移行期の正義における損害回復と制度構築の相互依存性 : モロッコの事例より <原著論文>
JIDC_19-3_99.pdf 1.1 MB
Interdependency between Reparation and Institution Building in Transitional Justice : In the case of Morocco <Article>
This paper discusses the interdependency between reparation and institution building in transitional justice in Morocco. The paper considers how reparation, in interacting with institution building, contributes to building social structure which prevents societies from future human rights abuses in the conceptual framework of the Rule of Law through the case of Morocco.
The paper argues that reparation and institution building contribute to (re) building the rule of law. The concept of the rule of law, in this paper, is defined in two ways: broad sense, which means public goods like human rights as substances of law in society, and narrow sense, which means specific procedures or institutions of law in society. The paper defines that reparation can consolidate the broad sense of the rule of law through (1) improving accountability and (2) (re) building trust between States and citizens. On the other hand, institution building can consolidate the narrow sense of the rule of law through (1) renovating procedures of law and (2) (re) building social apparatuses. Both mechanisms of transitional justice have an interdependent relationship to build the rule of law.
Based on this theoretical framework, the paper analyzes how reparation and institution building have constituted the interdependency in transitional justice in Morocco. The paper finds that "best practice" of reparation in Morocco has been affected by the vulnerabilities of institution building under the rule of law scheme. The paper argues that Morocco, in order to prevent future human rights abuses, needs to build amicable relationship between reparation and institution building to maximize the benefits from transitional justice