ABSTRACT

In any transitional justice, the composition of judicial personnel reflects the perception of a country or the international community as to how the trials should run. In contrast to the Timorese Serious Crimes Programme, the Ad Hoc Tribunal in Jakarta had the completely opposite arrangement. Transitional justice started as a temporary mechanism to respond to large-scale violations of human rights, primarily aimed at addressing the need for establishing justice and rule of law in post-conflict situations. The first generation of transitional justice was launched by international military tribunals to hold trials of German and Japanese political and military leaders for their war crimes committed during World War II. A second generation of transitional justice was constituted by the United Nations when the Security Council established the International Criminal Tribunal for former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR). The third generation of transitional justice activities advocated a significant role in establishing linkage between truth and reconciliation.