Judging Transitional Justice

Marek M. Kaminski and Monika Nalepa
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Marek M. Kaminski: Department of Political Science and Institute for Mathematical Behavioral Sciences, University of California, Irvine
Monika Nalepa: Department of Political Science, Rice University

Journal of Conflict Resolution, 2006, vol. 50, issue 3, 383-408

Abstract: Truth revelation procedures are evaluated according to various normative criteria. The authors find the concepts of false conviction and false acquittal more adequate for such evaluation than the conformity with the rule of law and apply a useful classification of truth revelation procedures into incentive-based (ITRs) and evidence-based ones (ETRs). ITRs induce perpetrators and secret agents of the authoritarian regime to reveal the truth about their past, while ETRs rely exclusively on preserved evidence and victims’ testimonies. Using a simple decision-making model, the authors show that while both procedures are sensitive to the problem of falsified evidence, ITRs perform better with respect to revealing the identity of collaborators whose files were destroyed. Finally, they discuss the connection between ITRs and two modes of coming to terms with the past, endogenous and exogenous.

Keywords: transitional justice; lustration; truth commission; Eastern Europe; truth revelation (search for similar items in EconPapers)
Date: 2006
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Persistent link: https://EconPapers.repec.org/RePEc:sae:jocore:v:50:y:2006:i:3:p:383-408

DOI: 10.1177/0022002706287046

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