Confronting crimes of the past: Timor leste after 1999 - To punish or forgive?

Abstract

This thesis explores the post-conflict justice system of Timor Leste, formerly known as East Timor. Timora??s Serious Crimes Panels and Commission for Reception, Truth and Reconciliation, set up a unique two-track post-conflict justice system that simultaneously delivers both criminal justice and reconciliatory justice for crimes committed during Indonesiaa??s occupation of Timor Leste. Informed by the authora??s experiences as a legal intern with the Serious Crimes Panel and by interviews conducted with personnel at the Serious Crimes Panel, the Commission and ordinary Timorese, this thesis examines the rationale underlying Timor Lestea??s unique two-track justice system, in particular its differentiation between a??seriousa?? and a??non-seriousa?? offences. In doing so, this thesis examines how this two-track system has functioned and assesses whether it has achieved goals envisioned by the UN or Timorese. It addresses the constant underlying question of whether post-conflict justice decisions should lie with the post-conflict society itself or the international community.