Title

Set the junta free : pre-transitional justice in Myanmar's democratization

Document Type

Journal article

Source Publication

Australian Journal of Political Science

Publication Date

1-1-2006

Volume

41

Issue

1

First Page

91

Last Page

105

Abstract

Myanmar is in political deadlock. In part, this is because the opposition has not confronted problems of transitional justice, notably how to deal with members of the military junta who have participated in gross human rights violations. There are therefore few incentives for the ruling generals to consider talking about change. To tackle this problem, the article develops a model of pre-transitional justice that is focused on the critical 'torturer problem'. It is also informed by recent developments in international criminal law, and by the spread of truth commissions and lustration systems. The integrated reconciliatory model that results is suitable for political negotiation, capable of generating discontinuities with an authoritarian past, and legally and technically feasible. Applying it to Myanmar, the article holds that qualified amnesty is necessary for political reform.

DOI

10.1080/10361140500507302

Print ISSN

10361146

E-ISSN

1363030X

Publisher Statement

Copyright © 2006 Routledge

Access to external full text or publisher's version may require subscription.

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Full-text Version

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Recommended Citation

David, R., & Holliday, I. (2006). Set the junta free: Pre-transitional justice in Myanmar's democratization. Australian Journal of Political Science, 41(1), 91-105. doi: 10.1080/10361140500507302