Abstract

Transitional justice consists of different ideals and practices that both coexist and conflict. This article investigates the socio-professional borderlands between punitive and non-punitive transitional justice initiatives by analyzing elites working in either international criminal courts, or truth and reconciliation commissions. While they were marginally linked, the professional practices of these elites were structured by their distinct positions in the larger market of transitional justice. Professionals of international criminal law were tied to international institutions from where they were often on the exporting side of particular internationalized, punitive norms and practices. In contrast, professionals involved with truth and reconciliation were closely connected to states that structured their import/export of internationalized, non-punitive initiatives. Punitive and non-punitive transitional justice was characterized not only by competing ideals and practices, but was embedded in distinct elites whose proximity to or distance from the state structured the circulation of transitional justice ideas and practices.

中文翻译：

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惩罚性与非惩罚性过渡时期司法之间的边界：杰出的精英和进出口方式的差异

摘要

过渡时期司法包括共存和冲突的不同理想和实践。本文通过分析在国际刑事法院或真相与和解委员会工作的精英，调查了惩罚性和非惩罚性过渡司法倡议之间的社会专业边界。虽然它们之间有微弱的联系，但这些精英的专业实践是由他们在更大的过渡司法市场中的独特地位构成的。国际刑法专业人士与国际机构联系在一起，在国际机构中，他们往往是特定国际化，惩罚性规范和惯例的输出方。相反，从事真相与和解的专业人员与构成国际化，国际化，非惩罚性举措。惩罚性和非惩罚性的过渡时期司法不仅以竞争的理想和实践为特征，而且还嵌入了不同的精英阶层，这些精英阶层与国家的接近或相距构成了过渡时期司法思想和实践的流通。