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課程名稱 |
轉型正義與國際人權專題研究
Seminar on Transitional Justice and International Human Rights |
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開課學期 |
105-1 |
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授課對象 |
法律學院 法律學系 |
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授課教師 |
林耕暉 |
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課號 |
LAW5357 |
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課程識別碼 |
A21EU4680 |
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班次 |
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學分 |
1 |
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全/半年 |
半年 |
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必/選修 |
選修 |
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上課時間 |
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上課地點 |
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備註 |
Intensive courses。本課程以英語授課。密集課程。12/19~30。一10AB/法1703，三、五8.9.10/法1703。
總人數上限：30人 |
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課程簡介影片 |
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核心能力關聯 |
核心能力與課程規劃關聯圖 |
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課程大綱
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課程概述 |
Addressing legacies of pervasive human rights and humanitarian law violations is essential to breaking cycles of violence. But trying to render ‘justice for victims’ of mass atrocity and violations raises large conceptual and practical difficulties, particularly when a state’s political balance is delicate, society is divisive, prevailing narratives of the past are irreconcilable, resources are limited, and international actors get involved. Transitional justice has emerged as an approach to achieving ‘justice’ in these complex settings, when states are emerging from conflict and authoritarian rule. |
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課程目標 |
This course is designed to provide students with an introductory understanding of transitional justice theory and the challenges faced when applying that theory in real contexts of transition to address legacies of mass human rights and humanitarian law violations.
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課程要求 |
The course is based on the Socratic teaching method, which requires student participation in class discussion. Students are expected to read assignments before coming to class. In addition to lectures and class discussions, a range of experiential and participatory learning methods will be employed, including group projects, presentations, and role plays. All instruction, discussions, assignments, and examinations, including all student input, will be conducted in English.
Class participation is not only required but also evaluated. Students who take this course for credit must be well prepared for each class and participate in class discussion.
The final evaluation and grade will consist of class participation & assignments (45%) and final examination (55%). |
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預期每週課後學習時數 |
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Office Hours |
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指定閱讀 |
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參考書目 |
Pages and sections from some of the following texts (to be confirmed):
Azanian Peoples Organisation (AZAPO) et al. v. President of the Republic of
South Africa et al., Constitutional Court, Judgement, CCT 17/96, 17 July 1996.
Brehm H, Savelsberg J and Zacher M. (2014) NGOs, IOs, and the ICC: Diagnosing
and Framing Dafur. 29(1) Sociological Forum 29.
Chiang J. (2013) A Call to Action – Examining Nepal’s Post-Conflict Strategy
Towards Persons Accused of Gross Human Rights Abuses, 81 Fordham L. Rev. 939.
De Greiff P. (2012) Theorizing Transitional Justice. In Melissa Williams,
Rosemary Nagy and Jon Elster (eds.) Transitional Justice (New York: New York
University Press).
Dezalay S, Hagan J and Levi R. (2014) The Spoken Body: Operational Context,
Expertise, and the Spaces Between Fields in International Criminal Law. Law and
Society Annual Meeting (Minneapolis, May 29th – June 1st).
Drumbl, M. (2007) Atrocity, Punishment, and International Law. Cambridge, New
York: Cambridge University Press.
Fletcher G. (2004) Collective Guilt and Collective Punishment, 5 Theoretical
Inquiries in Law 47.
Geneva Conventions of 1949 and Additional Protocols.
Hayden R. (2011) What’s Reconciliation Got to do with It? The International
Criminal Tribunal for the former Yugoslavia (ICTY) as Antiwar Profiteer. 5(3) J.
Intervention & State-building 313.
Liebhafsky Des Forges A. (1999) Leave None to Tell the Story: Genocide in
Rwanda, Human Rights Watch.
Moore LM. (2009) (Re)covering the Past, Remembering Trauma: The Politics of
Commemoration at Sites of Atrocity, 20 J. Pub. & Int’l Affairs 47.
McAuliffe P. (2011) Hybrid Tribunals at Ten: How International Criminal
Justice’s Golden Child became an Orphan, 7 J. Int’l Law & Int’l Relations 1.
Melvin NJ. (2007) Conflict in Southern Thailand: Islamism, Violence and the
State in the Patani Insurgency, Stockholm International Peace Research
Institute.
Pathak B. (2005) Politics of the People’s War and Human Rights in Nepal
(Kathmandu, BIMIPA Publications).
Prosecutor v. Dusko Tadic, Case No. IT-94-1-A, ICTY Appeals Chamber, 15 July
1999.
Rome Statute of the International Criminal Court, A/CONF.183/9 (1998), 17 July
1998.
Trahan J. (2006) Genocide, War Crimes and Crimes Against Humanity: A topical
Digest of the Case Law of the International Criminal Tribunal for the Former
Yugoslavia, Human Rights Watch.
Zawati HM. (2010) The Triumph of Ethnic Hatred and the Failure of International
Political Will: Gendered Violence and Genocide in the Former Yugoslavia and
Rwanda (Lewiston, N.Y.: The Edwin Mellen Press). |
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評量方式
(僅供參考) |
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No. |
項目 |
百分比 |
說明 |
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1. |
participation |
45% |
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2. |
final exam |
55% |
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