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Transitional Justice (transitional + justice)
Selected AbstractsCalling the Judiciary to Account for the Past: Transitional Justice and Judicial Accountability in NigeriaLAW & POLICY, Issue 2 2008HAKEEM O. YUSUF Institutional and individual accountability is an important feature of societies in transition from conflict or authoritarian rule. The imperative of accountability has both normative and transformational underpinnings in the context of restoration of the rule of law and democracy. This article argues a case for extending the purview of truth-telling processes to the judiciary in postauthoritarian contexts. The driving force behind the inquiry is the proposition that the judiciary as the third arm of government at all times participates in governance. To contextualize the argument, I focus on judicial governance and accountability within the paradigm of Nigeria's transition to democracy after decades of authoritarian military rule. [source] ,Order Out of Chaos': The Politics of Transitional JusticePOLITICS, Issue 3 2009Cillian McGrattan This article critically assesses the application of the ,transitional justice' model of conflict transformation in Northern Ireland. The model addresses a number of important issues for societies emerging from violent conflict, including victims' rights and dealing with the past. This article claims that the model is founded upon highly contentious political assumptions that give rise to a problematic framing of the issues involved. The underlying implication is that by eschewing basic political analysis in favour of unexamined ideals concerning conflict transformation, the TJ approach belies its commitment to truth recovery, victims' rights and democratic accountability. [source] Transitional Justice and the Quest for Democracy: A Contribution to a Political Theory of Democratic TransformationsRATIO JURIS, Issue 2 2010MIHAELA MIHAI The paper seeks to contribute to the transitional justice literature by overcoming the Democracy v. Justice debate. This debate is normatively implausible and prudentially self-defeating. Normatively, transitional justice will be conceptualised as an imperative of democratic equal concern. Prudentially, it can prevent further violence and provide an opportunity for initiating processes of democratic emotional socialisation. The resentment and indignation animating transitions should be acknowledged as markers of a sense of justice. As such, they can help the reproduction of democracy. However, their public expression must be institutionally filtered through democratic norms. The consistent institutional instantiation of equal respect can educate and recuperate negative emotions for democracy. [source] THE BUSINESS OF RECONCILIATION: ENTREPRENEURSHIP AND COMMERCIAL ACTIVITY IN POST-CONFLICT RWANDAECONOMIC AFFAIRS, Issue 2 2007Karol Boudreaux In post-conflict Rwanda trade and enterprise are leading to increased levels of co-operation among former enemies. Economic interaction is providing a cost-effective alternative to state-led reconciliation programmes as a mechanism for justice and healing. Governments seeking to provide effective transitional justice and reconciliation should therefore facilitate private-sector efforts by actively working to improve the institutional environment for doing business. [source] International Prosecutions and Domestic Politics: The Use of Truth Commissions as Compromise Justice in Serbia and CroatiaINTERNATIONAL STUDIES REVIEW, Issue 4 2009Brian Grodsky Since the end of the Cold War, increased efforts at international criminal justice have begun to transform transitional justice for the worst cases of atrocities from a predominantly domestic affair to an international one. I examine side-effects of international pressure for criminal justice, arguing that political elites struggling to balance conflicting international and domestic demands may launch "compromise justice" policies designed to satisfy both, but which in effect weaken mechanisms that transitional justice scholars posit make postconflict reconciliation most likely. I apply this argument to the former Yugoslavia, examining Serbian and Croatian truth commissions as a form of "compromise justice." [source] From Pariah State to Global Protagonist: Argentina and the Struggle for International Human RightsLATIN AMERICAN POLITICS AND SOCIETY, Issue 1 2008Kathryn Sikkink ABSTRACT Democratizing states began in the 1980s to hold individuals, including past heads of state, accountable for human rights violations. The 1984 Argentine truth commission report (Nunca Más) and the 1985 trials of the juntas helped to initiate this trend. Argentina also developed other justice-seeking mechanisms, including the first groups of mothers and grandmothers of the disappeared, the first human rights forensic anthropology team, and the first truth trials. Argentines helped to define the very term forced disappearance and to develop regional and international instruments to end the practice. Argentina thus illustrates the potential for global human rights protagonism and diffusion of ideas from a country outside the wealthy North. This article surveys Argentina's innovations and proposes possible explanations, drawing on theoretical studies from transitional justice, social movements, and norms cascades in international relations. [source] Getting Even or Getting Equal?POLITICAL PSYCHOLOGY, Issue 2 2009Retributive Desires, Transitional Justice This article examines the effect that different policy interventions of transitional justice have on the desires of the victims of human rights violations for retribution. The retributive desires assessed in this article are conceptualized as individual, collective, and abstract demands for the imposition of a commensurate degree of suffering upon the offender. We suggest a plausible way of reducing victims' retributive desires. Instead of "getting even" in relation to the suffering, victims and perpetrators may "get equal" in relation to their respective statuses, which were affected by political crimes. The article hypothesizes that the three classes of transitional justice: (1) reparation that empowers victims by financial compensation, truth telling, and social acknowledgment; (2) retribution that inflicts punishment upon perpetrators; and (3) reconciliation that renews civic relationship between victims and perpetrators through personal contact, apology, and forgiveness; each contributes to restoring equality between victims and perpetrators, and in so doing decreases the desires that victims have for retribution. In order to test our hypotheses, we conducted a survey of former political prisoners in the Czech Republic. Results from the regression analysis reveal that financial compensation, social acknowledgement, punishment, and forgiveness are likely to reduce victims' retributive desires. [source] Transitional Justice and the Quest for Democracy: A Contribution to a Political Theory of Democratic TransformationsRATIO JURIS, Issue 2 2010MIHAELA MIHAI The paper seeks to contribute to the transitional justice literature by overcoming the Democracy v. Justice debate. This debate is normatively implausible and prudentially self-defeating. Normatively, transitional justice will be conceptualised as an imperative of democratic equal concern. Prudentially, it can prevent further violence and provide an opportunity for initiating processes of democratic emotional socialisation. The resentment and indignation animating transitions should be acknowledged as markers of a sense of justice. As such, they can help the reproduction of democracy. However, their public expression must be institutionally filtered through democratic norms. The consistent institutional instantiation of equal respect can educate and recuperate negative emotions for democracy. [source] From Victim to Victimhood: Truth Commissions and Trials as Rituals of Political Transition and Individual HealingTHE AUSTRALIAN JOURNAL OF ANTHROPOLOGY, Issue 2 2003Michael Humphrey The victim has been put at the centre of states' post-atrocity strategies to reform governance, rehabilitate state authority and promote reconciliation. This paper explores the role of the victim in the truth commissions and trials aimed at reconciliation and justice and their experiences of the outcomes. The successor state's focus on recovering victims after mass atrocity ritually inverts the former regime's project of producing them. In both truth commissions and trials the state seeks to manipulate the ,spectacle' of the victim's pain and suffering to publicly project the power of the state for different ends. Whereas the repressive state seeks to deepen the effects of violence as a strategy of rule, the successor state seeks to reverse the social and political effects of violence. These strategies of transitional justice have sought to reverse the effects of exclusion, to reverse the direction of state power from producing victims towards redeeming victims, from injuring to healing. Because of the problems of mass criminality and widespread impunity, truth commissions have become widely adopted in preference to trials as a bureaucratic response to bureaucratic murder. They set about producing a ,democratising truth' through a process of public inquiry located outside the state in the people. On the whole, the process, the public testimony and the witnessing has been better received than the product, the reports and the reparations. By contrast, trials seek to produce a societal consensus based on the recovery of the law. But in both cases the victim is redeemed through the individualising discourse of law or the polarising logic of trials which establishes the guilty and innocent. The truth of atrocity is found in affirming gross human rights abuses in victims, in transacted violence rather than the deeper structures of violence. Thus, victimhood is built on a universalising human rights discourse which overly individualises the origins of atrocity. [source] | |||||||||||||