WHAT IS TRANSITIONALJUSTICE ?O Transitional justice is a response to systematicor widespread violations of human rights.O It seeks recognition for victims and promotionof possibilities for peace, reconciliation anddemocracy.O Transitional justice is not a special form ofjustice but justice adapted to societiestransforming themselves after a period ofpervasive human rights abuse.O In some cases these transformations happensuddenly, in others they may take place overmany decades.
TJ Historical BackgroundO Transitional Justice (TJ) is as an approachemerged late 1980s and early 1990s.O In response to political changes in Latin Americaand Eastern Europe – to demands in this regionsfor justice.O At the time human rights activists wanted toaddress systematic abuses by former regimeswithout endangering political transformations.O Since these changes were called “transitions todemocracy”, people named this newmultidisciplinary field “transitional justice”.
Quotes about TJO “Transitional justice should be designed tostrengthen democracy and peace – the key goals ofsocieties picking up the pieces after periods of massabuse”.O “Within this diversity of experience, though, the trendhas been toward seeking some kind of closure. Morethan 20 nations in the last two dozen years havetried the institutionalized search for truth andreconciliation, giving rise to the new academicdiscipline of transitional justice, with its lexicon ofretributive justice, restorative justice, historicalclarification, lustration and so on.”O Kimberley Theidon call it “TJ industry, composed ofteams of experts, consultants, software packages ordata management, and a set of assumptions on howto do memory and why memory matters.”
BASIC APPROACHES TOTRANSITIONAL JUSTICEO Criminal prosecutionsO Truth commissionsO Reparations programsO Gender JusticeO Security system reformO Memorialization efforts
Criminal ProsecutionsO These are judicial investigations ofthose responsible for human rightsviolations.O Prosecutors frequently emphasizeinvestigations of the “big ﬁsh”:suspects considered mostresponsible for massive orsystematic crimes.
Truth CommissionsO These commissions of inquiry havethe primary purposes of investigatingand reporting on key periods ofrecent abuse.O They are often ofﬁcial state bodiesthat make recommendations toremedy such abuse and to prevent itsrecurrence.
Reparations ProgramsO These are state-sponsored initiativesthat help repair the material and moraldamages of past abuse.O They typically distribute a mix ofmaterial and symbolic beneﬁts tovictims.O Beneﬁts that may include ﬁnancialcompensation and ofﬁcial apologies.O Instrument of reparation claims is notcriminal but civil law.
Gender JusticeO These efforts challenge impunityfor sexual and gender-basedviolence.O Ensure women’s equal access toredress of human rights violations.
Security System ReformO These efforts seek to transform themilitary, police, judiciary andrelated state institutions frominstruments of repression andcorruption into instruments ofpublic service and integrity.
Memorialization EffortsO These include museums andmemorials that preserve publicmemory of victims and raise moralconsciousness about past abuse, inorder to prevent its recurrence.
Which are the goals of TJ?O Transformation or the regeneration of awhole society.It involves political, economic, cultural, sociologicaland psychological actions:- Prosecutions- Truth / Reconciliation commissions- Lustration- Public access to police & government records- Public apology- Public memorials- Reburial of victims- Compensations, reparations- Literary and historical writings
Kora Andrieu distinguishes threemain categories of action for TJO (i) legal justice - refers to security andjudicial system reform.O (ii) restorative justice - refers torestoring the truth about the past, toforgiveness, reconciliation and collectivememory in rebuilding societies.O (iii) social justice - refers to promotionof social trust, reparations, socialintegration and structural social reforms.
Legal justiceO The historical background of Trials:- Nuremberg Trails (1945-1949) - “the re-founding of apolitical and moral community through the narrationof past horrors. (Simpson, 2008).- Tokyo military tribunal – “little more than a sword in ajudge’s wig” (Radhabinod Pal, 2011).O Ad hoc tribunals and International CriminalCourt:- UN decision to create International Criminal tribunalsfor ex-Yugoslavia (ICTY, 1993), andRwanda(ICTR, 1995).- International Criminal Court (ICC, 2002) – main roleis to gather evidence and lead investigations in warzones
Legal justice (II)O Hybrid courts :- Hybrid or “internationalized” courts – a mix ofdomestic and international instruments of justice.(established in Bosnia. Kosovo, Sierra Leone, EastTimor, Cambodia, Iraq, Lebanon).- Truth Commissions – often official state bodies thatmake recommendations to remedy recent abuse andprevent its recurrence.O Local justice:- “based on local structures with local actors, TJ can bemore conducive to empowering people and buildingcapacities for both peace & justice” (Shaw, 2007).
Restorative justiceO “A normative theory of social repair, focuses less onperpetrators to the benefit of victims, shifts justiceback to the affectedcommunities.(Braithwaite, 1999).O “The aim of RJ is therefore to democratize the socialcontrol of punishment, by making its methods moreconsensual & participatory”. (Dzur, 2003).O Its application to mass atrocities in post-conflictsituations, mainly through Truth & ReconciliationCommissions (TRC). (Hayner, 1994).O TRCs can make recommendations for broad reformof state institutions based on their findings, andsuggest reparations for the victims.
Two kinds of TRCcan be distinguishedO (i) participatory model (South African) –fostering reconciliation by public dialogueand collective acknowledgement.O (ii) other TRCs are constructed more aseducational fact-finding bodies – with theexplicit aim of encouraging historicalinterpretation and disseminating a newcollective memory. (TRCs in ElSalvador, East Germany and Guatemala).
Social justiceO Reparation programsO Material reparations – meant to put an end to anunjust situation through the allocation of a monetaryequivalent that is supposed to compensate for it.O As opposed to restorative justice reparation policiesare said to be morally neutral.O Other types of compensation could includerestitution of lost property, the building ofmemorials, the naming of streets after victims, therevision of history books.O Official apologies too are sometimes included in thereparative paradigm.O Limits – no money can be put on people’s suffering.Timing of reparation. Collective responsibility forcrimes
Transitional justice initiativesare mostly implemented by:O NGOsO Local and regional organizationsO UN programsO International institutionsO International Criminal CourtO World Bank and so on
TRANSITIONAL JUSTICEreconstructing self & societyhttp://tj.facinghistory.org/Case studiesO GermanyO Northern IrelandO RwandaO South Africa
Oxford Transitional Justice Researchhttp://www.csls.ox.ac.uk/otjr.phpO Oxford Transitional Justice Research(OTJR) is an inter-disciplinary networkof more than 150 Oxford staff andstudents working broadly on issues oftransition in societies recovering frommass conflict and/or repressive rule.O Founded in 2007, it is now one of thelargest and most diverse academiccommunities conducting research inthis field.
International Center forTransitional Justice (ICTJ)ICTJ assists countries pursuingaccountability for past mass atrocity orhuman rights abuse.www.ictj.orghttp://www.youtube.com/watch?v=AHeecxifBvs
Why Transitional JusticeO http://www.youtube.com/watch?v=EIYpJxwc6JoPeace and JusticeO http://www.youtube.com/watch?v=PWFpngEfu84The Case for JusticeO http://www.youtube.com/watch?feature=player_embedded&v=2fm1GmDwOqo