Thursday, 19 July 2012

Article on Restorative Justice and the ECHR

Friend and colleague James Sweeney of Durham University has written just published the article 'Restorative Justice and Transitional Justice at the ECHR' in the newest issue of the International Criminal Law Review (vol. 12. No. 3, 2012). This is the abstract:



The entire jurisprudence of the European Court of Human Rights contains just one reference to ‘restorative justice’: a quotation in the 2010 property restitution case of Đokić v. Bosnia and Herzegovina. Yet restorative justice has real potential in transitional contexts, and means far more than property restitution. This article seeks definitional clarity and tracks the relationship between restorative justice and transitional justice in the jurisprudence of the European Court of Human Rights, encompassing not only property restitution cases but also cases on successor trials, amnesties, truth and memorialisation, and lustration.



2 comments:

rhodriwilliams said...

Worth noting that the reference to restorative justice in Dokic comes from a separate set of international principles on post-conflict property restitution and may well have been a bit of a misnomer there. See Chris Thornton on this:

http://terra0nullius.wordpress.com/2012/03/06/pinheiro-and-the-political-philosophers-achieving-justice-through-post-conflict-property-restitution/

James Sweeney said...

Hi - fair point. That's what I meant by saying it was a quotation within the case though, rather than a statement of the European Court itself. In the article I've looked at the various uses of the term 'restorative justice' including within the Pinheiro Principles. Thanks for taking an interest. JAS