Deck 8: Transitional Justice: Justice, Forgiveness, and Impunity

Question 1

What is the conception of justice associated with periods of political change, characterized by legal responses to confront the wrongdoing of repressive predecessor regimes?

A) Lustration
B) Transitional Justice
C) Amnesty
D) Reconciliation

Answer 1

B

Question 2

What involves the rebuilding of fractured individual and communal relationships after conflict, with a view to encourage meaningful interaction?

A) Lustration
B) Transitional Justice
C) Amnesty
D) Reconciliation

Answer 2

D

Question 3

What is the process of excluding from public offices, or vetting for acceptability for appointment to public office, those involved in abuses under a former regime?

A) Lustration
B) Transitional Justice
C) Amnesty
D) Reconciliation

Answer 3

A

Question 4

Which of the following is not expressly stated to be included within international criminal law?

A) Genocide
B) Torture
C) Rape
D) Crimes against humanity

Question 5

What types of courts conduct proceedings in the transition State but comprise a mix of national and international elements?

A) International criminal tribunals
B) Hybrid courts
C) Ad hoc courts
D) Gacaca courts

Question 6

Which of the following is NOT one of the three phases Teitel includes in her account of the origins and growth of transitional justice?

A) Postwar phase
B) Post-Cold War phase
C) Steady State phase
D) Modern phase

Question 7

Which of Teitel's three phases is characterized by internationalism in form of Nuremberg trials, cooperation between States, and development of international human rights law?

A) Postwar phase
B) Post-Cold War phase
C) Steady State phase
D) Modern phase

Question 8

Which of Teitel's three phases is characterized by the balance of power between US and USSR leading to proxy wars, nation building, and eventually restorative model of truth?

A) Postwar phase
B) Post-Cold War phase
C) Steady State phase
D) Modern phase

Question 9

Which of Teitel's three phases is characterized by globalization, increased political instability, persistent conflict, and the creation of the International Criminal Court?

A) Postwar phase
B) Post-Cold War phase
C) Steady State phase
D) Modern phase

Question 10

Which country is used as an example of when amnesty can be appropriate when the purpose of retribution is to fulfill a moral duty and aims for peace in the future?

A) Rwanda
B) East Timor
C) Sierra Leone
D) Bolivia

Question 11

Which form of reparation seeks to restore the status of the victim before the act or event occurred?

A) Restitution
B) Compensation
C) Rehabilitation
D) Satisfaction and guarantee of non-recurrence

Question 12

Which form of reparation seeks to compensate for harms suffered by quantifying the actual harm economically, physically, or mentally?

A) Restitution
B) Compensation
C) Rehabilitation
D) Satisfaction and guarantee of non-recurrence

Question 13

Which form of reparation seeks out measures providing social and medical care and legal services?

A) Restitution
B) Compensation
C) Rehabilitation
D) Satisfaction and guarantee of non-recurrence

Question 14

Which form of reparation demands the cessation of continuing violations, verification of facts, full disclosure of the truth, and handing over dead or disappeared persons?

A) Restitution
B) Compensation
C) Rehabilitation
D) Satisfaction and guarantee of non-recurrence

Question 15

What percentage of registered East Timorese voters turned out to vote in favor of independence from Indonesia in the 1998 referendum?

A) 10%
B) 25%
C) 50%
D) 99%

Question 16

Which of the following elements are contributing factors in determining that the Rwandan genocide was planned and not spontaneous?

A) The inciting of violence through the media
B) The killing of Belgian peacekeepers
C) The restriction of movement and usage of national identity cards to track citizens
D) All of the above

Question 17

Which types of traditional courts were used to resolve the tremendous backlogs of trials after the Rwandan genocide?

A) International criminal tribunals
B) Hybrid courts
C) Ad hoc courts
D) Gacaca courts

Question 18

Which of the following is NOT emphasized within transitional methods of justice?

A) National reconciliation
B) Understanding the background of the perpetrators
C) Uncovering the truth about human rights abuses
D) How best to provide justice to victims of the outgoing regime

Question 19

What event was considered to be the trigger for the Rwandan genocide?

A) Rwanda becoming an independent republic in a Belgian-assisted coup
B) The colonial government and Catholic Church pushing for transfer of powers from Tutsis to Hutus
C) The killing of President Habyarimana in a plane crash
D) The formation of the Rwandan Patriotic Front (RPF)

Question 20

Which of the following is NOT a criticism listed about truth commissions?

A) They rely too heavily on the 'bottom up approach' which marginalizes victims
B) There is a tendency to reopen old wounds or polarize groups
C) The focus is usually too narrow
D) The trade-offs between justice, stability and practical politics are hard to accept

Question 21

Which of the following is true in regards to formal prosecutions in national courts or ad hoc international tribunals?

A) They enhance the legitimacy of a new government
B) They provide focus for rebuilding and strengthening the local justice system
C) They provide a sense of empowerment for victims
D) All of the above

Question 22

Which of the following is true in regards to transitional amnesty and the granting of impunity?

A) International opinion rejects the notion of granting amnesty for persons who have committed international crimes like torture, crimes against humanity and genocide
B) Failure to punish is seen as a community's forgiveness for past human rights abuses
C) International law largely prohibits amnesty because State treaty obligations require prosecution of serious offenses and a remediation of human rights abuses
D) A and C
E) All of the above

Question 23

Elements of transitional justice truth seeking and telling include:

A) Ascertaining the truth and making it part of a state's history
B) Including a sense of both knowledge and acknowledgment
C) Recognizing the historical account of events, recording them, and then making them public
D) All of the above

Question 24

In what region of the world did truth commissions emerge from?

A) Africa
B) South/Central America
C) Asia
D) Eastern Europe

Question 25

In which country did a truth commission spend nine months compiling a report with the names of 9,000 people disappeared or killed by the local authoritarian regime?

A) Argentina
B) Sierra Leone
C) Indonesia
D) Uruguay

Question 26

What was the primary murder weapon used during the Rwandan genocide?

A) Guns
B) Axes
C) Machetes
D) Fragmentation grenades

Question 27

Where did the International Criminal Tribunal for Rwanda take place?

A) The Congo
B) Switzerland
C) Tanzania
D) Rwanda

Question 28

Which of the following were some of the torture techniques used during Indonesian occupation of East Timor?

A) Burning with lighted cigarettes on all parts of the body
B) Electric shocks on all parts of the body, especially on the genitals and breasts
C) Being confined in small spaces and being attacked by animals
D) All of the above

Question 29

Which of the following was NOT one of the three aims of the East Timorese Commission for Reception, Truth, and Reconciliation (CAVR)?

A) Provide all agencies of government with the training necessary to align to the United Nations human rights standards
B) Establish the truth about the 24 years of Indonesian occupation through nationwide testimony and public hearings
C) Encourage resettlement and reintegration of militia who committed less serious crimes through a community reconciliation process which would employ local dispute resolution practices
D) Prepare a report of findings and recommendations for presentation to the President and Parliament following independence

Question 30

Which of the following countries were NOT mentioned to have implemented lustration processes in their government agencies?

A) Czechoslovakia
B) Bulgaria
C) Spain
D) Germany

Question 31

In what time period do lustration practices find their process and policy origins in?

A) The Red Scare of the Cold War between the U.S. and U.S.S.R.
B) The de-nazification of Germany after the end of WWII
C) The American public's distrust of government officials during the Vietnam War
D) Eastern Europe's democratization after the Soviet Union's collapse

Question 32

Which of the following questions are typically asked when deciding whether an exception to prosecution should be pursued?

A) Will reparation be made to the victims?
B) Will the chosen approach be likely to provide closure in the sense of victims believing they have received justice?
C) Will there be a commitment to adhere to other human rights obligations?
D) All of the above

Question 33

Which term best describes an absolute bar to prosecuting persons for past criminal conduct?

A) Lustration
B) Transitional Justice
C) Amnesty
D) Reconciliation

Question 34

Which of the following are examples of international criminal tribunals that prosecuted international crimes throughout history?

A) Nuremberg Tribunal
B) International Criminal Tribunal of Yugoslavia
C) Tokyo Tribunal
D) All of the above

Question 35

In which country was there a truth commission established to investigate the killings or disappearances of about 200,000 persons who were mostly Mayan throughout a 34-year civil war?

A) Guatemala
B) Argentina
C) Uruguay
D) Brazil

Question 36

Transitional justice is a process that integrates legal, political, psychological, historical, and ethical processes.

Question 37

Early forms of transitional justice in Central and South America allowed public testimony.

Question 38

A general theory about transitional justice may not be possible to formulate because it is a field that is always in motion.

Question 39

Amnesty can be appropriate when the purpose of retribution is to fulfill a moral duty and aims for peace in the future.

Question 40

A CAVR report blamed Indonesians for the deaths of 100,000-180,000 East Timorese.

Question 41

The CAVR report conducted increased impunity for top-ranking Indonesian military leaders and promulgated civil war narratives about violence between Timorese.

Question 42

The Rwandan genocide involved the mass killings of Hutus by Tutsis.

Question 43

German colonists and missionaries were largely responsible for creating the notion that the Tutsis were the superior race because they resembled Europeans.

Question 44

Gacaca trials were unable to modernize, and were ineffective at disposing of the backlog of 135,000 cases after the Rwandan genocide.

Question 45

Local communities should be a crucial part of every stage of the transitional process.

Question 46

Define transitional justice, and apply this ideology to three historical examples of international human rights abuses. Was the TJ process effective? If not, what were the primary critiques of the process?

Question 47

Explain the four different types of reparation in transitional justice and give an example of each.

Question 48

Explain the two accounts of the origins of transitional justice. What are the primary differences between Arthur's and Teitel's ideas?