Breaking the Transitional Justice Machine: Exploring Spatiality, Space Travel, and Inbetween Spaces in Research Practice

Author(s):  
Arnaud Kurze ◽  
Christopher K. Lamont

Abstract This article offers a critical perspective on emerging and alternative spaces for emancipation within transitional justice studies. Taking into account recent critical literature and postcolonial interventions in transitional justice studies, we argue that barriers to moving our understanding of transitional justice forward are both conceptual and methodological. Conceptual hurdles are visible through narrow justice demands often limited to the context of post-conflict and post-authoritarian settings, thus normalizing injustice in liberal democratic and postcolonial contexts. Methodological impediments exist because transitional justice scholarship operates at a positivist level, or trying to explain certain, and desired, outcomes rather than destabilizing and unsettling unequal power relations. As a result, research practice in the field reflects the perspectives and preferences of elites in transition societies through a legal-technical mechanistic imagining of transitional justice that we refer to as the transitional justice machine. We argue that the needs and voices of marginalized social actors, particularly within states that are largely defined as liberal democratic or postcolonial, have long been ignored due to these practices. Against the backdrop of evolving agency patterns, including widespread global protest and demands to deal with the past across countries, we zoom in on a variety of actors who, until now, have not been at the focus of transitional justice studies. Drawing on a variety of case studies, this article contributes to the critical understanding of transitional justice studies as a Bourdieusian field. First, by expanding the conceptual lens to include racial, socio-economic, and postcolonial injustice, and, second, by advancing a more critical methodological approach that puts at its center unequal power relationships.

2020 ◽  
Vol 6 (2) ◽  
pp. 205630512092478
Author(s):  
Juma Kasadha

This research examines the use of information and communication technologies (ICTs; social media) as a tool that fosters community building and reconciliation in post-conflict regions, in particular Northern Uganda. Using Twitter data collected over 27 months (12 June 2016–9 September 2018), we found that information technology (IT) increased social actors’ (Justice and Reconciliation Project [JRP]-Uganda) advocacy for transitional justice in post-conflict communities. Interview findings evidenced the effectiveness of using social media (SM) to connect post-conflict communities to share and discuss reconciliatory ideas. This study connotes that well-thought-out SM use by social actors to share information used in resolving conflict results in socio-political stability and harmonious coexistence.


2018 ◽  
Vol 26 (2) ◽  
pp. 205-226
Author(s):  
Bonolo Ramadi Dinokopila ◽  
Rhoda Igweta Murangiri

This article examines the transformation of the Kenya National Commission on Human Rights (KNCHR) and discusses the implications of such transformation on the promotion and protection of human rights in Kenya. The article is an exposition of the powers of the Commission and their importance to the realisation of the Bill of Rights under the 2010 Kenyan Constitution. This is done from a normative and institutional perspective with particular emphasis on the extent to which the UN Principles Relating to the Status of National Institutions for the promotion and protection of human rights (the Paris Principles, 1993) have been complied with. The article highlights the role of national human rights commissions in transformative and/or transitional justice in post-conflict Kenya. It also explores the possible complementary relationship(s) between the KNCHR and other Article 59 Commissions for the better enforcement of the bill of rights.


Land ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 139
Author(s):  
Clarissa Augustinus ◽  
Ombretta Tempra

According to the United Nations (UN) Refugee Agency, there were 79.5 million forcibly displaced people worldwide by the end of 2019. Evictions from homes and land are often linked to protracted violent conflict. Land administration (LA) can be a small part of UN peace-building programs addressing these conflicts. Through the lens of the UN and seven country cases, the problem being addressed is: what are the key features of fit-for-purpose land administration (FFP LA) in violent conflict contexts? FFP LA involves the same LA elements found in conventional LA and FFP LA, and LA in post conflict contexts, as it supports peace building and conflict resolution. However, in the contexts being examined, FFP LA also has novel features as well, such as extra-legal transitional justice mechanisms to protect people and their land rights and to address historical injustices and the politics of exclusion that are the root causes of conflict. In addition, there are land governance and power relations’ implications, as FFP LA is part of larger UN peace-building programs. This impacts the FFP LA design. The cases discussed are from Darfur/Sudan, Democratic Republic of Congo, Honduras, Iraq, Jubaland/Somalia, Peru and South Sudan.


2011 ◽  
Vol 11 (2) ◽  
pp. 241-261 ◽  
Author(s):  
Janine Natalya Clark

AbstractMuch of the literature on transitional justice suffers from a critical impact gap, which scholars are only now beginning to address. One particular manifestation of this aforementioned gap, and one which forms the particular focus of this article, is the frequently-cited yet empirically under-researched claim that "truth" fosters post-conflict reconciliation. Theoretically and empirically critiquing this argument, this article both questions the comprehensiveness of truth established through criminal trials and truth and reconciliation commissions (TRCs) and underscores the often overlooked problem of denial, thus raising fundamental questions about the reputed healing properties of truth in such contexts. Advocating the case for evidence-based transitional justice, it reflects upon empirical research on South Africa's TRC and the author's own work on the International Criminal Tribunal for the former Yugoslavia (ICTY).


2010 ◽  
Vol 10 (2) ◽  
pp. 143-180
Author(s):  
Bronik Matwijkiw ◽  
Anja Matwijkiw

AbstractIn this article, the two authors examine the leap from business management to contemporary international law in the context of stakeholder theory. Because stakeholder theory was developed for business management, they provide a thorough account of the original framework. Furthermore, to illustrate the theory's application as a recently adopted parameter for the United Nations, they use former Secretary-General Kofi Atta Annan's 2004-report to the Security Council, "The Rule of Law and Transitional Justice in Conflict and Post-Conflict Societies". Proceeding on the hypothesis that while all premises ultimately match traditional positions in general jurisprudence, it appears that stakeholder theory nevertheless forces the United Nations to take sides in an unprecedented manner, especially pertaining to rights-typology and the credentials-checking for this. Finally, some of the most important implications are distilled as part of an attempt to formulate a few recommendations for United Nations justice managers and administrators.


2012 ◽  
Vol 20 (5) ◽  
pp. 888-895 ◽  
Author(s):  
Sebastião Caldeira ◽  
Miriam Aparecida Barbosa Merighi ◽  
Luz Angelica Muñoz ◽  
Maria Cristina Pinto de Jesus ◽  
Selisvane Ribeiro da Fonseca Domingos ◽  
...  

OBJECTIVE: To understand how nurses see care delivery to elderly women. METHODS: In this phenomenological study, ten nurses working at Primary Health Care Units were interviewed between September 2010 and January 2011. RESULTS: In care delivery, nurses consider the elderly women's knowledge background and biographical situation, and also value the family's participation as a care mediator. These professionals have the acuity to capture these women's specific demands, but face difficulties to deliver care to these clients. Nurses expect to deliver qualified care to these women. CONCLUSION: The theoretical and methodological approach of social phenomenology permitted revealing that the nurse designs qualified care to elderly women, considering the possibilities in the context. This includes the participation of different social actors and health sectors, assuming collective efforts in action strategies and professional training, in line with the particularities and care needs of elderly women nurses identify.


2018 ◽  
Vol 16 (3) ◽  
pp. 287-304
Author(s):  
Kirsten J Fisher

While there is an acknowledged overlap of transitional justice and jus post bellum, there has been no real attention to delineating a clear relationship between the two or addressing the significant differences regarding aims, scope and audience. These differences must be acknowledged and a clear relationship between the two fields needs to be demarcated for both intellectual clarity and practical reasons. It seems right to question not only where these fields of inquiry fall in relation to each other but how the two can co-exist and inform each other in a meaningful way that works to the benefit of victims of conflict and mass atrocity. Done correctly, this overlap can be ushered into a coherent research agenda where the two perspectives can be brought together in a careful and concise manner. This article aims to start to address this gap.


2012 ◽  
Vol 12 (3) ◽  
pp. 339-360 ◽  
Author(s):  
Kerry Clamp ◽  
Jonathan Doak

This article considers the applicability of restorative justice literature in the transitional justice arena. The authors argue that while restorative justice is applied to a wide range of conflicts, the established literature is often of limited value within a transitional context. Insufficient attention is often paid to the inherent difficulties in importing theories, concepts and practices designed for the context of ‘settled’ societies into post-conflict environments. Significantly more consideration needs to be given to the practical operation of transitional justice mechanisms, as well as their underlying normative bases, so that they might live up to the claims of many commentators that transitional justice is ‘restorative’.


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