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Law Invades Utopia: Truth Commissions and the Democratic State

Law Invades Utopia: Truth Commissions and the Democratic State. Prof. Colm Campbell Transitional Justice Institute University of Ulster Northern Ireland. 5 problems for law in transition. What does law capture and see? Peace or justice: prosecution as imperative? Cost of legal procedure

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Law Invades Utopia: Truth Commissions and the Democratic State

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  1. Law Invades Utopia: Truth Commissions and the Democratic State Prof. Colm Campbell Transitional Justice Institute University of Ulster Northern Ireland

  2. 5 problems for law in transition • What does law capture and see? • Peace or justice: prosecution as imperative? • Cost of legal procedure • Law and reconciliation? • Law and truth: hubris?

  3. 5 problems for democratic states in transition • The liberal democracy as Rechtsstaat • What’s the transition? • Democratisation axis • War to Peace axis • Economic axis • What state violations? • What about NSE violations? • Choreography & reciprocity

  4. 5-year period Focus on deaths: ‘recognition payment’ Day of reflection & reconciliation Victims & survivors: work with CVSNI Violence pledge: ‘never again’ Eames-Bradley Report

  5. How does Eames-Bradley stack up? • Recognition: there is an issue: state collusion and patterns of paramilitary killings • Meta-conflict: ‘conflict in and about Northern Ireland’ • Insists on all sides’ participation • Socio-economic dimension • Reconciliation • Juridification: challenge of complexity • Prosecutions open

  6. Focus: right to life - torture neglected • Statistical dimension? • What truths? • Recognition payments debacle • Conclusions

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