Breaking the cycle of violence: applying conflict sensitivity to transitional justice

The legacies of mass violence can, if left unaddressed, fuel future conflicts. Transitional justice seeks to address the legacies of large-scale past abuses. Despite the sensitive nature of transitional justice and recognition that initiatives can adversely influence conflict-affected contexts, there has been limited attempt to extend the application of conflict sensitivity to transitional justice. Conflict sensitivity is an approach and tool to help aid actors to understand the unintended consequences of aid and to act to minimise harm and achieve positive outcomes. Transitional justice initiatives can exacerbate tensions by replicating existing tensions; introducing resources that become a struggle for control; or challenging power and vested interests. This article argues that conflict sensitivity should be applied to transitional justice; and identifies tools and factors that could contribute to conflict sensitive transitional justice. They include promoting: broad-based participation; resonance with local actors; social cohesion; public outreach; collaboration with other sectors; and appropriate sequencing.     

Analysis: Reconceptualising transitional justice: embedded and distanced justice

This article argues that transitional justice ranges from the very personal and local to the global and structural, spanning processes and outcomes, clear demands, compromises and contracts. It explores this diversity using the framework of ‘embedded justice’ and ‘distanced justice’, and the case studies of South Africa, Rwanda and Sierra Leone. The argument draws on Fletcher and Weinstein (2002) to argue that justice needs to be embedded within and to engage the communities, cultures and contexts of conflict. A recent article by Sieff and Vinjamuri (2002) is used to advocate decentralisation. Transitional justice debates have generally overlooked justice, and human rights, as manifest in political, economic and social processes whilst privileging the law, and dismissing the potential of locally generated and embedded justice. The article argues that achieving the correct balance requires a shedding of naïve faith in, and the transformation of, both local and international justice, and the contexts within which they operate, whilst seeking to build on their complementary capacities and legitimacies.     

Democratization and Transitional Justice

Any country which attempts to establish accountability for past abuses of human rights during the process of democratization faces political, judicial, and ethical problems. With regard to politics, the question of which transitional justice measures are appropriate, functional, and feasible has to be decided for every individual case. A judicial approach has to decide which judicial standards to apply and how to justify prosecution. Finally, the ethical dilemmas of dealing with historical injustices have to be understood. There are no ready-made concepts to define guilt and justice. In many cases it is even difficult to tell the victims from the perpetrators. This study examines the different strategies subsumed under the term ‘transitional justice’ used by emerging democracies to deal with a legacy of human rights abuses. It explores the problems and challenges posed by different mechanisms of reconciliation and societal reintegration. While existing analyses of the contribution that transitional justice measures make to the process of social re-integration stress the importance of consensus among citizens and social groups for the emergence of trust and solidarity, this study suggests also thinking about how conflicts over competing ‘truths’ can help to build social capital and reconciliation. Noting a global diffusion of international legal norms, which means at least formal universal acceptance of basic rights and judicial procedures, it is argued that international justice cannot be a substitute for transitional justice measures taken by the domestic regime itself.     

Justice delayed? Internationalised criminal tribunals and peace-building in Lebanon,Bosnia and Cambodia

In countries emerging from violent conflict and/or mass atrocity, there is an urgent need to promote stability and often also widespread demand for accountability for abuses which have taken place. Debate has raged among scholars and practitioners about whether justice should be sacrificed or delayed for the sake of peace, or should be promoted even if it is in the short term destabilising. In many countries emerging from conflict processes of accountability, or transitional justice processes, operate almost simultaneously alongside processes of peace-building such as disarmament, demobilisation and reintegration of ex-combatants, reform of the security sector and rule of law promotion, in the immediate aftermath of conflict. These can include domestic processes of truth-telling, prosecution, reparation and amnesty, or internationally promoted processes such as international criminal tribunals. They can also include internationalised criminal tribunals, which have mixed national–international staff. While scholarship has increasingly focused on the engagement between transitional justice and peace-building processes in the relatively near term, far less has examined the role of processes of accountability that follow conflict termination by a significant period of time, justice delayed. Drawing on recent fieldwork, the authors examine three internationalised criminal tribunals developed some 15 years after the termination of conflict in countries that experienced three very different types of conflict, conflict resolution and peace-building or reconstruction in Bosnia, Lebanon and Cambodia. They find that despite claims made by advocates for such institutions, such tribunals may only have limited impact on longer term peace-building and that the effects of flawed peace-building activities affect the operating environment of the tribunals.     

Transitional justice in settled democracies: Northern Ireland and the Basque Country in comparative perspective

This article explores the concept of transitional justice in democratic states dealing with political violence. Although transitional justice was designed for paradigmatic transitions (from war to peace and from dictatorship to democracy), conflicted democracies such as Northern Ireland and the Basque Country could also benefit from this framework which brings a comprehensive human rights approach to the past and promotes the principles of truth, justice, reparation and guarantees of non-repetition. The article compares the transition from conflict in Northern Ireland and the Basque Country. It explores some of the specific features which characterise processes of transitional justice within settled democracies, such as the blurred break with the past, the fragmentation of initiatives aimed at dealing with violence and the mixture of ordinary and transitional justice. As well as contributing to the conceptualisation of the field of transitional justice, the study proposes that the conflict vs. terrorism divide and the clash of narratives associated with it are the key to understanding these types of transitions.     

Disarming Somalia: lessons in stabilisation from a collapsed state

International efforts to resolve the Somali crisis have foundered on one central paradox: the restoration of state institutions is both an apparent solution to the conflict and its most important underlying cause. Somalis tend to approach disarmament and demobilisation—two central pillars of the ‘state-building’ process—with the fundamental question: who is disarming whom? If the answer threatens to entrench unbalanced and unstable power relations, then it may also exacerbate and prolong the conflict. In this paper, the authors examine disarmament and demobilisation initiatives from southern Somalia, Puntland and Somaliland. In southern Somalia, externally-driven disarmament and demobilisation initiatives in support of successive interim ‘governments’ have been widely viewed with suspicion and alarm. In Somaliland and Puntland, Somali-led, locally owned efforts have achieved a degree of success that can be instructive elsewhere. The authors conclude that conventional international approaches to ‘state-building’ in Somalia must be reassessed—notably that security sector issues must be treated not as a purely ‘technical’ issue, but as an integral part of the political process.     

Masculinity and male survivors of wartime sexual violence: a Bosnian case study

While conflict-related sexual violence affects men and women, male survivors are often overlooked or marginalised. The case of Bosnia-Herzegovina (BiH) is a poignant example. Twenty-two years after the Bosnian war ended, little attention has been given to the men who suffered diverse forms of sexual violence during the conflict. The present article contributes to addressing this gap. Based on semi-structured interviews with 10 men who endured the horrors of the ?elopek camp in north-east BiH, it focuses on the lives of these men today. Exploring the men’s silences and the intersection of their trauma with ongoing everyday problems, it goes beyond the commonly made argument that sexual violence against men constitutes an attack on masculinity. Fundamentally, it examines how masculinity norms and expectations have shaped the men’s stories, coping strategies, and current needs. This use of a masculinity lens highlights important gaps within transitional justice, which to date has narrowly focused on violent and militarised forms of masculinity. The article thus calls for transitional justice processes to give more attention to masculinities affected by violence.     

Trials,lustration, and clean elections: the uneven effects of transitional justice mechanisms on electoral manipulation

Transitional justice aims to promote democratization, but previous research has found that it has mixed effects. We address this puzzle by focussing on how transitional justice affects a necessary condition for democracy: clean elections. We test for the effects of four transitional justice mechanisms – truth commissions, lustration policies, amnesties, and trials – on two different types of electoral manipulation, using data from 187 post-transition elections held in 63 countries around the world from 1980 to 2004. We find that post-transition trials limit illegal forms of electoral manipulation, such as vote-buying and falsification of results, but have no effect on legal forms of manipulation. By contrast, lustration policies limit legal manipulation tactics, like intimidation and harassment of opponents by the security services, but do not affect illegal tactics. By showing that different aspects of transitional justice can have varying influence on electoral integrity, this project improves understanding of the mechanisms that link transitional justice and democratization.     

The significance of the Cracow summit

This article assesses whether the EU contributes to long-term positive change in societies emerging from violent conflict, helping them ‘mend’ or whether it simply encourages societies to ‘make do’ with the status quo. To do so, the article focuses on two of the principles found in the Treaty, peace and justice for human rights violations. It examines how the EU translates the principles of peace and justice into policy and puts them into practice by analyzing EU engagement in peace mediation, transitional justice, and security sector reform in general and through in-depth examination of EU engagement in the Democratic Republic of Congo. It questions the prevailing discourse that greater inter-institutional coherence would improve EU security provision and considers whether and how the EU prioritizes between peace and justice. The article finds that principles may be translated into policy and put into practice, and practice is often ahead of policy. But this is uneven within as well as across the institutions. Greater coherence between principle, policy, and practice, rather than between institutions, would improve EU security provision and enable prioritization. If the EU settles for making do, it undermines its considerable potential to contribute to long-term solutions to complex conflicts.     

Social network analysis and counterinsurgency: a counterproductive strategy?

Social network analysis has been adopted by a number of governments in their counterinsurgency campaigns. By using network analysis, security agencies claim they can render militant groups impotent by targeting ‘nodal points’ or key links in insurgent networks. The article makes three arguments on the potentially counterproductive nature of social network analysis-assisted counterinsurgency campaigns. Firstly, social network analysis may be ‘too successful’ in stripping militant movements of a cadre who could negotiate a peace accord. Secondly, social network analysis-assisted campaigns fail to address the root causes of violent conflict. Thirdly, by denuding communities of social capital and social entrepreneurs, social network analysis – as a counterinsurgency tool – may condemn communities to underdevelopment and failed post-war reconstruction. In short, the ‘magic weapon’ of social network analysis might actually prolong the conflict it is supposed to help quell. The article employs the government of Sri Lanka's social network analysis-assisted counterinsurgency campaign as a case study, though it also has application to other cases. It concludes by considering if social network analysis can be put to more constructive uses, specifically in the rebuilding of communities after violent conflict.     

Bringing in the grassroots: transitional justice in Zimbabwe

Since 2008, the Government of Zimbabwe, the international community and non-governmental organisations have all advocated the need for transitional justice in Zimbabwe. Yet, few initiatives have emerged. This article suggests that local communities could be enabled to help fill this policy vacuum. The results of a pilot research project are presented, where 1,400 victims of violence were engaged. The data collected highlights a clear demand for justice at the grassroots, but an educational input is necessary and transitional justice capacity needs to be built. Currently unstructured and unorganised opinions on how to cope with past violence need to be translated into practical programmes of action. The article asserts that such leadership, stimulated from the grassroots, represents a potential strategy capable of challenging the existing policy vacuum. Even if this challenge is initially rebuffed, it is contended that such an input still remains vital for the longer term. An opportunity currently exists to deepen an understanding of transitional justice in Zimbabwe which will enable community groups to initiate and respond to Zimbabwe's transitional justice processes when the national political environment becomes more receptive to this need.     

Acts of Truth Telling and Testimony in the Conceptualisation of Reparations in Post-conflict Peru

ABSTRACT

The internal armed conflict of Peru (1980–2000), a struggle which saw the rise of various guerrilla movements, notably Shining Path, against the State, left an estimated 69,280 fatalities and countless survivors of human rights violations. Among the victims, particularly toward the end of the conflict, were over 300,000 indigenous, predominantly illiterate, women in impoverished rural communities who had been targeted by State officials and forced into undergoing sterilisation surgeries. To date, no reparation has been enacted in response. This article reviews acts of truth telling, in particular the use of oral testimony within the project of Quipu, of the victims of these enforced sterilisations, as a nonviolent method of historical justice. The article finds that calls for violent social justice (that is, the internal armed conflict) have not protected the rights of the most vulnerable (among them, indigenous women), though arms may have been taken up in an attempt to do so, but have in fact increased the forms of violence within the armed conflict. By contrast, testimony as nonviolent action protects victims’ right to the truth and their right to resist, as it turns against violent histories and toward possible reparation.     

International relations scholarship,academic institutions and the Israeli–Palestinian conflict

This paper explores the role of academic scholarship and practice in constituting, aggravating, and resolving the Israeli–Palestinian conflict. The first section of the paper examines how scholarly discourse and methods of analysis contribute to shaping (mis)understandings of on-the-ground conflict dynamics. To demonstrate this point, the paper first overviews conventional social science methods used in mainstream international relations (IR) scholarship that tend to reify, freeze and homogenize ‘the conflict’ as well as conflict parties and then uses a different scholarly approach—namely a processual, peace-studies-oriented methodology—that provides a very different ‘picture’ of the conflict, its parties and appropriate strategies of engagement in the pursuit of peace. The second section of the paper uses three brief case studies to demonstrate how Israeli and Palestinian academics help constitute ‘the conflict’ and its parties not only through their scholarship but also through their ‘practice’. These examples also show the importance of re-evaluating analytical models to include contextual dynamics such as time, place and sources of available power as well as to recognize the diversity of Palestinian and Israeli views regarding the sources of—and best approaches for addressing—‘the conflict’.     

Berko Anat. The Path to Paradise,the Inner World of Suicide Bombers and Their Dispatchers. Forward by Moshe Addad,and translated by Elizabeth Yuval

This article conceptualizes political radicalization as a dimension of increasing extremity of beliefs, feelings, and behaviors in support of intergroup conflict and violence. Across individuals, groups, and mass publics, twelve mechanisms of radicalization are distinguished. For ten of these mechanisms, radicalization occurs in a context of group identification and reaction to perceived threat to the ingroup. The variety and strength of reactive mechanisms point to the need to understand radicalization—including the extremes of terrorism—as emerging more from the dynamics of intergroup conflict than from the vicissitudes of individual psychology.     

Socioeconomic Inequality and Communal Conflict: A Disaggregated Analysis of Sub-Saharan Africa, 1990–2008

This article examines the role of economic inequality in influencing the risk of armed conflict between communal groups in Sub-Saharan Africa. We argue that socioeconomic inequality can generate intergroup grievances, which, due to the exclusionary legitimacy of the African state and elite incentives to engage in competitive mobilization of communal groups, precipitate violent communal conflict. To examine this argument, we rely on a series of household surveys to construct subnational inequality measures. For each region, we calculate measures of inequality in terms of household welfare and education between individuals (vertical inequality) and between ethnic groups (horizontal inequality). Combining the inequality data with new georeferenced data on communal conflict in Sub-Saharan Africa for the period 1990–2008, we find that regions with strong socioeconomic inequalities—both vertical and horizontal—are significantly more exposed to violent communal conflicts. More specifically, regions in which the largest ethnic group is severely disadvantaged compared to other groups are particularly prone to experience communal conflict.     

Listen to us—we know the solution: mapping the perspectives of African communities for innovative conflict resolution

Inspired by the need to find lasting solutions to violent conflict, the author stated the research question by asking ‘how can community knowledge be given a new centrality so that it can contribute to innovative conflict resolution?’ In answering this question, the author argues that conflict mapping is a strong influential instrument not only for community research, but also to empower a community to deal with conflict, promote equity of discourse on all dimensions of a conflict, as well as to create a web of equal relationships among peace-builders to resolve conflicts. The conceptual framework addresses conflict mapping; the top-down/bottom-up approach to conflict resolution and introduces the concept ‘innovative conflict resolution’. Examples of centralising community knowledge in some African societies are offered. The conceptual framework and examples from Africa are then applied to practical conflict mapping that was performed as part of a community engaged participatory research project with a San community in South Africa.     

Justice without judiciary in East Timor

Typical for international state-building interventions, the United Nations Transitional Administration in East Timor relied on a fundamentally western model in its attempt to establish a rule of law. At independence, an official judiciary was trans ferred to Timorese control as part of the new government. However, this institution has proved to be one of the weakest minted during the transitional period, in part because it was placed on top of an entirely different, indigenous system of justice at the grassroots level. The concept of a crime, and means of redress, or a conflict and process of resolution, accepted as legitimate by the local population contradicted the type of judiciary being imported. UNTAET failed to appreciate the resilience of local structures, and therefore did not reconcile the two contrasting systems of justice. International approaches to post-conflict (re)construction of a rule of law have to be re-thought, taking account of indigenous notions of justice in the architecture of a formal judiciary.     

DDR and transitional justice: bridging the divide?

This article explores the complex relationship between disarmament, demobilisation and reintegration of ex-combatants (DDR) and transitional justice. While both DDR and transitional justice often operate simultaneously, neither process has traditionally been designed with the other in mind. In fact, they are often in tension or competition, pursuing competing demands and potentially drawing on the same scarce donor pools. While scholars and practitioners of transitional justice have become somewhat attuned to the presence of DDR processes in countries emerging from conflict, and the challenges and opportunities they present for transitional justice, we observe that by comparison, it is only fairly recently that DDR policies, if not programmes, have begun to take account of the demands and practice of transitional justice. We argue that while the activities of DDR and transitional justice may often be in tension, in some instances they might be designed to operate in a more complementary fashion. However, for this to even be conceivable, it is essential that scholars and practitioners of each seek to understand the work of the other better.     

Business engagement in violence prevention and peace-building: the case of Kenya

Kenyan business was important in mitigating episodes of election violence in 2007–2008 and 2013. This article finds that this role was motivated by the ethical and moral commitments of key business leaders to further peace in times of violence; and by interests in preventing future economic loss. However, by adopting a lens that situates business roles in violence prevention and peace-building within Kenya’s conflict systems and political economy, the article finds a paradox: this lens confirms the Kenyan ‘success story’ with respect to specific violent episodes; but it also reveals a much more limited role for business in transforming the underlying sources of conflict; especially when these are congruent with key business fundamentals connected to land ownership, property rights, export-oriented production or services, or a ‘limited’ access order. Overall, the article highlights that business should leverage its comparative advantages within broader multi-stakeholder coalitions, especially in terms of its ability to influence political leaders, entry-points for informal dialogue to diffuse crises and capital to support peace-building initiatives.     

Coordinating Transitional Justice

Conflict resolution professionals sometimes differ from human rights professionals about the best approaches to transitional justice, particularly with regard to the scope, conditions, and timing of possible amnesties from prosecution for perpetrators of war crimes and human rights abuses. When human rights and conflict resolution professionals work at cross‐purposes, they may work less effectively to end conflict, abuses, and crimes, and to implement peace accords. A consensus among conflict resolution and human rights scholars about which legal norms should govern post‐conflict amnesty programs appears to be developing. Against this emerging legal framework, human rights and conflict resolution professionals should, I argue, develop processes for working together more effectively in the design and implementation of context‐sensitive approaches to transitional justice. These process principles should address the entire conflict period, from escalation through resolution to post‐conflict reconstruction. In this article, I describe a tentative, general framework for coordinating the development of transitional justice programs. This proposed framework is intended to stimulate and guide discussion of these issues among conflict resolution and human rights professionals and scholars.