Transitional Justice without Transition

2020 ◽  
pp. 397-446
Author(s):  
Beth Van Schaack
Keyword(s):  
Transitional Justice ◽  
Institutional Reform ◽  
International Community ◽  
Political Transition ◽  
Truth Commissions ◽  
Truth Telling ◽  
Historical Case ◽  
Reconstruction Process ◽  
History Of ◽  
Justice Process

The penultimate chapter offers a discussion of the prospects for a genuine transitional justice process in Syria. Chapter 10 begins with a short history of the development of the archetypal tools within the transitional justice toolkit—criminal accountability, truth commissions, reparations, amnesties, lustration, institutional reform, and guarantees of nonrecurrence—and the way in which transitional justice efforts have become increasingly internationalized. This enhanced involvement of the international community in promoting transitional justice reflects the belief—premised on historical case studies and emerging empirical research—that societies in transition must address the crimes of the past in some capacity or risk their repetition. The chapter surveys the most recent research testing these claims, which has benefited from the creation of a number of new databases gleaned from states in transition. The chapter then describes ways in which the international community has tried to prepare for a future transitional justice process in Syria even in the absence of a political transition, including by training Syrian advocates, surveying Syrian communities to understand their knowledge of transitional justice and preferences for Syria, promoting psychosocial rehabilitation and solidarity among victims, and preparing for truth-telling exercises and institutional reform measures. The conclusion suggests ways in which the international community could still promote some form of transitional justice as part of the reconstruction process, even if Assad remains in power, which seems increasingly likely.

Commissioning Truth and Reconciliation

2020 ◽  
pp. 109-131
Author(s):  
Claire Whitlinger
Keyword(s):  
South African ◽  
Transitional Justice ◽  
The United States ◽  
Project Planning ◽  
Truth And Reconciliation Commission ◽  
Truth Commissions ◽  
Truth Commission ◽  
Truth And Reconciliation ◽  
History Of ◽  
Social Scientific

This chapter explores the relationship between the 2004 commemoration in Philadelphia, Mississippi and the Mississippi Truth Project, a state-wide project initially modelled after South Africa’s post-apartheid Truth and Reconciliation Commission. After reviewing the history of transitional justice efforts in the United States and the social scientific literature on how civil society-based truth commissions emerge, the chapter demonstrates how the 2004 commemoration and subsequent trial of Edgar Ray Killen precipitated the formation of a state-wide truth commission when previous efforts had failed. In short, this research finds that the commemoration mobilized mnemonic activists; concentrated local, state, and global resources; broadened political opportunity; and shifted the political culture of the state. Despite these developments—and years of project planning—the Mississippi Truth Project changed course in 2009, abandoning a South African-style truth commission in favour of grassroots memory projects and oral history collection. The chapter thus sheds lights on the possibilities and perils of pursuing non-state truth commissions.

Measuring the impact of punishment and forgiveness: a framework for evaluating transitional justice

2006 ◽  
Vol 88 (861) ◽  
pp. 19-47 ◽  
Author(s):  
Pierre Hazan
Keyword(s):  
Human Rights ◽  
Cold War ◽  
Transitional Justice ◽  
International Criminal ◽  
International Community ◽  
Truth Commissions ◽  
Human Rights Violations ◽  
Post Cold War ◽  
International Criminal Tribunals ◽  
The Impact

Truth commissions, international criminal tribunals, reparations, public apologies and other mechanisms of transitional justice are the new mantras of the post-cold-war era. Their purpose is to foster reconciliation in societies that have experienced widespread human-rights violations and to promote reform and democracy, the ultimate aim being to defuse tension. But to what degree are these mechanisms, which are financially and politically supported by the international community and NGOs, truly effective? Very little, in fact, is known about their impact. By examining the underlying hypotheses and workings of transitional justice and proposing a series of indicators to evaluate its results, this article helps to fill the gap.

scholarly journals The Issue of Education in Post-Conflict Reconstruction through the Transitional Justice Process: The Case of Côte D’Ivoire

2020 ◽  
Vol 3 (4) ◽  
pp. p141
Author(s):  
ASSAMOI Seraphim Desire
Keyword(s):  
Cote D'ivoire ◽  
Transitional Justice ◽  
Côte D’Ivoire ◽  
Cote D’Ivoire ◽  
Reconstruction Process ◽  
National Education ◽  
Post Conflict ◽  
Côte D'ivoire ◽  
Justice Process ◽  
The Impact

The inclusion of education in post-conflict reconstruction in a transitional justice process goes far beyond physical construction and educational facilities to become part of national educational planning and policy. The issue of education in post-conflict periods is at the level of the national education system in general and of educational policies and strategies in particular. In Côte d’Ivoire, as in other countries emerging from violent conflict, even if the issue of education can be identified in the structural and direct causes of the occurrence of conflicts, it must be recognized that the impact of these conflicts on education remains considerable at different levels. Thus, taking account of its consequences in post-conflict reconstruction in the context of transitional justice is of great interest both for its contribution to economic growth and for the promotion of fundamental human rights and social cohesion. A full involvement of education in the transitional justice process is a real potential for mutual reinforcement in the reconstruction process. Practical synergies between education and transitional justice call for closer collaboration between education and transitional justice actors.

scholarly journals Transitional Justice in South Africa and Brazil: Introducing a Gendered Approach to Reconciliation

2019 ◽  
Vol 6 (2) ◽  
pp. 82-107
Author(s):  
G. Nelaeva ◽  
N. Sidorova
Keyword(s):  
South Africa ◽  
Transitional Justice ◽  
Truth Commissions ◽  
General Question ◽  
Truth Telling ◽  
South African Society ◽  
Representation Of Women ◽  
The Past ◽  
Formal Procedure ◽  
Post War

The concept of transitional justice has been associated with the periods of political change when a country emerges from a war or turmoil and attempts to address the wrongdoings of the past. Among various instruments of transitional justice, truth commissions stand out as an example of a non-judicial form of addressing the crimes of the past. While their setup and operation can be criticized on different grounds, including excessive politization of hearings and the virtual impossibility of meaningfully assessing their impact, it has been widely acknowledged in the literature that the Truth and Reconciliation Commission in South Africa can be regarded as a success story due to its relatively strong mandate and widespread coverage and resonance it had in South African society. We would like to compare this commission from the 1990s with a more recent example, the Brazilian National Truth Commission, so as to be able to address the question of incorporation of gendered aspects in transitional justice (including examination of sexual violence cases, representation of women in truth-telling bodies, etc.), since gender often remains an overlooked and silenced aspect in such initiatives. Gendered narratives of transitional justice often do not fit into the wider narratives of post-war reconciliation. A more general question addressed in this research is whether the lack of formal procedure in truth commissions facilitates or hinders examination of sexual crimes in transitional settings.

In Pursuit of Policies of ‘Reconciliation’ from an Intransigent State: An Exercise in Folly?

2020 ◽  
Author(s):  
Shari Eppel
Keyword(s):  
Transitional Justice ◽  
State Violence ◽  
National Unity ◽  
Truth Telling ◽  
Reconciliation Commission ◽  
The Past ◽  
Power Base ◽  
History Of ◽  
Causes Of Violence ◽  
Peace And Reconciliation

Zimbabwe has had only one real transition of power, at independence in 1980. Since then, Zimbabwe has had a long history of (selectively) drawing lines through the past and of extreme political intolerance. The ruling party ZANU-PF has acted ruthlessly against any political opposition—first in the 1980s, when many thousands of civilians in the west of the country were massacred during the deployment of a special brigade, targeted at the support base of ZAPU, then the dominant political party in that region. Systematic repression and torture in this region led to the first semi-transition in 1987, with the Unity Accord. The uneasy peace was broken again in 2000, with the rise of the MDC, and once more violence was unleashed to ensure ZANU-PF retained its increasingly militarized power base. A government of national unity and a coup marked further semi-transitions. These multiple eras of state violence and semi-transitions have all been accompanied by calls for initiatives to promote ‘peace’ and ‘reconciliation’ as well as justice but official truth telling has proved elusive. However, the semi-transition resulting from the coup of November 2017 may have shifted the space to talk about the past: the constitutionally mandated National Peace and Reconciliation Commission finally achieved legislative backing in 2018, and may offer opportunities for transitional justice initiatives. Importantly, the underlying structural causes of violence and repression, dating back to colonial times, need to be addressed. Truth telling alone will not ensure a more tolerant future.

Why Political Appointments to Truth Commissions Cause Difficulties for these Institutions: Using the Crisis in the Transitional Justice Process in Nepal to Understand How Matters of Legitimacy and Credibility Undermine Such Commissions

2020 ◽  
Vol 12 (2) ◽  
pp. 444-470
Author(s):  
Jeremy Sarkin ◽  
Ram Kumar Bhandari
Keyword(s):  
Transitional Justice ◽  
International Standards ◽  
Truth Commissions ◽  
Moral Integrity ◽  
Divided Societies ◽  
The Past ◽  
Post Conflict ◽  
The World ◽  
Justice Process ◽  
Political Appointments

Abstract Over five decades and with dozens of examples of truth commissions to look back on, an undeniable aspect of their legacy is that the world has become far more focused on dealing with the past and uncovering the truth about past atrocities. While there is typically a focus in the literature on the more widely publicized and famous truth commissions, scores of other processes have taken place, especially since the 1990s. Post-conflict or divided societies have designed institutions in ways that achieve specific objectives but at the same time conform to international standards, creating a reputation of being both democratic and accountable. Using the prism of Nepal, this article examines why the process to establish transitional justice mechanisms, and specifically truth commissions, needs to be legitimate and credible for them to be effective and be impactful. It specifically examines issues relating to appointments to such institutions and why such appointments need to be done independently and not overtly politically. It scrutinizes why appointment mechanisms and processes are so important to enhancing the legitimacy and independence of such bodies. The case of Nepal is used as an example to extrapolate conclusions about the problems that affected its processes, and the various crises that have emerged in those processes. The article argues that commissioners ought to be chosen on the basis of their impartiality, moral integrity, and known commitment to human rights and disclosure of the truth. This is essential to ensure that the process is seen to be independent and credible.

Temporal Patterns in Latin American Truth Commission Recommendation Formulation and Implementation

2021 ◽  
pp. 1-34
Author(s):  
Eric Wiebelhaus-Brahm ◽  
Dylan Wright
Keyword(s):  
Human Rights ◽  
Latin American ◽  
Transitional Justice ◽  
Original Data ◽  
Political Transition ◽  
Truth Commissions ◽  
Truth Commission ◽  
Commission Recommendation ◽  
Latin American Countries ◽  
Global Initiatives

Abstract Remarkably little attention has focused on the formulation and implementation of truth commission (tc) recommendations. We use Skaar et al.’s original data on approximately 1000 recommendations produced by 13 truth commissions established in 11 Latin American countries between 1983 and 2014 to examine how recommendations and government responses to them have evolved over nearly 40 years. Truth commissions appear to be regularly influenced by major global transitional justice and human rights developments as they formulate recommendations. They target specific marginalised identity groups in their recommendations, particularly after major global initiatives to recognise the rights of such groups. Yet, governments often forego implementing such recommendations. Recommendations also appear to be shaped by whether the commission was established right after a political transition. Post-transitional commissions, which come five or more years after transition, issue more recommendations dealing with reparations of all sorts. However, whether overwhelmed by the number of proposals or more immune to pressure to enact such measures, governments implement these recommendations less regularly. These commissions also do not invoke the importance of reconciliation as transitional commissions do.

scholarly journals The International Criminal Tribunal for the Former Yugoslavia: The Promise and Reality of Reconciliation in Croatia

2009 ◽  
Author(s):  
Sara Parker
Keyword(s):  
Transitional Justice ◽  
Large Scale ◽  
International Criminal ◽  
Local Level ◽  
International Criminal Tribunal ◽  
International Community ◽  
Former Yugoslavia ◽  
Truth Commissions ◽  
Post Conflict ◽  
State And Local

The international community is increasingly interested in promoting post-conflict reconciliation in a variety of forms, with trials and truth commissions featured most prominently. The contemporary academic discussion over transitional justice (and the practice of transitional justice itself) is largely focused on whether and how these types of large-scale national transitional justice mechanisms contribute to reconciliation. This article examines the promise and reality of the International Criminal Tribunal for the Former Yugoslavia (ICTY) to contribute to national reconciliation. Ultimately, the ability of state-wide policies to contribute to reconciliation rests on the active participation of local level actors. This requires political backing at the state and local level beyond that of just the international community. More attention needs to be paid to domestic cultural factors in the initial decision to implement state-wide transitional justice procedures, and bottom-up mechanisms must be built into any large scale approach to reconciliation.

Collaborative Truth-Telling

Andean Truths ◽  
2016 ◽  
pp. 134-162
Author(s):  
Anne Lambright
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
Knowledge Creation ◽  
Truth Telling ◽  
The Andes ◽  
Post Conflict ◽  
World Vision ◽  
Cultural Framework ◽  
Justice Process ◽  
Forms Of Knowledge

This section critically examines the work of artist-anthropologist Edilberto Jiménez, his drawings and retablos that portray the horrors experienced in the Ayacucho district of Chungui. By centering analysis of the conflict in the Andes and within an Andean cultural framework, these works challenge the terms of the dominant transitional justice process and highlight the victim-survivors’ stakes in post-conflict labors. They rely on and transmit Andean forms of knowledge and knowledge-creation and contain symbols and references not readily understandable to the non-Andean public, while still attempting to communicate with that public. Challenging dominant concepts of citizenship and belonging, reconciliation and healing, center and periphery, Jiménez privileges an Andean world vision, while acknowledging and strategically deploying certain key Western concepts (democracy, justice, and human rights), with an Andean twist.

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