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Australian Journal of Asian Law

Abstract from Volume 9 No 1 (2007)

Of Prosecutions and Amnesties: Does Fijiís Experience Suggest a Reconsideration?

Venkat Iyer, BSc (Hons), LLB, LLM, PhD, is a Barrister, Senior Lecturer in Law and Associate Researcher at the Transitional Justice Institute, University of Ulster at Jordanstown, United Kingdom.

This article examines the purpose and effectiveness of truth commissions from a Fijian perspective. The problems of dealing with past regimesí crimes, from the Nuremberg trials to the modern international criminal tribunals, have been a feature of the international system in the 20th century. This article argues against the universality of the pragmatist approach in dealing with past regime crimes. It contends that, in certain circumstances, the ideal option of prosecuting past crimes is feasible and practical in transitional societies. This article argues that Fiji is one such society. In doing so, the article examines the reconciliation and healing process in Fiji and its effectiveness.

(2007) 9(1) Asian Law 1-43

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