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Arcs of Global JusticeEssays in Honour of William A. Schabas$
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Margaret M. deGuzman and Diane Marie Amann

Print publication date: 2018

Print ISBN-13: 9780190272654

Published to Oxford Scholarship Online: January 2018

DOI: 10.1093/oso/9780190272654.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 19 September 2020

Justice outside of Criminal Courtrooms and Jailhouses

Justice outside of Criminal Courtrooms and Jailhouses

Chapter:
(p.397) 20 Justice outside of Criminal Courtrooms and Jailhouses
Source:
Arcs of Global Justice
Author(s):

Mark A. Drumbl

Publisher:
Oxford University Press
DOI:10.1093/oso/9780190272654.003.0021

This chapter explores a range of justice mechanisms that present as alternatives to courtrooms and jails. It discusses a number of ‘othered’ alternatives. A rich thread of Schabas’s work itself engages with such alternatives, and this chapter references this thread. When it comes to alternatives to criminal trials, truth commissions and public inquiries emerge as among the most obvious candidates. In this regard, then, they find themselves at the center of peripheralized modalities of post-conflict justice. This chapter looks well beyond this center so as to recover the value of the margins, the edges, within the periphery. It thereby addresses traditional cleansing ceremonies, community service, civil actions in national courts, restitution, qualified amnesties, and the gacaca in Rwanda. It also examines how, because of perceived inadequacies in victim integration, the Rome Statute framework sought to incorporate restorative approaches to justice (including victim participation in criminal proceedings and entitlements to reparations).

Keywords:   truth commissions, customary justice, restitution, reparations, alternative sentences

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