Joe Phillips
class1 The Art of Negotiating (TAN)
class2 Political Economy of East Asia (PEEA)
class3 Discovering Human Rights (DHR)
Writer 관리자 Date 2016-12-14 20:05:14
Q: Regarding transitional justice in a re-unified Germany, were crimes punished under the law of the German Democratic Republic (GDR - 'East Germany')? 

A: Yes (unless the law of the Federal Republic of Germany [FDR - 'West Germany] was more favorable to the defendants; in that case, West German law applied).  So, this made it difficult to convict East Germans in transitional justice. Normally, East German law would have allowed their actions (e.g., border guards killing persons trying to escape over the Berlin wall).  

Q:  Did German prosecutors have to prove that the East German defendants' claims of coercion were unsubstantiated?

A:  Yes. The East German defendants would sometimes claim that they were coerced (forced) to commit their crimes (e.g., "if I didn't do it, the East German state would have executed me or put me in prison").  The German prosecutors then had to prove that this was not true (i.e., there was no coercion).  That is not easy to prove. 

Q: Why was the scope of criminal activities in German transitional justice 'significantly limited?'

A: The rules listed in the PPT limited the types of crimes which could be successfully prosecuted.  This was a policy choice by the new German government. 
Q: Regarding criticisms of transitional justice, "Disparity because of where international organizations and donor  governments dedicate resources for transitional justice." Does this mean that the IOs and donor governments speak out for transitional justice, but they don’t actually contribute to it or donate resources for it?

A: Not exactly.  It means that they are willing to dedicate resources for transition justice in developing countries where the trial involve only local persons (e.g., Rwanda, Bosnia, Cambodia) but not for transitional justice in, for example, Iraq or Afganistan to try US soldiers for war crimes.  They are not equal in their focus on transitional justice.  
Q: There are a lot of statistics about African-American poverty, education, etc. - do we need to exactly memorize all the percentage or year?

A: No, BUT you do need to know the types of social-economic problems which African-Americans have (e.g., disproportionately high imprisonment).