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Janine Natalya Clark's Three Types Of Retributive Justice

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Introduction

Janine Natalya Clark names three types of justice that are used to resolve different situations: retributive justice, restorative justice and reconciliation. Clark argues that retributive justice, which focuses on punishing the perpetrator equal to their crime committed, is best suited for situations where a serious crime was committed such as war crimes or genocide. This strict response deters such crimes from happening again. Restorative justice, which focuses on restoring the relationship between the victim and perpetrator, is best suited for minor crimes since the repair work roughly equates to the alternative punishment including imprisonment or fines.

Reconciliation, which focuses on rebuilding the trust between …show more content…

The first component of Lederach’s reconciliation theory is truth, which is the need for an accurate understanding of the causes and effects of the conflict. Lederach says that this includes “a willingness to acknowledge and confront the past, to listen to different perspectives, and to uncover the underlying issues that have contributed to the conflict.” The second component is justice, which holds those responsible accountable for their actions. This can include retributive justice and/or restorative justice. Seeking justice allows people to address grievances fueled the conflict. The third component is mercy, which is offering forgiveness, seeking to move beyond blame and towards a shared future. The fourth and last component of reconciliation theory is peacebuilding, which is the ultimate goal of sustainable and just peace that addresses the underlying causes of the conflict and supports the well-being of those affected by the conflict. This means continued dialogue and willingness to work towards a shared future. This paper will explore the extent to which Jean Paul Lederach’s Reconciliation theory is applicable to Cambodia in regards to the damage by the Khmer …show more content…

Through their work, they have been able to hold several high-profile trials, such as the former head of the S-21 prison, Kaing Guek Eav, and senior Khmer Rouge leaders Nuon Chea and Khieu Samphan. These trials pave the way for reparations to be paid to support the victims and their families. Justice can also be seen from the landmark case in the US in 2021 when a US court sentenced a former Khmer Rouge official named Kiang Khek Iev to 30 years in prison for his crimes, making this the first case with US involvement against the

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