Reassessing the focus of transitional justice: the need to move structural and cultural violence to the centre

After over six decades of evolution, transitional justice remains focused on courts and commissions, evidenced by the allocation of international attention and resources. This is understandable given that courts and commissions are ideal platforms to hold perpetrators to account. While violent individuals and events can be addressed through courts and commission, what cannot be adequately addressed is the structural and cultural violence that makes mass atrocities possible, and remains intact in spite of truth and accountability. Structural and cultural violence manifests as systemic vulnerability and dehumanization, and it is this type of built-in violence that continues to plague countries where transitional justice has been pursued, for example the criminalization and repression of communities in South Africa, or the forced evictions that occur daily throughout Cambodia. This article argues that it is this type of violence which should become the central focus of transitional justice.     

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.     

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.     

Sexual violence against men in countries affected by armed conflict

Sexual violence against men in armed conflict has been documented for thousands of years under the various guises of war, torture and mutilation yet it is often neglected mainly because of overwhelming stigma and shame surrounding it. Based on academic and grey literature on sexual violence against men in conflict, this article discusses the complex reasons for lack of quality data on this important topic. The motivations of sexual violence against men are also explored through applying causal theories that are largely based on female victims of sexual violence. Finally, interventions for the management of sexual violence against men in conflict are discussed. This study concludes that gendered binaries and strict gender roles are primarily responsible in accentuating sexual violence against men in terrorising and humiliating victims, and must be addressed. It also calls for more research and advocacy of male victims of sexual violence in order to fully understand the dynamics of this challenge as well as to offer effective care for male survivors of such violence.     

Women defining terrorism: ethnonationalist,state, and machista terrorism

This article explores definitions of terrorism according to various women in the Basque regions of Spain and France. We ask how women in social movements and government institutions define terrorism, how terrorism influences them, and whether they are viewed as victims of violence and/or as political agents who challenge terrorism. We discuss three definitions of terrorism: ethnonationalist terrorism of ETA (Euskadi Ta Askatasuna), state terrorism against ETA operatives and supporters, and terrorismo machista (or intimate terrorism seen as gender violence). The article uncovers multiple women’s lived experiences related to terrorism, and by problematising agency and definitions of terrorism, it challenges the binary in international relations of women as either victims or violent perpetrators of terrorism and it establishes terrorismo machista as political violence closely related to other forms of political violence. We conclude that women are important political agents regarding multiple types of terrorism.     

Democratising Transitional Justice: Transitional Trade-offs and Constituting the Demos

I argue that transitional justice should be democratised and to realise this goal I propose a method by which people can be enfranchised to make such choices. By showing that transitional justice options often involve trade-offs, I lay the groundwork for my democratic account of transitional justice. This article balances three democratic principles, including collective self-determination, the all affected interests principle and the protection of individual rights that are necessary to vote, to argue that victims and potential victims should constitute the transitional justice demos. I propose a new institution that would balance international and local control of transitional justice decision making, and choose the demos. This article does not attempt to construct a theory of how to resolve tensions in transitional justice decisions. Conversely, exactly because these tensions are often present, I develop a theory of who should be empowered to make transitional justice decisions and how their powers should be constrained.     

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.     

Contestation and resistance: the politics of and around transitional justice in Nepal

The shift to adopting holistic approaches in transitional justice indicates an intention to pay (greater) attention to politics in transitional justice. However, transitional justice actors frequently encounter difficulties in doing so, misread politics and misconstrue where to locate it in post-conflict contexts. Using research from Nepal I argue that there is considerable political activity taking place that challenges transitional justice on multiple scales. This research demonstrates that actors frequently seek to advance their interests and make claims utilising the process, institutions and language of transitional justice. In particular, I draw upon resistance literature and contentious politics literature to elucidate the complex relationships and interactions at the local and national level, which are often omitted from discussions about transitional justice in Nepal. Accordingly, I argue it is more useful to consider actors’ actions in relation to transitional justice on a continuum where there is co-option, resistance, contestation and compliance with a wide range of variation within each.     

Suid-Afrikaanse “alternatiewe” rolprente en die Suid-Afrikaanse sosio-politieke werklikheid (Deel 2)

SUMMARY

Due to rapid social, economic and political change, many aspects of the traditional male sex role have been rendered increasingly dysfunctional and obsolete. This has led to a period of destabilisation in traditional gender roles and relationships, prompting sex role strain and a contemporary ‘crisis of masculinity’. This alleged crisis has given rise to renewed interest in the male sex role, providing the impetus for a new field of study in the eighties known as Men's Studies. This article examines the underlying assumptions of the so-called crisis of masculinity theory, and the factors that have precipitated this alleged crisis, namely the rise of feminism and the women's movement, the gay liberation movement, the declining emotional and mental health of men, and the rise of the mass media and popular culture.     

Violence in the city that belongs to no one: urban distinctiveness and interconnected insecurities in Nairobi (Kenya)

ABSTRACT

Rapid urbanisation in the global South has prompted attention to the causes and dynamics of urban violence. Yet, much research tends to either analyse urban violence without attention to the broader conflict complexes of which it forms a part, neglecting linkages between different forms of urban violence and between urban and rural dynamics, or conversely study violence in cities without acknowledging the particularities of the urban context. In this article, we conceptualise urban violence, theorise how it is shaped by urban dynamics and explore its manifestations in Nairobi, Kenya. We find that while Nairobi is not uniquely violent inside Kenya, violence takes on distinct urban forms given city-level processes, and also that urban violence has led to policies that increase securitisation and militarisation of the city. Our analysis thus improves knowledge of how criminal and political violence is shaped by and shapes the stability of developing cities.     

Hegemonic masculinity and terrorism: the case of the PKK and Abdullah Öcalan

ABSTRACT

Recent years have seen an increase in the study of the relationship between gender and terrorism. This article analyzes the relationship between hegemonic masculinity and terrorism through the case of the Kurdistan Workers’ Party (Partiya Karkerên Kurdistan or PKK) and its leader Abdullah Öcalan. Using the method of narrative analysis, the study first examines the concept of hegemonic masculinity. The study attempts to make sense of how the concept of hegemonic masculinity operates within the PKK. To achieve this goal, the study demonstrates the major functions of hegemonic masculinity within terrorist organisations. Accordingly, it is argued that the perspective of masculinity studies can be used to gain a better and highly instructive understanding of political violence and terrorism.     

Contemporary Transitional Justice: Normalising a Politics of Exception

This article studies the contemporary expression of transitional justice, a field of practice through which global governance is exercised. It argues that transitional justice is being normalised, given the normative and empirical de-legitimisation of its premise of exceptionalism. The article theorises exceptionalism and normalcy in transitional justice and identifies three macro-level causes of normalisation: the legalisation, internationalisation and professionalisation of the field. This argument is illustrated by a study of Uganda's trajectory of transitional justice since 1986. Across five phases of transitional justice, processes of legalisation, internationalisation and professionalisation have contributed to the gradual dismantling of the country's exceptional justice. The case demonstrates, further, that normalisation is a contested and incomplete process.     

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.     

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.     

《克丽丝德蓓》中的性别政治

美国学者凯特·米利特（Kate Millet）在她的著作《性别政治》一书中第一次明确地提出了性别政治的概念。米利特指出两性关系是一种统治与被统治的关系，即男性统治女性。这种权力结构长期以来被视为是理所当然的。《克丽丝德蓓》是英国浪漫主义时期诗人柯尔律治的三部代表作之一，长期以来在学术研究方面较少得到关注。《克丽丝德蓓》与作者其他两部代表作最明显的差异在于把历经磨难的主人公设定为一位柔弱少女。本文试图从男性作者视角的天使与魔鬼，男性力量的操纵与拯救和男性心理的公平与偏见等方面，阐释柯尔律治《克丽丝德蓓》中体现出的性别政治。     

The International Community and Bosnia-Herzegovina

The article discusses the most considerable challenges faced by Bosnia-Herzegovina (BiH) over the past few years and outlines how many of them have been addressed through partnership and cooperation between BiH and the international community. It draws lessons from this cooperation for the general conditions necessary for successful international intervention and engagement, comparing the interventions in BiH and Iraq. It argues that BiH has made substantive progress in reconciliation and reconstruction and that it is now a modern and peaceful state orientated towards the goal of Euro-Atlantic integration. The article assesses some of the remaining obstacles to progress, in particular the paradoxically problematic role of the Office of the High Representative in BiH.     

Wrestling with Another Human Being: The Merits of a Messy,Power-Laden Pacifism

ABSTRACT

As one of many scholars who have situated their research in terms of nonviolence (a mode of action) rather than pacifism (a philosophical position), I ask, what do we gain instead by adopting an explicitly pacifist stance, especially as a response to forms of violent extremism? First, I respond to three common dismissals of pacifism, interrogating the misguided assumptions about violence/nonviolence upon which they depend. Second, exploring recent violent encounters between white nationalist and antifa activists in the US, as well as insights from Ruddick’s “maternal thinking,” I argue that taking a principled stance against collective violence (1) has practical utility, including a protective effect, (2) forces us to wrestle with the humanity of our adversaries and our inability to ever fully control them, and (3) enables radical inclusion by requiring sustained attention to difference but also resistance to the forms of injustice and oppression this “difference” might entail. The pacifism that emerges here is messy and power laden, demanding that we continually wrestle not only with one another but with the tensions inherent in human interaction, difference, and conflict.     

“Unthinking” sexual violence in a neoliberal era of spectacular terror

The article begins with a question about the value of revitalising the equation between sexual/intimate violence and terrorism in the current neoliberal/post-feminist political and epistemological landscape. We argue that the intensifying international interest in sexual violence, and an accompanying hyper-visual imagery, is implicated in the cauterisation of critical thought about sexual violence. We offer the more mobile and expansive concept of sexed violence to “unthink” dominant narratives that reproduce heteronormativity and white, Western hegemony. Through an analysis of the film Unwatchable, we consider why non-white raced bodies consistently materialise as less “comprehensible” as violatable than white bodies. We further suggest that a move to sexed violence can help to think more critically about both sexual violence and feminism.     

The subjective and objective violence of terrorism: analysing “British values” in newspaper coverage of the 2017 London Bridge attack

This article examines how ?i?ek’s analysis of “subjective” violence can be used to explore the ways in which media coverage of a terrorist attack is contoured and shaped by less noticeable forms of “objective” (symbolic and systemic) violence. Drawing upon newspaper coverage of the 2017 London Bridge attack, it is noted how examples of “subjective” violence were grounded in the externalisation of a clearly identifiable “other”, which symbolically framed the terrorists and the attack as tied to and representative of the UK Muslim community. Examples of “systematic” violence were most notable in the ideological edifice that underpinned this framing but also in the ways in which newspaper reports served to draw upon British values in the aftermath of the attack. This directed attention away from the contradictions within the UK, towards narratives that sought to “fix” these contradictions through eradicating the problem of “the other” and/or by violently protecting the British values “they” seek to undermine. As a consequence, newspaper coverage worked to uphold the illusion that “peace” could be achieved by eradicating terrorism through further forms of objective violence, including, internment without trial; the “ripping up” of human rights; and closer surveillance of Muslim communities. Indeed, it was this unacknowledged violence that worked to maintain British values in the press' coverage.     

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.