司法能力構築に向けての移行期の正義の戦略的視点 : コソボにおける移行期の正義と司法改革の結節から <原著論文>

The UN Secretary General's Report on the Rule of Law and Transitional Justice in Conflict and Post-conflict Societies emphasized that transitional justice efforts should help to build national judicial capacities rather than be substitute for national judicial structures (United Nations, 2004). Nevertheless, the international community has been facing a difficulty on the ground that its transitional justice efforts, in many cases, have not led to national judicial capacity development. Also in Kosovo, despite the international community's supports for both transitional justice and judicial reform since late 1990's, the rule of law and justice is still considered as one of the most fragile sectors. This paper then examines why transitional justice efforts did not lead to judicial capacity development in Kosovo by focusing on the nexus between transitional justice and judicial reform. The first part of this paper goes through the concepts and the historical developments of transitional justice and judicial reform. It also analyzes how these two supports interrelate with each other. The second part sees transitional justice efforts and judicial reform implemented by the international community in Kosovo, and then discusses problems in tems of judicial capacity development. Finally, this paper concludes with policy implications of the case of Kosovo for transitional justice.