Anurag Devkota

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The Contribution of Judiciary to Transitional Justice following the 1996-2006 Conflict in Nepal (eBook, PDF)

Beschreibung

Master's Thesis from the year 2014 in the subject Law - Public Law / Miscellaneous, grade: A, Loyola University Chicago, language: English, abstract: As Nepal continues to debate how to deal with the legacy of the internal armed conflict of 1996-2006, the rule of law and transitional justice are of utmost importance in the current setting. This paper aims to find a possible solution to why it is critical that the judiciary is better engaged in Transitional Justice going forward. To that end, the paper explores the non-judicial mechanism as a failed idea in the context of Nepal, the significant impact and importance of the judiciary's involvement in Transitional Justice, the complementary roles judiciary could provide to the non-judicial mechanisms, and the possible pitfalls of the judiciary in Nepal. The paper analyzes the constructive role played by the judiciary of Nepal to date and the prospect of dealing with the crimes of the past in the future, as well as establishing prosecution as the best possible option for Nepal in the period of transition. The research methodology used is doctrinal, using the study of reports and scholarly articles as a major source of data collection. Various reports published by different Non-Governmental and Governmental organizations have been used for research purposes as well. Seeing as how the rule of law has been dismantled in this period of conflict, it can be established that judiciary has a better chance of re-establishing the rule of law in Nepal with a primary focus on access to justice through the prosecution. Uncovering the details of the past provides both a primer on what conditions permitted the violations of the rule of law in the past, and a deterrent to would-be human rights abusers of the future. Therefore, examining the crimes of the past via judiciary in the transitional justice scenario could help develop the institutional basis and the cultural norms to support the rule of law in Nepal. However, it is important to be cautious of the possible pitfalls of the judiciary in terms of dealing with the prosecution and its implementation.

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Autor

Anurag Devkota holds an LL.M. degree on Rule of Law for Development (PROLAW) from Loyola University Chicago as a Gates scholar under Bill and Melinda Gates Foundation. He has clerked for the District Court of Kathmandu under the supervision of honorable Judge Mr. Tek Narayan Kunwar. During his clerkship, he assisted in conducting various case law researches including drafting, proofreading and preparing summaries of judgments. In 2011, he began his career as a Program Officer in American Bar Association Rule of Law Initiative, Nepal Country Office. As a program officer, he has worked on the contemporary and emerging issues vis-à-vis human rights such as witness protection, combating human trafficking, forensic capacity building in the context of transitional justice and human rights accountability funded by U.S. Department of State's Bureau of Human Rights, Democracy and Labor, Office to Monitor and Combat Trafficking in Persons, and Humanity United. He has completed his internship at Human Rights Institute at International Bar Association's office in London. He is currently serving in the capacity of Program Coordinator at Law and Policy Forum for Social Justice (LAPSOJ) and faculty at Chakrawarti Habi Academy College of Law.

Produktdetails

• Verlag: GRIN Verlag
• Seitenzahl: 67
• Erscheinungstermin: 29. Juli 2019
• Englisch
• ISBN-13: 9783668989245
• Artikelnr.: 58610240