Justice After War PSCI 4820/5820 Spring 2018
Justice after War--PSCI 4820/5820—Spring 2018
University of North Texas--Department of Political Science
Professors: Dr. Kimi Lynn King & Dr. James Meernik
King office hours, phone & email: TuTh-10-12:30, 148 Wooten Hall; (940) 5654984 (office); (940) 5652276 (Poli Sci Office); (940) 597-4802;
Meernik office hours, phone & email: Tuesdays 12:30 – 2:00 and Wednesdays 8:00 – 10:00; 139 Wooten Hall. 565-2684.
This course examines why and how justice is applied following mass conflict. We structure the material in terms of both macro- and micro level forces that shape the nature of the political and legal responses to human rights atrocities, and the impact of those responses on individuals, societies, governments and the global community. We analyze the development and use of justice systems to address violations of international law, including war crimes, crimes against humanity and genocide and the role ofthe various stakeholders in post conflict justice as well as their impact on states, societies and individuals. We examine the international, regional, and domestic determinants of the global community’s interest in establishing consistent norms, rules, and precedent, including professional and political interests in human rights, transitional justice, and conflict resolution. The course readings and topics examine normative and empirical research and issues regarding justice after war as well as the how its practiceoperates in local, national and global systems.
Student Learning Objectives
By the end of this course students will be able to:
- Understand and analyze transitional justice in the post-conflict environment including its goals, challenges, stakeholders, mechanisms, and institutions;
- Demonstrate an understanding of the main theoretical approaches to studying post-conflict transitional justice and human rights;
- Understand the evolution of the human rights and transitional justice regimes;
- Understand and critique the impact of delivering justice to individuals, states, and international organizations;
- Discuss with breadth and depth of knowledge the role of transitional justice mechanisms in the context of broader debates about human rights and international relations;
- Investigate the intersections of sovereignty and human rights within the context of post-conflict mechanisms, and devise methods for studying these questions;
- Critically evaluate how stakeholders within domestic, regional, and global contexts protect and punish those who violate international norms of human rights;
- Analyze the role of non-state and state actors in ending the culture of impunity and holding states and individuals responsible for human rights during conflict.
- Demonstrate facility with this material in class discussions and lead class discussions.
- Devise and assess research designs and projects for understanding the role and impact of transitional justice, and in particular legal mechanisms.
Marketable skills
By the end of this course students will be able to:
- Conduct independent research on the institutions and behaviors associated with transitional justice experiences in a variety of contexts;
- Communicate their understanding of transitional justice after war and reach wider audiences than just those in the academic community, including community partners, activists, and employers;
- Enhance critical writing capacity by preparing independent research on critical questions in post-conflict studies regarding the effectiveness and impact of transitional justice mechanisms following war;
- Develop analytical and statistical skills by using computer packages including, introductions to STATA and Excel;
- Learn how to examine trends in data, formulate and test hypotheses, read and analyze data using ordinary least squares regression and/or maximum likelihood estimation, Develop content for educational assessment and lead group discussions about topic areas developing policy expertise in a substantive issue area of international conflict;
Assessment
1) Independent Research Project = 35%
The project includes working on independent research that empirically analyzes transitional justice mechanisms in post-conflict societies. Students will investigate the selection, impact and effectiveness of transitional justice institutions after mass violence within the context of current theoretical developments in the comparative, judicial, or international relations sub-fields of political science. The culmination of this research project is the completion of a 15-20 page paper suitable for publication in, at a minimum, an undergraduate, peer-reviewed journal. If you are a graduate student, your research paper will be 35-40 pages and be suitable for a scholarly, peer-reviewed journal. The topics will be devised in collaboration with the instructors and will utilize data sets available for analyzing transitional justice. All papers are double-spaced (12 point font). They should have footnotes or in-text citations and a bibliography with at least 20-30 citations. Students must submit their essays via the Turnitin anti-plagiarism system.
2) Research Presentation = 10%
As part of your independent research project, students are also expected to present a short summary of their research and findings at a community event held at UNT on the Square where we will be inviting members and organizations from the wider UNT, Denton, and Dallas-Ft. Worth communities. We will help you with producing a presentation display so that event attendees may discuss in-depth your research findings.
3) Two Examinations (Mid-term & Final each worth 20%)= 40%
These exams will be a combination of multiple choice (35%) and short answers (65%) drawn from the readings and class discussions.
4) Class Participation = 15%
Students will be assigned readings in topic areas and will be in charge of facilitating the discussion of those topics. They will prepare questions for the class to answer regarding critical points and findings from the research as well as the strengths and weaknesses of the research. These discussions will also be used in class to gauge student learning and survey opinions.We will also make use of the REEF polling system and students will design questions to be asked on REEF for their assigned classes. REEF questions will be used throughout the course to gauge student knowledge of the readings—all students are expected to prepare thoroughly before each class. Students who prove to be unable to do so may be dropped from the course.
Students are expected to participate actively in all discussions and to complete readings and assignments prior to each class. Readings and assignments are due on the day they are listed on the syllabus.
Course Materials
The required books are on reserve at Willis Library under King/Meernik-2 hour reserve. All other articles may be accessed via Blackboard. We will also use the REEF app in class so students must bring to class every week a device that can access REEF.
Required Books
The Witness Experience (2017) Kimi King and James Meernik. Cambridge University Press.
International Tribunals and Human Security (2016) James Meernik. Rowman and Littlefield.
An Introduction to Transitional Justice (2016) OliveraSimic (ed.). Routledge.
Course Schedule
Introduction – January 17
Simić ed., “An Introduction to Transitional Justice”.
Simić ed., “The Development of Transitional Justice”.
Human Rights and International Law – January 24 and 31
Meernik, International Tribunals and Human Security, chapter 1
Ratner, Steven R., Jason S. Abrams, and James L. Bischoff. 2009.Accountability for Human Rights Atrocities in International Law: Beyond the Nuremberg Legacy. Oxford: Oxford University Press. Chapters 1-4.
DeGuzman, Margaret. 2012. “Choosing to Prosecute: Expressive Selection at the International Criminal Court”. Michigan Journal of International Law 33(2):265-320.
Danner, Allison Marston. 2006. "When Courts make Law: how the International Criminal Tribunals Recast the Laws of War."Vanderbilt Law Review59 (1): 1-65.
Peskin, Victor. “Beyond Victor's Justice? The Challenge of Prosecuting the Winners at the International Criminal Tribunals for the Former Yugoslavia and Rwanda.” Journal of Human Rights 4,2 (2005): 213-231
Retribution and Restoration – February 7
Meernik, International Tribunals and Human Security, chapter 2.
Harmon, Mark and Fergal Gaynor. 2004. “Prosecuting Massive Crimes with Primitive Tools.” Journal of International Criminal Justice2:403-426.
Henham, Ralph. 2003. “The Philosophical Foundations of International Sentencing”. Journal of International Criminal Justice 1: 64-85.
Menkel-Meadow, Carrie. “Restorative Justice: What IsIt and Does It Work?” The Annual Review of Law and Social Science 3:161-187.
Sloane, Robert D. 2007a. “The Expressive Capacity of International Punishment: The Limits of National Law Analogy and the Potential of International Criminal Law.” Stanford Journal of International Law 43 (Winter): 39-94.
States, Power and the Law – February 14
Goldsmith, Jack, and Stephen D. Krasner. 2003. "The Limits of Idealism." Daedalus 132: 47-
63.
Kelley, Judith. 2007. “Who Keeps International Commitments and Why? The International Criminal Court and Bilateral Non-Surrender Agreements.” 2007. American Political Science Review, 101(3): 573-589.
Meernik, James. Forthcoming. “My Brother’s Keeper: States and Their Human Rights Abusing Allies”. International Studies Perspectives.
Snyder, Jack and Leslie Vinjamuri. 2003/04. “Trials and Errors: Principles and Pragmatism in Strategies of International Justice”. International Security 28(Winter):5-44.
State Courts and Hybrid Tribunals – February 21
Sawyer, Edward and Tim. Kelsall (2007) “Truth vs. Justice?Popular Views on the Truth and ReconciliationCommission and the Special Court for Sierra Leone”. The Online Journal of Peace and Conflict Resolution7.1: 36-68.
Dancy, Geoff and Veronica Michael (2015). “Human Rights Enforcement From Below: Private Actors andProsecutorial Momentum in Latin America and Europe”. International Studies Quarterly.
Truth Commissions – February 28
Simić ed., “Truth and Reconciliation Commissions” (5)
Bakiner, Onur. 2014. “Truth Commission Impact: AnAssessment of How CommissionsInfluence Politics and Society”. International Journal of Transitional Justice8:6–30.
Gibson, James L. 2006. “The Contributions of Truth to Reconciliation: Lessons From South Africa”. Journal of Conflict Resolution 50:3: 409-432.
Hayner, Priscilla B. “Fifteen Truth Commissions – 1974 to 1994: A Comparative Study.” Human Rights Quarterly 16.4 (November 1994): 597-655.
MID TERM EXAMINATION – MARCH 7
Lustration, Vetting and Memorialization – March 21
Simić ed., “Lustration and Vetting” (7) and “Memorials and Transitional Justice” (12)
Pfiffner, James P. “US Blunders in Iraq: De-Baathification and Disbanding the Army,”
Intelligence and National Security 25:1 (2010): 76-85.
Transitional Justice and Peacebuilding– March 28 and April 4
Meernik, International Tribunals and Human Security, chapters 3 and 4
Simić ed., “Transitional Justice and Peacebuilding”
Dancy, Geoff and Eric Wiebelhaus-Brahm. 2017. “The Impact of Criminal Prosecutions During Intra State Conflict” Journal of Peace Research.
Jo, Hyeran, and Beth A Simmons. 2016. "Can the International Criminal Court Deter Atrocity?" International Organization 70.3: 443-475.
Kim, Hunjoon and Sikkink, Kathryn. 2010. Explaining the deterrence effect of human rights prosecutions for transitional countries. International Studies Quarterly, 54.4: 939–963.
Leebaw, Bronwyn Anne. “The Irreconcilable Goals of Transitional Justice.” Human Rights Quarterly 30,1 (February 2008): 95-118.
Mendeloff, David. 2004. “Truth-Seeking, Truth-Telling, and Postconflict Peacebuilding: Curb the Enthusiasm?” International Studies Review 6(3): 355–80.
Mendeloff, David. 2017. “Punish or Persuade? The Compellence Logic of International Criminal Court Intervention in Cases of Ongoing Civilian Violence”. International Studies Review 0:1-27.
The Human Experience:The Victims and Witness – April 11 and 18
KingMeernik. 2017The Witness Experience.
Stepakoff, Shanee, G. Shawn Reynolds, and Simon Charters. “Self-reported psychosocial consequences of testifying in a war crimes tribunal in Sierra Leone.” International Perspectives in Psychology: Research, Practice, Consultation 4.3 (2015): 161-181.
--. “Why Testify? Witnesses' Motivations for Giving Evidence in a War Crimes Tribunal in Sierra.” International Journal of Transitional Justice 8.3 (2014): 426-451.
April 25th – Presentations at UNT on the Square. 6:30 – 8:30 pm
May 4 – Wrap Up – Final Class
May 11 – FINAL EXAM
Academic Integrity Policy
UNT Policy 18.1.16 at _Policy /volume3/18_1_16.pdf
I. Categories of Academic Dishonesty.
A. Cheating. The use of unauthorized assistance in an academic exercise, including but not limited to:
1. use of any unauthorized assistance to take exams, tests, quizzes or other assessments;
2. dependence upon the aid of sources beyond those authorized by the instructor in writing papers, preparing reports, solving problems or carrying out other assignments;
3. acquisition, without permission, of tests, notes or other academic materials belonging to a faculty or staff member of the University;
4. dual submission of a paper or project, or re-submission of a paper or project to a different class without express permission from the instructor;
5. any other act designed to give a student an unfair advantage on an academic assignment.
B. Plagiarism. Use of another's thoughts or words without proper attribution in any academic exercise, regardless of the student's intent, including but not limited to:
1. the knowing or negligent use by paraphrase or direct quotation of the published or unpublished work of another person without full and clear acknowledgement or citation.
2. the knowing or negligent unacknowledged use of materials prepared by another person or by an agency engaged in selling term papers or other academic materials.
C. Forgery. Altering a score, grade or official academic university record or forging the signature of an instructor or other student.
D. Fabrication. Falsifying or inventing any information, data or research as part of an academic exercise.
E. Facilitating Academic Dishonesty. Helping or assisting another in the commission of academic dishonesty.
F. Sabotage. Acting to prevent others from completing their work or willfully disrupting academic work.
II. Available Academic Penalties
The following academic penalties may be assessed at the instructor's discretion upon determination that academic dishonesty has occurred. Admonitions and educational assignments are not appealable.
A. Admonition. The student may be issued a verbal or written warning.
B. Assignment of Educational Coursework. The student may be required to perform additional coursework not required of other students in the specific course.
C. Partial or no credit for an assignment or assessment. The instructor may award partial or no credit for the
assignment or assessment on which the student engaged in academic dishonesty, to be calculated into the final course grade.
University of North Texas-Statement of ADA Compliance-The Political Science Department cooperates with the Office of Disability Accommodation to make reasonable accommodations for qualified students with disabilities. Please present your written accommodation request on or before the sixth class day (beginning of the second week of classes).
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