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Home > Resources > Ethics & International Affairs Journal > Volume 15.1 (Spring 2001) > Articles |
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Peaceful Transition and Retrospective Justice: Some Reservations (Response to Juan Méndez) [Abstract]
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May 4, 2001
Although retribution for past human rights violations has its place in
post-conflict processes of transition and reconciliation, there are many present
and foreseeable circumstances in which the case for immunity, amnesty, or sheer
forbearance is significantly stronger than Juan E. Méndez's approach to this
question can admit. Disagreement about justice is an ineradicable part of
political life and a leading cause of violent conflict. Reconciliation cannot
always presuppose or await a shared moral understanding; frequently enough, it
requires an agreement to disagree, even about fundamental principles -- at least
with respect to their retrospective application. Where the parties to violent
conflict have seen fit to set aside issues of retrospective justice in the
service of peace and reconciliation, outsiders, who do not bear the costs of
conflict and instability, should second-guess that decision only with the
greatest reluctance. They should not look to international human rights
standards and mechanisms for a universal solution.
To read or purchase the full text of this article, click here.
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The Carnegie Council's flagship publication, Ethics & International Affairs is an interdisciplinary resource for scholars, students, and policy analysts concerned with the moral dimensions of global issues. The journal covers global justice, civil society, democratization, international law, intervention, sanctions, and related topics.
SUBSCRIPTIONS
To subscribe to Ethics & International Affairs, or to purchase individual issues and articles, go to Blackwell Publishing.
RESPONSES
The Editors welcome responses to Features and Essays published in Ethics & International
Affairs. To be considered for publication, responses should be no longer than one
thousand words, including endnotes (which
should be kept to a minimum). Responses
are not peer-reviewed, and are published at
the Editors' discretion. All responses are
subject to editing for length and style. In the
event of any questions or substantive editing,
the response will be returned to the author
for final approval prior to publication.
Responses are published online, alongside
the article they address.
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