平和研究
Online ISSN : 2436-1054
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7 紛争後シエラレオネにおける法の支配の(再)確立と紛争被害者の損害回復
小阪 真也
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ジャーナル フリー

2012 年 38 巻 p. 115-131

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This paper discusses the role of reparation for victims of conflict in consolidating the rule of law in the context of post-conflict peacebuilding in Sierra Leone, and its challenges. Reparation for victims, one of the critical areas in the field of transitional justice, pursues restorative justice by restoring the damage caused by past human rights abuses. Ultimately, in the context of post-conflict peacebuilding, pursuing restorative justice by implementing reparation aims to consolidate the rule of law structure.

The paper defines the goals of consolidating the rule of law in both the narrow sense, targeting the establishment of procedures and institutions of law in society, and in the broad sense, targeting promoting public goods like human rights as substances of law in society.While previous researches tended only to focus on the effectiveness of specific reparation programs, this paper suggests a theoretical framework that sheds light not only on specific reparation programs, but also on institution-building initiatives such as justice sector reform to sustain reparation.

Based on this framework, the paper analyzes whether reparation combines both the narrow and broad aspects of the rule of law to address past human rights abuses and prevent future atrocities. Although Sierra Leoneʼs reparation program, started in 2008, has benefits for the rule of law by building institutions and promoting human rights norms in society, the analysis in this paper shows that institution building to support reparation is not progressing well enough and points out that Sierra Leone needs to address vulnerabilities in the rule of law in terms of it lacking effective justice mechanisms to support victims in the long run.

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© 2012 日本平和学会
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