TY - JOUR
T1 - Interrogating the "Gap" Between Law and Justice
T2 - East Timor's Serious Crimes Process
AU - Kent, Lia
PY - 2012/11
Y1 - 2012/11
N2 - War crimes trials are claimed to hold the capacity to contribute to a range of ambitious justice goals in post-conflict societies, such as the public recognition of victims' experiences, the promotion of respect for the rule of law, and the fostering of reconciliation. This article unsettles these claims through a case study of the UN-sponsored Serious Crimes Process in East Timor. It charts the practical and political constraints upon the Serious Crimes Process which undermined its ability to achieve its own goals. In addition, it draws on interviews with East Timorese survivors to demonstrate the difficulties faced by the Serious Crimes Process in fully meeting locally grounded demands for justice. This analysis illustrates the inherent limits of war crimes trials in responding to calls for justice, which transcend the possibilities of the criminal law.
AB - War crimes trials are claimed to hold the capacity to contribute to a range of ambitious justice goals in post-conflict societies, such as the public recognition of victims' experiences, the promotion of respect for the rule of law, and the fostering of reconciliation. This article unsettles these claims through a case study of the UN-sponsored Serious Crimes Process in East Timor. It charts the practical and political constraints upon the Serious Crimes Process which undermined its ability to achieve its own goals. In addition, it draws on interviews with East Timorese survivors to demonstrate the difficulties faced by the Serious Crimes Process in fully meeting locally grounded demands for justice. This analysis illustrates the inherent limits of war crimes trials in responding to calls for justice, which transcend the possibilities of the criminal law.
UR - http://www.scopus.com/inward/record.url?scp=84869045191&partnerID=8YFLogxK
U2 - 10.1353/hrq.2012.0059
DO - 10.1353/hrq.2012.0059
M3 - Article
SN - 0275-0392
VL - 34
SP - 1021
EP - 1044
JO - Human Rights Quarterly
JF - Human Rights Quarterly
IS - 4
ER -