Timor.” In Governance in Indonesia: Challenges Facing the Megawati Presidency, edited by Hadi Soesastro, Anthony L. Smith, and Mui Ling Han, 114–64. Singapore: ISEAS.

Mufti Makaarim A., Fitri Bintang Timur, and Wendy A. Prajuli (Eds.) 2009. Human Rights and the Indonesian Security Sector:2009 Almanac. Jakarta: IDSPS.

Mugiyanto. “Accountability in Solving Cases of Enforced Disappearance”. In Human Rights and the Indonesian Security Sector: 2009 Almanac, edited by Mufti Makaarim A., Fitri Bintang Timur, and Wendy A. Prajuli, 161–82. Jakarta: IDSPS.

Priyono, A.E. 2004. “Human Rights Advocacy Movement in the Transitional Era: The KontraS Strategy”. In Indonesia’s Post-Soeharto Democracy Movement, edited by Stanley Adi Prasetyo, A.E. Priyono, and Olle Törnquist, 491–511. Jakarta: Demos.

Purdey, Jemma, “Problematizing the Place of Victims in Reformasi Indonesia: A Contested Truth About the May 1998 Violence”, Asian Survey, 42:4 (2002), 605–22.

Streifeneder, Eva. 2007. “The Long Road to Restorative Justice: On the 1965–66 Victims’ Struggle for Reparations in Post-Suharto Indonesia.” In Indonesia - The Presence of the Past: A festschrift in Honour of Ingrid Wessel, edited by Eva Streifeneder and Antje Missbach, 51–64. Berlin: Regiospectra.

Sulistiyanto, P., “Politics of justice and reconciliation in post-Suharto Indonesia”, Journal of Contemporary Asia, 37:1 (2007), 73-94.

UNDP and Bappenas. 2006. Access to Justice in Aceh: Making the Transition to Sustainable Peace and Development in Aceh.

EAST TIMOR

Chega! – The Report of the Commission for Reception, Truth and Reconciliation in Timor-Leste: Executive Summary (October 2005).

Bongiorno, Carla. “A Culture of Impunity: Applying International Human Rights Law to the United Nations in East Timor”, Columbia Human Rights Law Review, 33:3 (2002), 623-692.

Burgess, Patrick. 2006. “A New Approach to Restorative Justice: East Timor's Community Reconciliation Processes”. InTransitional Justice in the Twenty-First Century: Beyond Truth versus Justice, edited by N. Roht-Arriaza and J. Mariezcurrena. New York, NY: Cambridge University Press.

Cohen, David, “‘Hybrid’ Justice in East Timor, Sierra Leone, and Cambodia: ‘Lessons Learned’ and Prospects for the Future”, Stanford Journal of International Law, 43:1 (2007), 1-38.

Cohen, David, ‘Justice on the Cheap Revisited’: The Failure of the Serious Crimes Trials in East Timor, East-West Center, East-West Center (May 2006).

Fernandes, Clinton, “Indonesia and East Timor: Against Impunity,” APSNet Policy Forum (April 2008).

Katzenstein, Suzanne, “Hybrid Tribunals: Searching for Justice in East Timor”, Harvard Human Rights Journal, 16 (2003), 245-278.

Kent, Lisa, “Local Memory Practices in East Timor: Disrupting Transitional Justice Narratives The International Journal of Transitional Justice , 5:3 (2011), 534-555.

Kingston, Jeffrey, “Peace or Justice? East Timor’s Troubled Road”, The Asia Pacific Journal: Japan Focus (December 21, 2005).

Linton, Suzannah. “Cambodia, East Timor and Sierra Leone: Experiments in International Justice”, Criminal Law Forum, 12 (2001), 185-246.

Linton, Suzannah and Caitlin Reiger, “The Evolving Jurisprudence of East Timor’s Special Panel for Serious Crimes on Admissions of Guilt, Duress and Superior Orders”, Yearbook of International Humanitarian Law, 4 (2001), 167-212.

Linton, Suzannah. 2002. “New Approaches to International Justice in Cambodia and East Timor”, International Review of the Red Cross, 82:845 (2002).

Linton, Suzannah. 2005. “Putting Things into Perspective: The Realities of Accountability in East Timor, Indonesia and Cambodia”, Maryland Series in Contemporary Asian Studies Vol. 3. University of Maryland.

Linton, Suzannah. “Unraveling the First Three Trials at Indonesia’s Ad Hoc Court for Human Rights Violations in East Timor”, Leiden Journal of international Law , 17:2 (2004), 303-361.

Linton, Suzannah. 2008. “East Timor and Accountability for Serious Crimes”. In M. Cherif Bassiouni (Ed.), International Criminal Law, Vol. III (International Enforcement) 257-283. Martinus Nijhoff Publishers.

Linton, Suzannah. 2008. “Indonesia and Accountability for Serious Crimes in East Timor”. In M. Cherif Bassiouni (Ed.), International Criminal Law, Vol. III (International Enforcement) 385-399. Martinus Nijhoff Publishers.

Matheson, Michael J. 2002. “United Nations Governance of Post-Conflict Societies: East Timor and Kosovo”. In Post-Conflict Justice, edited by M.C. Bassiouni. Ardsley, NY: Transnational Publishers.

Nevins, Joseph. “Restitution Over Coffee: Truth, Reconciliation, and Environmental Violence in East Timor”, Political Geographies, 22:6 (2003), 677-701.

Reiger, Caitlin. 2006. “Hybrid Attempts at Accountability for Serious Crimes in Timor Leste”. In Transitional Justice in the Twenty-First Century: Beyond Truth versus Justice, ed. by N. Roht-Arriaza and J. Mariezcurrena. Cambridge and New York: Cambridge University Press.

Robins, Simon, “Challenging the Therapeutic Ethic: A Victim-Centered Evaluation of Transitional Justice Process in Timor-Leste”, The International Journal of Transitional Justice, 6 (2012), 83-105.

Romano, Cesare, Andre Nollkaemper, and Jann K. Kleffner. 2004. Internationalized Criminal Courts: Sierra Leone, East Timor, Kosovo and Cambodia. Oxford, UK: Oxford University Press.

Stahn, Carsten, “Accommodating Individual Criminal Responsibility and National Reconciliation: The UN Truth Commission for East Timor”, American Journal of International Law, 95:4 (2001), 952-966.

Steele, Johnathan, “Nation-building in East Timor”, World Policy Journal, 19:2 (2002), 76-87.

Situation of Human Rights in East Timor Note by the Secretary-General, United Nations (December 10, 1999).

Wandita, Galuh, Karen Campbell-Nelson, and Manuela Leong Pereira. 2006. Learning to Engender Reparations in Timor-Leste: Reaching Out to Female Victims. In What Happened to the Women? Gender and Reparations for Human Rights Violations, edited by R. Rubio-Marín. New York: Social Science Research Council.

SOLOMON ISLANDS

SOUTH KOREA

Baik, Tae-Ung, “Fairness in Transitional Justice Initiatives: The Case of South Korea”, Buffalo Human Rights Law Review (2013).

Cho, J.-K. 2003. The Kwangju uprising as a vehicle of democratization: A comparative perspective. In G.-W. Shin & K. M. Hwang (Eds.), Contentious Kwangju: The May 18 uprising in Korea’s past and present, pp. 67-85. Lanham, MD: Rowman & Littlefield.

Cho, Kuk, ‘Transitional Justice In Korea: Legally Coping With Past Wrongs After Democratization,’ Pacific Rim Law and Policy Journal, 16:3 (2007), 579-611.

Han, In Sup, “Kwangju and beyond: Coping with past state atrocities in South Korea”, Human Rights Quarterly, 27 (2005), 999-1045.

Han, Sung-Joo. 1974. The Failure of Democracy in South Korea. Berkeley, CA: University of California Press.

Hayes, William A., “Do Springs of Democracy lead to Falls of Justice? State-Civil Contests for Political Accountability in South Korea”, Journal of Human Rights, 4:2 (2005), 251-265.

Katsiafica, G., & Na, K.-c. (Eds.). 2006. South Korea democracy: Legacy of Kwangju uprising. London: Routledge.

Kim. Dong-Choon and Mark Selden, “South Korea’s Embattled Truth and Reconciliation Commission”, The Asia-Pacific Journal: Japan Focus (March 7, 2010).

Kim, Hun Joon, “What is Transitional Justice and Why is It Relevant to South Korea?” SSK Human Rights Brief, 1:4 (2013).

Kim, Hun Joon, “Seeking Truth after 50 Years: The National Committee for Investigation of the Truth about Jeju 4.3 Events”, The International Journal of Transitional Justice, 3:3 (2009), 406-423.

Kim, Hun Joon. Forthcoming 2014. , The Massacres at Mt. Halla Sixty Years of Truth Seeking in South Korea. Ithaca: Cornell University Press.

Kim, Y.-C., “The shadow of the Gwangju uprising in the democratization of Korean politics. New Political Science”, 25:2 (2003), 225-240.

Lewis, L. S. (2002). Commemorating Kwangju: The 5. 18 movement and civil society at the millennium. In C. K. Armstrong (Ed.), Korean Society: Civil society, democracy and the state (pp. 165-186). London: Routledge.

McCormack, Gavan and Kim Dong Choon, “Grappling with Cold War History: Korea’s Embattled Truth and Reconciliation Commission”, The Asia-Pacific Journal (February 2009).

Roehrig, Terence. 2002. The Prosecution of Former Military Leaders in Newly Democratic Nations: The Cases of Argentina, Greece, and South Korea. Jefferson, NC: McFarland Publishers.

Seuk-Ryule, Hong, “Finding the Truths on the Suspicious Deaths under South Korea’s Military Dictatorship”, Korea Journal, 139 (2002).

Waters, D. M. “Korean constitutionalism and the Special Act to prosecute former presidents Chun Doo-hwan and Roh Tae-woo”, Columbia Journal of Asian Law, 10 (1996), 461-484.

West, J. M. “Martial lawlessness: The legal aftermath of Kwangju”, Pacific Rim Law & Policy Journal, 6 (1997), 85-168.

Wolman, Andrew, “The Evolution of Truth Commissions in Korea,” Working Paper.

Yang, K. “Judicial review and social change in the Korean democratizing process,” American Journal of Comparative Law, 41 (1993), 1-8.

Yang, K. 2000. “The Constitutional Court and democratization. In D.-K. Yoon (Ed.), Recent transformations in Korean law and society, pp. 33-46. Seoul, Korea: Seoul National University Press.

TAIWAN 

Chang, Lung Chih, “A Tragic Beginning Remembered: Reflections on the Dual History of the February 28 Incident in Post-Martial Law Taiwan”, University of Heidelberg, TLS Working Papers, No. 5 (September 2010).

Chang, Wen-Chen, “Constrained Justice: Judicial Roles in Transitional Justice and Democratization in Taiwan,” paper presented at the Conference onLaw and Democratization in Taiwan and South Korea: Twenty Years Experience, Oct. 19-20, 2007, University of Wisconsin Law School.

Chang, Wen-Chen. “The Role of Judicial Review in Consolidating Democracy: the Case of Taiwan”, Asia Law Review,  2:2 (2005), 73-88.

Parcher, Anber, “Remembering the White Terror”,  Foreign Policy (October 2012).

Schafferer, Christian, “Transitional Justice in Taiwan”, Encyclopedia of Transitional Justice, 2 (2010).

Shih, Cheng-feng and Mumin Chen, “Taiwanese Identity and the Memories of 2-28: A Case For Political Reconciliation”, Asian Perspective, 34:4 (2010), 85-113.

Shih, Fang-Long, “Memory, Partial Truth and Reconciliation without Justice: The White Terror Luku Incident in Taiwan”’ Taiwan in Comparative Perspective, 3 (2011), 140-151.

Wu, Naiteh, “Transition without Justice or Justice without History: Transitional Justice in Taiwan”, Taiwan Journal of Democracy, 1:1 (2005), 77-102. 

 

[1] See S/2004/616.