Transitional Justice in Unified Korea

No one knows when Korean unification will take place. Experts predict that it will take decades, if not more, to overcome the huge economic, social, and political divide between the two Koreas. However, if and when unification occurs, transitional justice will be a crucial part of maintaining peace and stability on the Korean Peninsula. The authors of this book draw on real-world experience, comparative case studies, and theoretical knowledge to examine potential ways transitional justice might unfold. Although there are an overwhelming number of uncertainties, this book presents many of the factors that will be at play during the transition period. The authors find that, among other factors, social reconciliation, education, memorialization, and establishment of the rule of law will be a fundamental part of rebuilding society in a unified Korea.

Baek Buhm-Suk is Assistant Professor of Public International Law at Kyung Hee University, South Korea. He has also worked as a lecturer at the Seoul National University College of Law, South Korea, a research fellow at the Asan Institute for Policy Studies, South Korea, and a Visiting Research Fellow at Georgetown University Law Center, USA.

Ruti G. Teitel is the Ernst C. Stiefel Professor of Comparative Law at New York Law School, USA, and a Visiting Fellow at the London School of Economics, UK. She is the author of the landmark Transitional Justice (2000) and, most recently, Globalizing Transitional Justice ( 2014). She is founding co-chair of the American Society of International Law's Interest Group on Transitional Justice and Rule of Law, a life member of the Council on Foreign Relations, and serves on the Executive Committee of the International Studies Association Human Rights Section as well as on the ILA International Human Rights Committee.

Table of Contents
List of Illustrations
Preface; Hahm Chaibong
Introduction; Ruti G. Teitel
PART I: JUSTICE FOR ALL: PEACE AND RECONCILIATION IN UNIFIED KOREA
1. Transitional Justice in Post-Unification Korea: Challenges and Prospects; Baek Buhm-Suk, Lisa Collins, Kim Yuri
2. External Actors and Transitional Justice in a Reunified Korea; Andrew G. Reiter
3. Transitional Justice: Response to Human Rights Violations
by International Institutions; Muna B. Ndulo
PART II: DEALING WITH HUMAN RIGHTS ATROCITIES IN THE DPRK
4. Human Rights in North Korea: Addressing the Challenges; Roberta Cohen
5. Peace, Unity and Justice for All: Problems and Prospects of Transitional Justice in a Reunified Korea; Greg Scarlatoiu
6. A Brighter Light into the Darkness: Identifying Human Rights Violations and Sources of Information in the DPRK in the Era of the UN Commission of Inquiry; Rajiv Narayan
PART III: LEARNING FROM THE EXPERIENCES OF OTHER COUNTRIES
7. German Reunification and the Challenge of Transitional Justice; Constantin Goschler
8. Confronting North Korean Communist Abuses: Some Possible Markersl; Lavinia Stan
9. Beyond the Binary of Exogenous and Endogenous Transitions:
International Actors and Transitional Justice in Georgia; Anna Dolidz
10. A Comparative Study of Transitional Justice: Learning from the Experiences of African Countries; Mireille Affa'a-Mindzie
PART IV: TRANSITIONAL JUSTICE IN THE UNITED KOREA
11. Transitional Justice on the Korean Peninsula: Lessons from Cambodia; Frank Jannuzi
12. Transitional Justice in a Reunified Korea: Some Initial Observations; Cho Jung-hyun
13. Transitional Justice in North Korea Following a Change of Regime: An Exploration of Four Possible Scenarios; Andrew S. Natsios
Epilogue; Baek Buhm-Suk, Lisa Collins, Kim Yuri
Appendix: Asan Poll: Survey on South Korean Perceptions of Transitional Justice in Post-Unification Korea; The Asan Institute for Policy Studies
Contributor biographies
Bibliography
Index