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31 Hum. Rts. Q. 163 (2009)
Context, Timing and the Dynamics of Transitional Justice: A Historical Perspective

handle is hein.journals/hurq31 and id is 167 raw text is: HUMAN RIGHTS QUARTERLY
Context, Timing and the Dynamics
of Transitional Justice: A Historical
Perspective
Laurel E. Fletcher* & Harvey M. Weinstein** with Jamie
Rowen*
I.  Intro d uctio n  .................................................................................... 16 5
A. Summary Status of Trials and Truth Commissions in Transitional
Ju stice  .........................................................................................  1 6 6
B. The  Research  G ap  ....................................................................... 167
C. The  Need  to  Reassess Transitional Justice ................................... 169
II.  M ethodology  and  H istory  ...........................................................  170
1. A rgentina  ........................................................................... 1  72
2 .  C am bo d ia  ............................................................................... 174
Authorship is alphabetical.
* Laurel Fletcher, J.D., is Clinical Professor of Law and Director, International Human Rights
Law Clinic, University of California, Berkeley School of Law. Her work focuses on the areas
of transitional justice and humanitarian law, human rights and anti-terrorism, as well as
globalization and migration.
** Harvey M. Weinstein, M.D., M.PH is Senior Research Fellow at the Human Rights Center of
the University of California, Berkeley and a Clinical Professor in the School of Public Health.
He was Associate Director of the Human Rights Center from 1998-2005. Currently, he is
Co-editor of the International Journal of Transitional Justice. His principal research interests
are in transitional justice and social reconstruction, trauma and social repair, and in human
rights and mass disaster.
***Jamie Rowen is a J.D. candidate and Ph.D. student at Boalt Hall School of Law, University
of California, Berkeley. She currently studies data analysis methods in transitional justice
mechanisms and has worked with various human rights organizations in the Balkans, South
Africa, Vietnam, and Costa Rica.
The authors wish to thank the following individuals for sharing their insightful comments
on earlier drafts of this paper: Brandon Hamber, Timothy Kelsall, Louise Mallinder, Laurent
Mayali, Naomi Roht-Arriaza, and Beth Van Schaack. We also benefited from presenting ear-
lier versions of this paper at the Berlin 2007 International Conference on Law and Society;
the IVR Congress of Philosophy of Law and Social Philosophy in Krakow, Poland; the 2008
International Studies Association Convention in San Francisco, California; and a faculty
workshop at Berkeley Law School, University of California.
Human Rights Quarterly 31 (2009) 163-220 © 2009 by The Johns Hopkins University Press

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