Melbourne Law School - Theses

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Standards for effective transitional justice decision-making: lessons from South Africa and East Timor

Millar, Hayli Anne ( 2007)

This thesis examines the valuation of transitional justice. It argues the need for and advances a more theoretically expansive set of ideal standards that can be used to assess the process and substantive outcomes of transitional justice decision-making. In so doing, it advocates a victim-inclusive and sustainable model of justice. Effective decision-making is understood in ideal terms as being :(l) politically and publicly inclusive; (2) methodically planned; (3) politically purposive; and (4) legally comprehensive in the sense of equally recognising state obligations and victim rights.