September 2019 - August 2020
Study Mode Full-time
Application start 19 November 2018
Application end 1 March 2019
Application end (with scholarship) 1 February 2019
Module 1 - The Legal, Ethical and Conceptual Frameworks of Transitional Justice / Module 2 - Human Rights and the Rule of Law in Transitional Contexts / Module 3 - Institutional Reform and the Rule of Law / Module 4 - Transformative Justice, Development and Economic, Social and Cultural Rights / Module 5 - Criminal Justice / Module 6 - Transitional Justice in Practice
What is the meaning of the ‘rule of law’ in the international arena? How can it be rebuilt in the aftermath of armed conflict or authoritarianism? What forms of institutional reform are required to restore the rule of law, and what measures can prevent the recurrence of lawless and arbitrary rule? How can previously abusive institutions, such as the police and the military, be reformed? What actions should be taken with respect to perpetrators? This course explores the international dimension of the rule of law and its promotion in transitional contexts, focusing on institutional reform and guarantees of non-recurrence. The course also looks at the role of the international community and civil society in rule of law reform.
Striving towards judicial independence and a functioning and effective justice system is fundamental for countries transitioning to a rule of law based democratic society. On the basis of international norms, standards and practices, this course examines different ways and means of justice-sector reform in post-authoritarian and post-conflict countries. Based on case studies, the class undertakes assessments of the status quo of judicial systems, particularly in relation to the main actors of the justice system, so as to identify systemic deficiencies that require reform. Identifying guarantees of the independence of judges and lawyers, and the impartiality of prosecutors constitutes a key component of this course. Topics such as access to justice, military justice, gender and justice systems as well as judicial accountability are also addressed.