International Justice and Challenges
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Questions and Answers

What is the primary focus of restorative justice?

  • Public humiliation of the offender
  • Unilateral punishment of the offender
  • Strict adherence to legal codes
  • Repairing harm and reconciliation (correct)

Which outcome is associated with retributive justice?

  • Provision of voice to the offender
  • Mutual trust between parties
  • Humiliation and degradation of the offender (correct)
  • Willingness to forgive

Demographic differences in justice orientation indicate that Asian participants are more likely to support which of the following?

  • Punitive prison sentences
  • Unilateral decision-making processes
  • Restorative justice (correct)
  • Retributive justice

What does retributive justice generally lead to regarding reconciliation?

<p>Opposition to reconciliation (D)</p> Signup and view all the answers

Which of the following is a key goal of international justice?

<p>Mutual acceptance (C)</p> Signup and view all the answers

The Needs-based Model suggests that punitive actions can have negative effects on what aspect?

<p>Sense of justice among victims (D)</p> Signup and view all the answers

Which type of tribunal combines elements of international criminal tribunals and national courts?

<p>Hybrid tribunals (C)</p> Signup and view all the answers

What psychological factor influences both victims and perpetrators regarding justice orientations?

<p>Perspective on fairness (B)</p> Signup and view all the answers

In group conflicts, individuals often seek to maintain what aspect of their identity?

<p>Positive social identity (C)</p> Signup and view all the answers

Which of the following is a negative effect often associated with lenient sentences for perpetrators?

<p>Greater desire for retribution from victims (C)</p> Signup and view all the answers

What is the primary focus of international justice?

<p>To address systematic violations of human rights (C)</p> Signup and view all the answers

Which of the following does NOT represent an international tribunal mentioned?

<p>International Court of Justice (D)</p> Signup and view all the answers

What was one of the main challenges mentioned regarding addressing large-scale violence?

<p>Weak or corrupt judicial systems (A)</p> Signup and view all the answers

Which measure is an example of a non-judicial approach to international justice?

<p>Truth commissions (C)</p> Signup and view all the answers

What significant action was taken against Vladimir Putin in March 2023?

<p>An arrest warrant was issued for him (D)</p> Signup and view all the answers

What does the NI Troubles (Legacy and Reconciliation) Act grant to perpetrators of Troubles-related crimes?

<p>Conditional immunity (B)</p> Signup and view all the answers

Why might it be challenging to categorize victims and perpetrators in post-conflict societies?

<p>Victims may also have committed crimes (A)</p> Signup and view all the answers

What is one of the primary goals of international justice?

<p>Truth and reconciliation (C)</p> Signup and view all the answers

What is the potential impact of punishing perpetrators according to the content?

<p>It helps address victims' need for retributive justice and may promote reconciliation. (B)</p> Signup and view all the answers

Which of the following is emphasized in the approach of truth commissions?

<p>Reconciliation and societal healing through public acknowledgment. (A)</p> Signup and view all the answers

What was a significant finding from the survey of South African adults regarding the TRC's truth?

<p>There was a clear bilateral relationship between acceptance of the TRC's truth and conciliatory attitudes among White South Africans. (B)</p> Signup and view all the answers

Which element is crucial for effective political apologies according to the content?

<p>Expression of remorse and acknowledgment of responsibility. (D)</p> Signup and view all the answers

What role do re-traumatizing effects play in the context of trials?

<p>They can result in higher depression and PTSD levels among witnesses. (D)</p> Signup and view all the answers

What is the primary goal of a truth and reconciliation commission?

<p>To investigate patterns of human rights abuses and promote healing. (A)</p> Signup and view all the answers

Why might the effectiveness of apologies in promoting intergroup forgiveness be limited?

<p>Apologies alone are not robust or consistent in fostering healing. (B)</p> Signup and view all the answers

Which factor can pose a barrier to sincere political apologies?

<p>Cultural factors and domestic opposition. (B)</p> Signup and view all the answers

What is a tentative conclusion about the relationship between truth commissions and reconciliation?

<p>They might be effective for some groups but not for others. (D)</p> Signup and view all the answers

What psychological condition can emerge from trials, as indicated in the content?

<p>Increased depression and symptoms of PTSD. (D)</p> Signup and view all the answers

What is one of the key findings related to victim needs over time?

<p>Victim needs are complex and can shift over time. (C)</p> Signup and view all the answers

What is a common misconception regarding the impact of justice measures?

<p>Justice measures are only about punishment. (C)</p> Signup and view all the answers

What is essential for successful political apologies according to the content?

<p>Inclusion of victims and addressing their psychological needs. (C)</p> Signup and view all the answers

How is forgiveness characterized in the content?

<p>A complex process that involves changing negative emotions towards offenders. (A)</p> Signup and view all the answers

Flashcards

International Justice

A set of measures and processes addressing widespread human rights violations, considered crimes against the global community, and subject to international law.

Transitional Justice

A specific application of international justice focusing on societies recovering from political transitions, aiming to address past abuses and establish accountability.

Legacy of Nuremberg Trials

A cornerstone for international justice, establishing a precedent for holding individuals accountable for international war crimes and crimes against humanity.

Impunity

The state of being exempt from punishment or legal consequences, despite committing crimes.

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Judicial Approach to International Justice

Utilizing legal systems and courts to achieve justice, such as international criminal courts, domestic courts, and hybrid courts.

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Non-Judicial Approach to International Justice

Employing alternative methods besides courts, such as truth commissions, reparations programs, public apologies, and memorialization projects.

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Goals of International Justice

Striving for accountability, truth-seeking, reconciliation, upholding human rights, strengthening the rule of law, and promoting democracy.

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Micro-level Impact of Justice

Examining how individuals perceive justice, their reactions to different justice mechanisms, and the specific impact of justice processes on victims, perpetrators, and communities.

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Retributive Justice

Focuses on punishing the offender to restore moral balance. Emphasizes the offender's suffering, humiliation, and degradation as key outcomes.

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Restorative Justice

Aims to repair the harm caused by the offense and achieve reconciliation between the affected parties. Key outcomes are shared understanding of the wrongdoing, the harm, and solutions for repair.

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Justice Orientations

Individuals have different preferences for how justice should be administered: either focusing on punishment (retributive) or on repairing harm (restorative).

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Cultural Differences in Justice

Research shows that cultural background influences justice orientations. Asian cultures tend to lean towards restorative justice, while Western cultures lean towards retributive justice.

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Agency and Moral-Social Identity

Two key dimensions of group identity influencing conflict: agency refers to a group's power, status, and competence, while moral-social identity relates to its moral image, reputation, and social acceptance.

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Victim Motivation in Conflict

Victims of conflict often strongly desire retributive justice to restore their sense of justice and protect their threatened group identity.

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Perpetrator Motivation in Conflict

Perpetrators, especially from a group involved in a conflict, are likely to oppose retributive justice to protect their own group identity and avoid further conflict.

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Restorative Justice Approach in Conflict

Restorative justice offers a potential bridge in conflicts as both victims and perpetrators may be open to repairing harm and rebuilding relationships.

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Types of International Criminal Tribunals

International criminal tribunals, hybrid tribunals, and grassroots/community justice systems investigate human rights violations and hold perpetrators accountable. These systems offer different approaches to justice.

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Tribunal Condition

The prosecution and punishment of perpetrators by an international tribunal, like the ICTY, for crimes committed during a conflict.

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Impunity Condition

The granting of immunity or exemption from prosecution to perpetrators, allowing them to avoid facing justice for their crimes.

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Therapeutic Effects of Trials

Positive psychological benefits for victims who participate in trials regarding past atrocities, including improved psychological adjustment and reduced feelings of powerlessness.

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Re-traumatizing Effects of Trials

Negative psychological impacts on victims during trials, such as increased depression, PTSD, and emotional distress.

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Impact of Trials on Reconciliation

Trials can contribute to reconciliation by addressing victims' need for justice and potentially fostering trust. However, the effects are complex and depend on various factors.

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Truth Commission

A temporary body established to investigate human rights abuses, uncover the truth, and promote reconciliation.

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Truth and Reconciliation Commission (TRC)

A specific type of truth commission, like the one in South Africa, that focused on addressing apartheid-era crimes and promoting reconciliation.

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Conditional Amnesty

Granting amnesty to perpetrators in exchange for full and truthful disclosure of their crimes.

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Bilateral Relationship in Reconciliation

When two groups, like the victims and perpetrators in a conflict, both influence each other's attitudes and actions towards reconciliation.

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Symbolic Reparation: Political Apologies

Acts of apology by governments or leaders for past wrongs, often with a focus on promoting reconciliation.

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Effective Political Apologies

Apologies that include elements like expressing remorse, acknowledging responsibility, admitting wrongdoing, offering reparations, and a commitment to avoid repeating the harm.

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Impact of Apologies on Forgiveness

While apologies can generally increase interpersonal forgiveness, there's limited evidence that they alone can promote intergroup forgiveness.

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Justice Mechanisms and Reconciliation

Justice mechanisms, such as trials and truth commissions, have the potential to contribute to societal healing and reconciliation. However, the effects are complex and depend on various factors.

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Limitations of Psychological Models

Psychological models for understanding reconciliation can oversimplify complex social processes and fail to account for the full range of factors involved.

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Study Notes

International Justice

  • Broadly encompasses measures addressing widespread human rights violations.
  • Subject to international jurisdiction. Often called "Transitional Justice" in political transitions.
  • International efforts include the Nuremberg trials, ICTY, ICTR, and ICC.
  • The ICC issued an arrest warrant for Vladimir Putin in 2023.
  • International legal norms are shifting towards prosecution of serious crimes.

Historical Examples and Challenges

  • The Troubles (Northern Ireland) saw over 3,500 deaths and 47,000 injuries, with a significant lack of accountability.
  • The NI Troubles (Legacy and Reconciliation) Act granted conditional immunity to perpetrators.
  • Challenges in addressing large-scale violence include many victims/perpetrators, unclear categories, weak/corrupt systems, political will, and delayed crimes.

Approaches to International Justice

  • Judicial approaches: Criminal prosecutions (ICC, ad hoc courts, domestic/hybrid)
  • Non-judicial approaches: Truth commissions, reparations, lustration, apologies, memorialization.

Goals of International Justice

  • Accountability, truth, reconciliation, human rights, rule of law, and democracy.
  • Societies' desires and goals for specific outcomes vary.

Justice Orientations (Micro-level)

  • Restorative Justice: Focuses on repairing harm and reconciliation.
  • Retributive Justice: Aims for punishment and moral balance.

Cultural Differences

  • Asian participants exhibit greater support for restorative justice compared to Western participants.
  • No cultural difference in support for retributive justice.

Justice Orientations and Attitudes

  • Retributive justice often promotes non-normative actions and opposition to reconciliation, while restorative justice encourages support for peace and reconciliation.
  • Different justice perspectives affect attitudes toward justice interventions.

Group Identities and Conflicts

  • Group members seek to maintain and restore positive social identity, affecting intergroup attitudes, particularly during conflict.
  • Group identity is categorized into agency and moral-social dimensions.

Criminal Trials and Reconciliation

  • Criminal trials, focusing on "big fish", include ICTs and hybrid tribunals, and even grassroots courts.
  • The Needs-based Model shows potential negative effects with ingroup perpetrators' punishment and potential for victim desire for retribution in lenient sentences, although trials can promote need for retributive justice and reconciliation.

Impact of Trials on Healing and Mental Health

  • Trials may improve psychological adjustment and reduce powerlessness but can also re-traumatize, leading to higher depression/PTSD rates.

Truth Commissions

  • Temporary bodies investigating patterns of human rights abuses, focusing on truth, reconciliation, and societal healing. Often used as restorative justice.
  • South Africa's TRC offered conditional amnesty in exchange for full disclosure.

Empirical Evidence for Truth Commissions

  • TRC impacted White South Africans' conciliatory attitudes, but the impact on Black participants was not apparent.
  • Limited empirical support for the claim that forgoing accountability fosters reconciliation.

Symbolic Reparation: Political Apologies

  • Political apologies, aiming for reconciliation, should include remorse, responsibility admission, promises, and offers of repair.
  • Effective apologies address victim needs (agency, relatedness, autonomy) and avoid ambiguity.
  • Apologies can boost perceptions of remorse and victim satisfaction; however, they may be less effective in promoting general, intergroup forgiveness when offered alone and can be more effective when combined with other measures like punishment or financial compensation.

General Conclusions

  • Justice mechanisms contribute to social healing and reconciliation.
  • Justice is a complex social process, requiring awareness of victim needs and potential for changes overtime.
  • Psychological models risk oversimplification; often, multiple measures/mechanisms are most effective.

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Description

Explore the concept of International Justice, including its measures to address human rights violations and challenges faced during implementation. Learn about pivotal historical examples like the NI Troubles and the legal frameworks such as the ICC. This quiz delves into both judicial and non-judicial approaches to achieving justice.

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