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.


2013 ◽  
Vol 32 (3) ◽  
pp. 115-142 ◽  
Author(s):  
Sri Lestari Wahyuningroem

The article examines both civil society initiatives that seek to address the mass violence of 1965 and 1966 and the state's responses to them. Unlike other political-transition contexts in the world, a transitional justice approach is apparently a formula that state authorities have found difficult to implement nationally for this particular case. The central government has, through its institutions, sporadically responded to some of the calls from civil society groups and has even initiated policy reforms to support such initiatives. Nevertheless, these responses were not sustained and any suggested programmes have always failed to be completed or implemented. Simultaneously, however, NGOs and victims are also voicing their demands at the local level. Many of their initiatives involve not only communities but also local authorities, including in some cases the local governments. In some aspects, these “bottom-up” approaches are more successful than attempts to create change at the national level. Such approaches challenge what Kieran McEvoy refers to as an innate “seductive” quality of transitional justice, but at the same time these approaches do, in fact, aim to “seduce” the state to adopt measures for truth and justice.


2017 ◽  
Vol 27 (3) ◽  
pp. 323-344 ◽  
Author(s):  
Tine Destrooper ◽  
Stephan Parmentier

Place-based approaches to transitional justice, which foreground victim participation, have become increasingly popular in the last decade. The assumption is that these approaches enhance legitimacy, increase the local relevance of interventions, and empower victims. However, the causal mechanisms by which this alleged empowerment takes place, are not usually studied in great detail. This article examines whether altering the opportunity structures of (germinal) civil society organizations is one of the ways by which this empowering effect might take hold. The authors argue that in Guatemala, the transitional justice process, and in particular the truth commission, did indeed significantly alter the opportunity structures of grassroots indigenous women’s groups, most notably by providing these groups with support to develop their own agenda and with access to ‘elite allies’. Yet the fieldwork performed hitherto would also advise against treating localized and participatory approaches to transitional justice as a panacea, for even if a genuine bottom-up approach is promising, the ongoing institutionalization of the field of transitional justice makes adequate implementation of such an approach difficult; and especially in cases where victims face intersectional discrimination positive effects may be slow to materialize.


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