Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
A Critique Of Rights In Transitional Justice: The African Experience, Makau Wa Mutua
A Critique Of Rights In Transitional Justice: The African Experience, Makau Wa Mutua
Contributions to Books
Published in Rethinking Transitions: Equality and Social Justice in Societies Emerging from Conflict, Gaby Oré Aguilar & Felipe Gómez Isa, eds.
This chapter interrogates the concept and application of transitional justice as a medium for the reclamation of post-conflict states in Africa. While it argues that transitional justice is an important – often indispensable – process in reconstructing post-despotic and battered societies, it nevertheless casts a jaundiced eye at traditionalist human rights approaches. It contends that individualist, non-collective, or non-community, approaches to transitional justice have serious limitations. It posits that the Nuremberg model, on which the ICTR and ICTY were …
African Human Rights Organizations: Questions Of Context And Legitimacy, Makau Wa Mutua
African Human Rights Organizations: Questions Of Context And Legitimacy, Makau Wa Mutua
Contributions to Books
Published as Chapter 13 in Human Rights, the Rule of Law, and Development in Africa, Gaby Oré Aguilar & Felipe Gómez Isa, eds.
The human rights movement is largely the product of the horrors of World War II. The development of its normative content and structure is the direct result of the abominations committed by the Third Reich during that war. Drawing on the Western liberal tradition, the human rights movement arose primarily to control and contain state action against the individual. It is ironic that it was the victors of the war, most of whom held colonies in Africa, …