Thursday, 19 July 2012

Article on Restorative Justice and the ECHR

Friend and colleague James Sweeney of Durham University has written just published the article 'Restorative Justice and Transitional Justice at the ECHR' in the newest issue of the International Criminal Law Review (vol. 12. No. 3, 2012). This is the abstract:



The entire jurisprudence of the European Court of Human Rights contains just one reference to ‘restorative justice’: a quotation in the 2010 property restitution case of Đokić v. Bosnia and Herzegovina. Yet restorative justice has real potential in transitional contexts, and means far more than property restitution. This article seeks definitional clarity and tracks the relationship between restorative justice and transitional justice in the jurisprudence of the European Court of Human Rights, encompassing not only property restitution cases but also cases on successor trials, amnesties, truth and memorialisation, and lustration.