ICERD in the post-conflict landscape: towards a transitional justice role

2017 ◽  
Author(s):  
Lydia A. Nkansah
Keyword(s):  
Transitional Justice ◽  
Truth Commissions ◽  
Truth And Reconciliation ◽  
Post Conflict ◽  
Reconciliation Process

The chapter highlights the potential of ICERD to contribute to the process of transitional justice in post-conflict societies. In particular it identifies truth commissions as having largely ignored the potential for ICERD as a transitional tool, and calls on CERD, States Parties and other actors to better understand and carve out a role for ICERD in the truth and reconciliation process.

scholarly journals Restorative Justice in Transitional Sierra Leone

2011 ◽  
Vol 1 (1) ◽  
pp. 157 ◽  
Author(s):  
Lydia Apori Nkansah
Keyword(s):  
Sierra Leone ◽  
Transitional Justice ◽  
Truth And Reconciliation Commission ◽  
Truth Commissions ◽  
Truth Telling ◽  
Truth And Reconciliation ◽  
Sierra Leonean ◽  
Post Conflict ◽  
The People ◽  
Conflict Reconciliation

Intense debate surrounds truth commissions as to their mission, perceived roles and outcomes. This paper seeks to contribute to the understanding of truth commissions in post-conflict settings. It examines the Truth and Reconciliation Commission (TRC) for Sierra Leone, the first truth commission to be engaged concurrently with a retributive mechanism, the Special Court for Sierra Leone for transitional justice. The study finds that the TRC provided an opening for conversation in Sierra Leonean communities to search for the meanings of truth about the conflict. In this way the communities simultaneously created an understanding of the situation and set reconciliation directions and commitment from the process of creative conversation.  This notwithstanding, the TRC did not have the needed public cooperation because the people were not sure the war was over and feared that their assailants could harm them if they disclosed the truth to the TRC. The presence of the Special Court also created tensions and fears rendering the transitional environment unfriendly to the reconciliation and truth telling endeavors of the TRC. The study has implications for future truth commissions in that the timing for post-conflict reconciliation endeavors should take into consideration the state of the peace equilibrium of the societies involved. It should also be packaged for harmonious existence in a given transitional contexts, particularly where it will coexist with a retributive mechanism.

Using African Truth and Reconciliation Commission documentation for truth telling and reconciliation

2020 ◽  
pp. 1-5
Author(s):  
Proscovia Svärd
Keyword(s):  
Human Rights ◽  
Truth And Reconciliation Commission ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Truth Telling ◽  
Reconciliation Commission ◽  
Truth And Reconciliation ◽  
Post Conflict ◽  
Truth And Reconciliation Commissions ◽  
Reconciliation Process

Truth and Reconciliation Commissions (TRCs) are established to document violations of human rights and international humanitarian law in post-conflict societies. The intent is to excavate the truth to avoid political speculations and create an understanding of the nature of the conflict. The documentation hence results in a common narrative which aims to facilitate reconciliation to avoid regression to conflict. TRCs therefore do a tremendous job and create compound documentation that includes written statements, interviews, live public testimonies of witnesses and they also publish final reports based on the accumulated materials. At the end of their mission, TRCs recommend the optimal use of their documentation since it is of paramount importance to the reconciliation process. Despite this ambition, the TRCs’ documentation is often politicized and out of reach for the victims and the post-conflict societies at large. The TRCs’ documentation is instead poorly diffused into the post conflict societies and their findings are not effectively disseminated and used.

Transitional Justice, Truth and Reconciliation: An Under-Explored Relationship

2011 ◽  
Vol 11 (2) ◽  
pp. 241-261 ◽  
Author(s):  
Janine Natalya Clark
Keyword(s):  
Empirical Research ◽  
Transitional Justice ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Evidence Based ◽  
Criminal Trials ◽  
Truth And Reconciliation ◽  
Post Conflict ◽  
Truth And Reconciliation Commissions ◽  
Conflict Reconciliation

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).

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.

Back to the Future? Confronting the Role(s) of Natural Resources in Armed Conflict Through the Lenses of Truth and Reconciliation Commissions

2017 ◽  
Vol 19 (4-5) ◽  
pp. 373-400
Author(s):  
Eliana Cusato
Keyword(s):  
Natural Resources ◽  
Transitional Justice ◽  
Armed Conflict ◽  
Truth And Reconciliation ◽  
Sierra Leonean ◽  
Post Conflict ◽  
Truth And Reconciliation Commissions ◽  
The Future ◽  
Conflict Strategies

Abstract Natural resources are critical factors in the transition from conflict to peace. Whether they contributed to, financed or fuelled armed conflict, failure to integrate natural resources into post-conflict strategies may endanger the chances of a long-lasting and sustainable peace. This article explores how Truth and Reconciliation Commissions (trcs), as transitional justice institutions, can contribute to addressing the multifaceted role of natural resources in armed conflict. Drawing insights from the practice of the Sierra Leonean and Liberian trcs in this area, the article identifies several ways in which truth-seeking bodies may reinforce post-conflict accountability and avoid the future reoccurrence of abuses and conflict by actively engaging with the natural resource-conflict link. As it is often the case with other transitional justice initiatives, trcs’ engagement with the role of natural resources in armed conflict brings along opportunities and challenges, which are contextual and influenced by domestic and international factors.

Macro/Micro Dynamics in South Africa: Why the Reconciliation Process Will Not Reduce Violence

2003 ◽  
Vol 1 (2) ◽  
pp. 6-20 ◽  
Author(s):  
Ingie Hovland
Keyword(s):  
South Africa ◽  
Transitional Justice ◽  
Local Level ◽  
Truth Commissions ◽  
Macro Level ◽  
Economic Policies ◽  
The People ◽  
Starting Point ◽  
Micro Level ◽  
Reconciliation Process

The reconciliation process in South Africa has been hailed as an astounding example of a non-violent transition to democracy, and its Truth and Reconciliation Commission (TRC) has subsequently served as the starting point for reflections on reconciliation, transitional justice and the possibility of truth commissions in other countries. This article suggests that it is necessary to examine South Africa's reconciliation process more critically, focusing on why it has not brought about a reduction in the high levels of violence. It is argued that the reconciliation process has failed in this respect - despite good intentions - because it has not managed to transform the macro/micro dynamic in South Africa, i.e. the interaction between macro-level divisions and micro-level tensions which have fed off each other throughout South Africa's history. Macro-level violence has included - and still includes - economic policies that generate wealth for a minority while perpetuating the production of poverty for the majority. Micro-level violence includes extremely high levels of violent incidents at an interpersonal and local level. The use of the concept ‘reconciliation’ in post-apartheid South Africa may in certain respects have served as opium for the people - opium that has enabled continued accommodation of the interaction between macro and micro-level violence in the country.

scholarly journals The unique Basque peace process: Linking Basque and European generations for global transitional justice

2020 ◽  
Vol 10 (3) ◽  
pp. 584-615
Author(s):  
Joxerramon Bengoetxea
Keyword(s):  
Transitional Justice ◽  
Justice System ◽  
Basque Country ◽  
Conflict Situation ◽  
Unique Case ◽  
Truth And Reconciliation ◽  
Post Conflict ◽  
Sociedad Civil ◽  
Pais Vasco ◽  
Sobre Todo

This paper considers the recent and unique case of transitional justice in the Basque Country. Its uniqueness, from a comparative perspective, lies in its unilateral character. It is mostly because of the pressure of Basque Society, together with the tough stance of the criminal justice system of Spain, that ETA dissolved. The analysis of this process discusses some issues of transitional justice, in tension with formal or traditional justice, and the relevance of this new field in Europe, Spain and the Basque Country. The paper spells out the most significant initiatives in the field of transitional justice adopted in the Basque case, stressing the importance of civil society, and the range of issues arising in a post-conflict situation where different agents have significantly different agendas. The paper concludes by suggesting steps towards an inclusive agenda on memory and narratives of the conflict capable of delivering truth and reconciliation. El artículo aborda el reciente proceso de justicia transicional en el País Vasco como un caso único. Su singularidad, desde una perspectiva comparada, reside en su naturaleza unilateral. ETA se ha disuelto sobre todo por la presión de la sociedad civil vasca, junto con la dureza en la aplicación del sistema español de justicia penal. El análisis de este proceso estudia temas propios de la justicia transicional que entran en tensión con la justicia tradicional o formal. Se analiza especialmente la relevancia de este novedoso campo en Europa, en España y en el País Vasco, apuntando las iniciativas más importantes en el campo de la justicia transicional adoptadas en el caso vasco, haciendo hincapié en la contribución de la sociedad civil y reseñando la gama de cuestiones que surgen en un contexto post-conflicto donde distintos agentes tienen agendas significativamente divergentes. En la conclusión se sugieren ideas para trabajar en una agenda convergente e inclusive sobre memoria y relatos del conflicto capaces de aportar verdad y reconciliación.

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