Transitional justice in settled democracies: Northern Ireland and the Basque Country in comparative perspective

2017 ◽  
Vol 10 (3) ◽  
pp. 542-561 ◽  
Author(s):  
Amaia Alvarez Berastegi
2012 ◽  
Vol 12 (3) ◽  
pp. 549-572 ◽  
Author(s):  
David O’Mahony

This article examines the incorporation of restorative principles and practices within reforms of Northern Ireland’s youth justice system, adopted following the peace process. It considers whether restorative justice principles can be successfully incorporated into criminal justice reform as part of a process of transitional justice. The article argues that restorative justice principles, when brought within criminal justice, can contribute to the broader process of transitional justice and peace building, particularly in societies where the police and criminal justice system have been entwined in the conflict. In these contexts restorative justice within criminal justice can help civil society to take a stake in the administration and delivery of criminal justice, it can help break down hostility and animosity towards criminal justice and contribute to the development of social justice and civic agency, so enabling civil society to move forward in a transitional environment.


Author(s):  
Kevin Hearty

Viewing Irish republican policing memory primarily through a transitional justice lens, this chapter critically examines how Irish republicans, as a principal party to the conflict, approach the difficult issue of ‘dealing with the past’ as both collective victims and perpetrators of human rights violations during the conflict. It will interrogate the range of divergent views within modern Irish republicanism on issues such as victimhood, truth recovery, ‘moving on’ and ‘dealing with the past’. In particular, it looks at how the memory of human rights violations framed the wider policing debate and led to a master narrative of ‘never again’ whereby the value of ‘remembering’ past abuses lay in helping to prevent future repetition. This is placed against a more general backdrop of the stop-start ‘dealing with the past’ process in the North of Ireland that has included the establishment, operation and subsequent replacement of the Historical Enquiries Team (HET), the passage of the Civil Service (Special Advisers) Act (Northern Ireland), and proposals like the Haass/O’Sullivan document and the Stormont House Agreement.


2020 ◽  
pp. 175069802092145
Author(s):  
Joseph S Robinson

A large body of literature assumes post-conflict societies can and should mediate public memory towards frames conducive to a reconciled future. However, this article argues that such a drive marginalises survivors of political violence who narrate the past as still-present wounds. The linear temporality of transitional justice presumes an idealised trajectory through time, away from violence and towards reconciliation. However, this idealised temporality renders anachronistic survivors who depend on the prolongation of traumatic pasts for the possibility of political change. Using the case of former Ulster Defence Regiment in Northern Ireland, this article examines this prolongation through the lens of Ulster Defence Regiment survivors’ resistant place-memory along the Southwest run of the Irish border. Through the performative retemporalisation of everyday places and landscapes, survivors demand that their resistant memories and narrative frames of past violence still belong and still have active political resonance in transitional political space.


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