Fighting Fire with Fire

2016 ◽  
Vol 2 (1) ◽  
pp. 125-141 ◽  
Author(s):  
Ciara O'Loughlin

Recent decades have seen an explosion of interest in transitional justice. Although much attention has been directed toward measuring the effects of transitional justice mechanisms, discussion of the motivations for and manifestations of resistance to transitional justice processes has been limited. Th is article contributes to this underexamined area through an analysis of the nature of resistance to transitional justice in Bahrain following the February 2011 uprisings. It identifies existing explanations for resistance to and engagement with transitional justice before considering whether Mitchell Dean’s analytics of government approach—with its emphasis on identifying discrepancies between actors’ declared and actual intentions—assists in revealing less obvious manifestations of resistance, such as those seen in Bahrain. It is suggested that adopting the institutional manifestations of transitional justice may, paradoxically, be understood as a strategy for resisting popular demands for accountability and political transformation—the very notions at the core of any transition.

2017 ◽  
Vol 14 (1) ◽  
Author(s):  
Hakeem O. Yusuf

AbstractThe core of the argument of this article is that the integration of Islamic notions of justice into transitional justice mechanisms in the MENA makes for a more viable and sustainable transitional justice process in the region. This would mean a critical cultural value in the MENA is given a place in dealing with the past and mapping out a sustainable future in the region. The argument here is premised on the logic that a social transformation-focused enterprise like transitional justice ought to engage with Islam for sustainable outcomes in societies in the MENA where Islam is very influential. Given the significant role and influence of Islam on cultural, socio-political and legal institutions in the MENA, a process of transitional justice that takes account of Islamic values and practices is important for negotiating justice and institutionalising reforms in societies in the region.


Author(s):  
Mateusz Grabarczyk

Pigs, a 1992 movie directed by Władysław Pasikowski, has become an iconic picture over the years, growing into a source of quotes and becoming a cult classic. The film, while remaining commercially attractive, outlines many problems within transitional justice and opens a discussion regarding the vetting of the SB officers carried out at that time, including the selected model. The plot of the film takes place in 1990, the period of political transformation in Poland after the fall of communism. Before the purely sensational action comes to the fore, the movie is largely about a reform of the MSW and the SB, about vetting of its officers and their fate while trying to find themselves in the new reality. It also shows that it is remarkably difficult to carry out reforms simultaneously in many fields: political, economic and social, and that it may be the source of a crisis. The aim of this article is to present Pasikowski’s Pigs as a film that demonstrates the practical issues related to one of the mechanisms used in the framework of transitional justice, namely the vetting process. The movie as an artistic representation of individuals subjected to vetting opens discourse on transitional justice and the problem of dealing with undemocratic system. The paper concentrates on a general outline of the movie, paying attention to the vetting committees and their function within the framework of transitional justice. While presenting the normative model of officers’ vetting and juxtaposing it with the image shown in the film, the author displays basic moral and social problems related to the vetting.


Author(s):  
Ela Rossmiller

How and why have Polish state institutions constructed an official public memory of martial law (1981–1983) despite plural interpretations and growing apathy and amnesia in the broader society? Between 1992 and 2018, parliament passed eight commemorative resolutions endorsing a single interpretation of martial law as treason. This political consensus is surprising given not only the lack of social consensus but also the political polarization that existed between and among post-communist and post-Solidarity parties. Drawing on LaClau and Mouffe’s discourse theory as well as Brian Grodsky’s theory of transitional justice measures as political goods, this article analyzes the official discourse of martial law as articulated in commemorative resolutions, transcripts of parliamentary deliberations, parliamentary journals, court rulings, and reports of committees, subcommittees, special commissions, and governmental offices. It considers how this discourse has been deployed to legitimate the ruling elite, attack political rivals, and justify controversial initiatives, policies, and reforms. It contributes to the literature on the politics of memory during times of political transformation by examining a case of surprising stability despite factors that would seem to favor change over time.


Author(s):  
Thomas DeGeorges

In Chapter 7, Thomas DeGeorges argues that martyrdom has played an important role in the transitional justice processes both before and after the Arab Spring of Algeria, Tunisia, and Morocco. While martyrdom and transitional justice are not traditionally associated with one another, he makes the case that martyrs involve people who are victims of what may be framed as political violence, whether committed by state security forces or unknown perpetrators. In this context, martyrs may be understood in the frame of victims addressed by transitional justice, but also as icons for social or political transformation. Broadly speaking, claims regarding martyrdom were important in these countries insofar as martyrs were held up as symbols for whom reform must be pursued.


2009 ◽  
Vol 47 (4) ◽  
pp. 507-528 ◽  
Author(s):  
Bert Ingelaere

ABSTRACTThe modernised tradition of the Gacaca courts has become the key mechanism for dealing with the past in Rwanda. The process needs to establish accountability for all acts of genocide and to foster reconciliation. Nevertheless, popular narratives and survey results reveal that a widespread ‘crisis’ accompanied the initial stages of the Gacaca process. We argue that a problematic quest for the truth is short-circuiting reconciliation in post-genocide Rwanda. Truth-telling is the cornerstone of the transitional justice framework due to the design of the Gacaca tribunals. On the basis of twenty months of fieldwork in Rwandan villages, we locate tensions at different levels. The Gacaca system is a distinctively modern phenomenon despite its traditional appearance. The state-sanctioned speaking of the truth according to a prosecutorial logic runs counter to the core values of the customary institution and established societal practices. This friction is further enhanced by the underlying Judeo-Christian model of truth-telling introduced with the Gacaca system in a socio-political environment mediated by a culture of deceit and dominated by a war victor. In such a socio-cultural context, communication serves the interests of the power holders (national and local), and not necessarily the interest of truth-telling and justice.


Author(s):  
Dastan Aleef

AbstractThe former Islamic Revival Party of Tajikistan (IRPT) underwent a political transformation from an Islamist organization, partly responsible for armed mobilizations during the Civil War in Tajikistan (1992–1997), to a moderate and arguably democratic party from the early 2000s until 2015. The party defined and redefined its identity to fit both Islamic and secular democratic narratives. This research traced the evolution of the IRPT’s identity in light of critical events such as the change in leadership in 2006, and the Arab Spring. A discourse analysis of the IRPT’s main communication channel, Najot, from 2008 to 2015 has been conducted, which found three themes where strong articulations about identity were made: secularism, the Civil War, and the Islamic World. First, they challenged the core legislation regulating the triangular relationship of state, society, and religion; they justified political Islam; and they criticized what they called “secular extremism.” Second, the party produced a counter-narrative of Civil War actors and actions to that of the state. Third, they expressed solidarity with legal and controversial Islamic parties elsewhere, such as the Egyptian Muslim Brotherhood, or the Palestinian Hamas. This paper has found that the IRPT’s ideological transformation was limited due to the remaining Islamist elements in their discourse and the lack of clarity on the compatibility between Islamic and secular democratic programs.


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