Trials for Timor: Dispensing Transitional Justice in Indonesian Courtrooms Instead of International Tribunals

Abstract

Atrocities committed by the Indonesian military in East Timor pose a quandary for human rights advocates and transitional justice advocates both in Indonesia and the international community. In this paper, I argue that a domestic Indonesian court, rather than an international tribunal, best serves the interests of justice and of democratization. A careful analysis of Indonesia's political actors, comparative studies in transitional justice, and the structural impact of trials on emerging democ­racies reveals that a strong domestic court - backed by interna­ tional influence - best consolidates rule of law. Furthermore, a successful locally-driven Indonesian initiative to try war crimi­nals will shift the regional Asian debate over human rights. The debate over how to confront state crimes of the old authoritar­ian regime in Jakarta has substantial bearing on the emerging comparative literature in democratization, transitional justice, and international human rights regimes.