Do Truth Commissions Really Improve Democracy?

2021 ◽  
pp. 001041402110243
Author(s):  
Geoff Dancy ◽  
Oskar Timo Thoms
Keyword(s):  
Transitional Justice ◽  
Institutional Reform ◽  
Judicial Independence ◽  
Truth Commissions ◽  
Democratic Participation ◽  
Measurable Effect ◽  
Original Theory ◽  
Citizen Activism ◽  
Quantitative Analyses ◽  
Political Association

This article presents and tests an original theory that truth commissions (TCs) inspire democratic behaviors, but have little discernible impact on democratic institutions. Using quantitative analyses of countries undergoing transitions between 1970 and 2015, and accounting for endogeneity of TCs, we find that these temporary bodies are associated with greater democratic participation and state agent observance of physical integrity rights. However, they have no measurable effect on institutions like fair elections, rules regulating political association, liberal checks on the executive, or judicial independence. This contradicts a key argument in the transitional justice literature that TCs catalyze institutional reform through investigation and extensive recommendations. This article’s findings might encourage those who intend to use these bodies as a tool to promote citizen activism or police restraint. However, the findings might discourage those who hope TCs could jump-start judicial reforms or create a firewall against executive overreach.

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.

Classifying Countries within the Transitional Justice Typology

2017 ◽  
Author(s):  
Cynthia M. Horne
Keyword(s):  
Transitional Justice ◽  
Truth Commissions ◽  
Public Disclosure ◽  
Employment Change ◽  
The Czech Republic ◽  
File Access ◽  
Independent Variable ◽  
Public Disclosures

Chapter 2 explores each of the country cases in this project, namely the Czech Republic, Slovakia, Hungary, Poland, Romania, Bulgaria, Estonia, Latvia, Lithuania, Russia, Ukraine, and Albania. The chapter provides historical details of the transitional justice reforms in all twelve countries from 1989–2013, covering lustration, file access, public disclosures, and truth commissions. This material is then used to place each country case within the typology developed in Chapter 1, according to whether the measures were expansive and included compulsory employment change, limited and included largely voluntary employment change, informal and largely symbolic, or actively rejected. The chapter provides variable conceptualization and operationalization specifics to be used in the subsequent statistical analyses, including three different lustration variables, a truth commission variable, and timing of reform variables. It provides qualitative, comparative historical details to justify the classification of countries according to the primary independent variable, namely lustration and public disclosure programs.

The Limits of Observation for Understanding Mass Violence

2015 ◽  
Vol 30 (02) ◽  
pp. 237-257 ◽  
Author(s):  
Megan Price ◽  
Patrick Ball
Keyword(s):  
Empirical Evidence ◽  
Statistical Methods ◽  
Transitional Justice ◽  
Historical Memory ◽  
Legal Responsibility ◽  
Mass Violence ◽  
Different Types ◽  
Observable Data ◽  
Quantitative Analyses

Abstract Quantitative analyses have the potential to contribute to transitional justice mechanisms, via empirical evidence supporting the memory of victims, allocating proportional responsibility among perpetrators, determining legal responsibility, and supporting historical memory and clarity. However, most data available in transitional justice settings are incomplete. Conducting quantitative analyses relying solely on what is observable and knowable leads to not only incomplete but often incorrect analytical results. This can harm rather than contribute to transitional justice mechanisms. This article outlines different types of data, the ways in which observable data, on their own, are insufficient for most quantitative analyses of interest, presents these limitations via a case study from Syria, and introduces statistical methods to overcome these limitations.

Many Doors to International Criminal Justice

2020 ◽  
Vol 23 (1) ◽  
pp. 1-26
Author(s):  
John Braithwaite
Keyword(s):  
World War Ii ◽  
Transitional Justice ◽  
International Criminal ◽  
War Crimes ◽  
Criminal Court ◽  
International Criminal Law ◽  
Truth Commissions ◽  
Survivor Guilt ◽  
Truth And Reconciliation ◽  
Complex Sequences

Responsibilities to protect and prevent elite crimes are best energized by enforcement that walks through many doors. Effective deterrence is rarely delivered by the International Criminal Court. Yet deterrence is possible when it patiently cumulates through many doors. Likewise truth, justice, and reconciliation can achieve little through one door and much through many. Opening more doors to the complexly cross-cutting character of survivor guilt with mass atrocities can better open possibilities for future prevention and reconciliation than simply doors to courtrooms that find a criminal on one side of complex sequences of atrocity. The Nuremberg and Tokyo War Crimes Trials opened quickly after World War II. They did not prove to hold keys to truth and reconciliation for Germany until the Eichmann trial finished in Jerusalem in 1962. Why? Still today, non-confession by the U.S. to Hiroshima/Nagasaki as war crimes has meant truncated Japanese reconciliation. Different kinds of doors are needed with crimes like the Dresden and Tokyo fire bombing, the rape of Nanjing and the “comfort women” issue. These have included citizens tribunals, truth commissions, and indigenous justice in cases like Bougainville that rejected the truth commission model. When we reflect upon door diversity, transitional justice turns out not to be very focused on justice or international criminal law, and not to be at all transitional, but rather a maze of doors to justice of diverse kinds that open or close across the longue durée (as developed in the work of Susanne Karstedt).1

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.

Justice After Atrocity

2020 ◽  
Author(s):  
Richard Ashby Wilson
Keyword(s):  
Transitional Justice ◽  
International Criminal ◽  
Local Communities ◽  
Truth Commissions ◽  
Crimes Against Humanity ◽  
Criminal Courts ◽  
National Politics ◽  
Legal Remedy ◽  
Complex Process ◽  
Mediation Processes

Anthropologists have been critical of the global asymmetries of knowledge and power embedded in justice institutions established in the aftermath of violence. Truth commissions and mediation processes may be coopted by states seeking to nation-build and extend their coercive and normative capacity in local communities. International criminal courts may impose an alien version of justice that disrupts national politics and a peace process, and they often misapprehend the causes of mass crimes because they employ a form of legal inquiry that is far removed from local historical contexts. Litigation against companies for complicity in crimes against humanity may raise survivors’ expectations, only to dash them when states refuse to recognize universal jurisdiction. Even when legal recourse is not successful, new social movements focused on accountability, reparations, and legal remedy can emerge that engender new forms of sociality and political subjectivity. Anthropological investigations into transitional justice reveal a complex process in which survivors can recover an emancipatory political agency, and anthropologists testifying as experts often influence outcomes more than anticipated.

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