94
concerned that if there were no trials, it would aid and abet Khmer Rouge impunity.
In this sense, retribution operates both internationally and nationally. Retribution acts as a deterrent to those who may think of establishing regimes like those of the Khmer Rouge. But it also supports efforts to re-establish the rule of law within Cambodia itself by the example of punishing such grave crimes.
4.3 Retributive Justice and Revenge:
Revenge has been a constant in human history. It can be seen as a self-help response to an offence, in order to ensure that there is no impunity. Traditional literature has brought down to us many examples of the social obligation to revenge an offence, and the attempts to channel and limit that obligation through a legal system.
If there is no effective legal system to undertake the institutional revenge of a people, then the way is open for private revenge. Ultimately, this is socially destructive, and can lead to a never-ending cycle of revenge without closure.
4.4 Retributive Justice and Individuals:
Trials are focussed on individual perpetrators of guilt. In this way, individuals must accept accountability for their acts and omissions. One advantage of this process is that it avoids loading accountability on to a community or group, and avoids the stereotypes leading to ideas of collective guilt. These stereotypes are likely to lead to further violence, creating an unbreakable cycle of violence.
While retributive justice is a key component of the legal system, it is insufficient by itself to lead to reconciliation. This leads us to two additional aspects of justice, restorative justice, and distributive justice.
5. Restorative Justice
Restorative Justice is concerned with restoring the parties, as far as possible, to their original position. In a sense, it is more about "rights" and less about “wrongs.”
94
concerned that if there were no trials, it would aid and abet Khmer Rouge impunity.
In this sense, retribution operates both internationally and nationally. Retribution acts as a deterrent to those who may think of establishing regimes like those of the Khmer Rouge. But it also supports efforts to re-establish the rule of law within Cambodia itself by the *example of punishing such grave crimes.
4.3 Retributive Justice and Revenge:
Revenge has been a constant in human history. It can be seen as a self-help response to an offence, in order to ensure that there is no impunity. Traditional literature has brought down to us many examples of the social obligation to revenge an offence, and the attempts to channel and limit that obligation through a legal system.
If there is no effective legal system to undertake the institutional revenge of a people, then the way is open for private revenge. Ultimately, this is socially destructive, and can lead to a never-ending cycle of revenge without closure.
4.4 Retributive Justice and Individuals:
Trials are focussed on individual perpetrators of guilt. In this way, individuals must accept accountability for their acts and omissions. One advantage of this process is that it avoids loading accountability on to a community or group, and avoids the stereotypes leading to ideas of collective guilt. These stereotypes are likely lead to further violence, creating an unbreakable cycle of violence.
While retributive justice is a key component of the legal system, it is insufficient by itself to lead to reconciliation. This leads us to two additional aspects of justice, restorative justice, and distributive justice.
5. Restorative Justice
Restorative Justice is concerned with restoring the parties, as far as possible, to their original position. In a sense, it is more about "rights" and less about “wrongs.”
No comments yet.
Private notes are available after approval.