Transitional Justice and the Reform of History Education

Where does history education fit into transitional justice andhow can it contribute to the goals of transitional justice?The contemporary understanding of transitional justice has broadenedto encompass more than just prosecutions, reparations, preventingimpunity, and building rule of law. Transitional justice goalsnow extend to truth telling, restoring the dignity and preservingthe memory of victims, building peace, creating respect forhuman rights and democracy, and to reconciliation. Tools forachieving these goals now include truth commissions and commemorations.But this list has not until now included how the historicalnarrative of the group(s) involved in conflict must change asa part of transition; and education, while often invoked whenthe topic of ‘never again’ is raised, has been largelyabsent from the transitional justice discourse. Neither thelarger education system nor the teaching of history –both what is taught and how – has been considered by theinstitutions transitional justice has aimed to reform. Thisarticle considers why history education matters, what conditionscomplicate its reform and what recommendations can begin tobe offered with regard to the relationship between history educationand transitional justice.     

Transitional Justice in Peacebuilding: Dynamics of Contestation in the DRC

ABSTRACT

This article examines the place of transitional justice in peacebuilding by exploring how domestic and international actors frame this relationship and how this, in turn, moulds dynamics of contestation around transitional justice. In the transitional justice literature, contestation is usually framed around an international–domestic dichotomy: transitional justice agendas promoted by external actors confront strategies of instrumental adaptation of transitional justice by domestic elites and the adoption of alternative transitional justice approaches by local actors. Based on an analysis of transitional justice policy-making in the Democratic Republic of the Congo (DRC), this paper proposes that a more multifaceted reading of contestation to transitional justice is needed. In the DRC, both external and domestic actors variously acted as transitional justice promoters and resisters, and their positioning on transitional justice was strongly conditioned by their broader understandings of the nature of the conflict and transitional justice’s role in peacebuilding. It is therefore suggested that contestation of transitional justice does not necessarily reflect a rejection of international approaches to justice, but instead more broadly expresses a lack of agreement on what transitional justice is and what its goals are. The article thus contributes to a broader interrogation of how discourses about the meaning of transitional justice are constructed in practice.     

Transitional Justice and Peacebuilding after Mass Violence

¹Since the end of the Cold War, the international communityhas become increasingly involved in peacebuilding and transitionaljustice after mass violence. This article uses lessons frompractical experience and theories of peacebuilding and transitionaljustice to develop a model of transformative justice that supportssustainable peacebuilding. This model is holistic and transdisciplinaryand proposes a focus on civil society participation in the designand implementation of transitional justice mechanisms. It requiresus to rethink our focus on ‘transition’ as an interimprocess that links the past and the future, and to shift itto ‘transformation,’ which implies long-term, sustainableprocesses embedded in society and adoption of psychosocial,political and economic, as well as legal, perspectives on justice.It also involves identifying, understanding and including, whereappropriate, the various cultural approaches to justice thatcoexist with the dominant western worldview and practice. Asyncretic approach to reconciling restorative and retributivejustice is proposed as a contribution to developing transformativejustice and sustainable peacebuilding. The development of thistransformative justice model is informed by field research conductedin Cambodia, Rwanda, East Timor and Sierra Leone on the viewsand experiences of conflict participants in relation to transitionaljustice and peacebuilding.     

Reshaping Civil Society through a Truth Commission: Human Rights in Morocco's Process of Political Reform

¹Observers of Moroccan politics have debated extensively thesignificance of the country's ‘top-down’ liberalization.At this point, there is no definitive verdict on palace-guidedreforms, such as the recent Equity and Reconciliation Commission(IER). Rather, these reforms have left an ambiguous legacy.This article uses the IER – a truth commission establishedin 2004 to examine past human rights abuses, compensate victimsand ensure nonrepetition – as an analytical tool to understandhow transitional justice carried out as a strategic measureof top-down liberalization can reshape the relationship betweencivil society and the state. While the monarchy's reform effortsin Morocco have not (as of yet) led to a civil society capableof supporting a stable democratic transition, the article arguesthat these efforts have increased civil society's expectationsof gaining capacity and space to implement ethical goals anddemands. Greater expectations, in turn, have altered how themonarchy must calculate its survival strategy.     

Transitional Justice and Its Discontents: Socioeconomic Justice in Bosnia and Herzegovina and the Limits of International Intervention

ABSTRACT

The incorporation of socioeconomic concerns into transitional justice has traditionally, as a result of prevailing liberal notions about dealing with the past, been both conceptually and practically difficult. This article demonstrates and accounts for these difficulties through the case of Bosnia and Herzegovina, a country which has been characterized by a complex transition process and a far-reaching international intervention, encompassing transitional justice and peacebuilding as well as political and economic reforms. Examining the limits of international intervention in Bosnia and the marginalization of socioeconomic justice issues, the article analyses the events surrounding the protests that broke out in February 2014, and the ensuing international engagement with the protest movement. Faced with a broad-based civic movement calling for socioeconomic justice, the international community struggled to understand its claims as justice issues, framing them instead as problems to be tackled through reforms aimed at completing Bosnia’s transition towards a market economy. The operation of peacebuilding and transitional justice within the limits of neoliberal transformation is thus instrumental in explaining how and why socioeconomic justice issues become marginalized, as well as accounting for the expression of popular discontent where justice becomes an object of contestation and external intervention.     

The Priority of Legitimacy in Times of Political Transition

This paper interprets the relation between justice and legitimacy found in John Rawls's Political Liberalism and then applies it to the field of transitional justice. The author argues that transitional mechanisms can be better defended in terms of “legitimacy” than in “justice,” because the circumstances of transitional justice admit of reasonable disagreement over “just” public policy. In such circumstances, policy recommendations can always be construed as falling short of justice, thus raising plausible concerns over their normative justification. This paper attempts to answer such concerns by justifying transitional mechanisms as morally appropriate yet less than fully just. The author explains how the concept of legitimacy facilitates such a justification and how such a justification can secure the normative grounds that are ironically threatened by investigations relying on a concept of justice.     

Mapping the Nexus of Transitional Justice and Peacebuilding

ABSTRACT

This article explores the convergences and divergence between transitional justice and peacebuilding, by considering some of the recent developments in scholarship and practice. It examines the notion of ‘peace’ in transitional justice and the idea of ‘justice’ in peacebuilding. It highlights that transitional justice and peacebuilding often engage with similar or related ideas, though the scholarship in each field has developed largely in parallel to each other, and often without any significant engagement between the fields of inquiry. The article also notes that both fields share other commonalities, insofar as they often neglect questions of capital (political, social, economic) and at times, gender. It is suggested that trying to locate the nexus in the first place draws attention to where peace and justice have actually got to be produced in order for there not to be conflict and violence. This in turn demonstrates that locally, ‘peace’ and ‘justice’ do not always look like the ‘peace’ and ‘justice’ drawn up by international donors and peacebuilders; and, despite the ‘turn to the local’ in international relations, it is surprising just how many local and everyday dynamics are (dis)missed as sources of peace and justice, or potential avenues of addressing the past.     

Editorial Note

Scholarly interest in the field of transitional justice is growingrapidly. At the March 2008 meeting of the International StudiesAssociation, a world-wide organization of some 4,000 membersfounded to promote research and education in international affairs,there were multiple panels on transitional justice with topicsthat ranged from evaluations of transitional justice mechanismsto the impact of the International Criminal Court, and fromculture and transitional justice to its psychological impact– and these were only in the sessions that were devotedspecifically to the field. Other sessions addressed preventionof genocide, conflict resolution and international law –all of which can be examined through the lens of transitionaljustice as well. As we have noted in earlier editorials, thechallenges and limitations of the field are discussed at meetingsof political     

Contested Governance: Understanding Justice Interventions in Post-Qadhafi Libya

ABSTRACT

This contribution reflects upon the nexus between transitional justice and peacebuilding through a study of how transitional justice practices in post-Qadhafi Libya interacted with broader efforts to establish governance institutions in the aftermath of Libya’s 2011 armed conflict. It argues that dominant practices of transitional justice, promoted by external actors, prescribed narrow state-centric justice interventions that were ill-suited for a polity in which the state was highly contested. In fact, transitional justice proved divisive in Libya because attempts to project state-centric liberal justice practices were limited by their targeting of weak institutions that lacked local legitimacy and their inability to reconcile alternative normative frameworks that challenge the modern state. In addition, the weakness of Libya’s state institutions allowed thuwwar, or revolutionary armed groups, to dictate an exclusionary form of justice known as political isolation. Drawn from fieldwork conducted in Libya, this contribution provides lessons for both peacebuilding and transitional justice practice that call for a rethinking of teleological notions of transition and greater engagement with notions and concepts that fall outside dominant practices.     

Rebuilding the System of Justice in Afghanistan: A Preliminary Assessment

Abstract

This preliminary evaluation describes the role of international assistance in the reconstruction of the Afghan judicial system. It focuses on how international policy has both sought to develop and impose externally designed central administrative models and legal codes and also to pragmatically adapt to existing, highly decentralized, practices shaped by the Islamic tradition. The research conducted suggests that international policy in this area has done little to reinforce the central administrative control of the centre. First, regional power structures have been pragmatically accepted, as highlighted in the bypassing of a transitional justice phase, in an attempt to maintain a fragile political stability. Second, the fragmented nature of the Afghan justice system has been reinforced by the lack of coordination between the relevant international actors, which have generated a bundle of projects in the area, each advancing independently.     

Does Feminism Need a Theory of Transitional Justice? An Introductory Essay

This essay surveys feminist scholarship and praxis on transitionaljustice, examining its ongoing contribution to the conceptualizationand design of transitional justice mechanisms. We examine someof the gender implications of a specifically ‘transitional’theory of justice. The essay concludes by proposing that feministtheory should focus on how transitional justice debates helpor hinder broader projects of securing material gains for womenthrough transition, rather than trying to fit a feminist notionof justice within transitional justice frameworks.     

Local Evaluations of Justice through Truth Telling in Sierra Leone: Postwar Needs and Transitional Justice

This article presents findings from a qualitative case study of the Truth and Reconciliation Commission (TRC) in rural Sierra Leone. It adds to the sparse literature directly evaluating local experiences of transitional justice mechanisms. It investigates the conceptual foundations of retributive and restorative approaches to postwar justice, and describes the emerging alternative argument demanding attention be paid to economic, cultural, and social rights in such transitional situations. The article describes how justice is defined in Makeni, a town in Northern Sierra Leone, and shows that the TRC’s restorative approach was unable to generate a sense of postwar justice, and was, to many, experienced as a provocation. The conclusions support an alternative distributive conception of justice and show that local conception of rights, experiences of infringement and needs for redress, demand social, cultural, and economic considerations be taken seriously in transitional justice cases.     

Delivering Lasting Peace, Democracy and Human Rights in Times of Transition: The Role of International Law

¹The increasing scope of international legal regulation, particularlyin the field of human rights, has facilitated the impositionof sustained policies of domestic reform aimed at entrenchinginternationally accepted standards of governance in transitionalsocieties. At the point of such societal change, however, thesymbolism of who makes and enforces the law is important. Thequestion of the relationship between national and internationallaw is therefore one that bears scrutiny. This article examinesthe theoretical basis upon which such policies are based, namelythe idea of a liberal peace, considering the extent to whichthe blanket implementation of international standards can addressthe need of transitional societies to reestablish the legitimacyof both political and legal authority in order to ensure thefuture protection of human rights.     

The Gender of Transitional Justice: Law, Sexual Violence and the International Criminal Tribunal for the Former Yugoslavia

Recent efforts to develop and implement progressive models oftransitional justice have been significantly influenced by majordevelopments in the law concerning sexual violence in armedconflict. In particular, the International Criminal Tribunalfor the former Yugoslavia has pioneered accountability for sexualviolence against women in armed conflict. This article takesthe ICTY as a case study of how gender can structure the accountabilitymechanisms of transitional justice. The article analyses howlegal norms and practices instantiate and reiterate, ratherthan transform, existing hierarchical gender relations. It considersthe existing models of sexual violence as a criminal harm underinternational law, and then examines gendered patterns of legalpractice in ICTY prosecutions. To address this engendering oftransitional justice, the article produces a new model of theharm of sexual violence in conflict, suggests the developmentof a new international offence of sexual violence and generatesdifferent strategies for international prosecutions of sexualviolence.     

The Time That Was Broken, the Home That Was Razed: Deconstructing Slavenka Drakulic's Storytelling About Yugoslav War Crimes

¹In this article, I analyze the conceptualization of transitionaljustice underwriting Slavenka Drakuli's book, They Would NeverHurt a Fly, on the trials at the International Criminal Tribunalfor the Former Yugoslavia (ICTY) in The Hague. I adopt a criticaland deconstructive strategy of interpretation that reveals Drakuli'sidea of ‘justice for the Balkans’ as not only internallyincoherent and fractured but also politically problematic. Iintroduce two concepts as central to Drakuli's storytellingabout transitional justice in the former Yugoslavia: (i) theidea of a ‘broken time’ and (ii) the idea of a ‘razedhome.’ I conclude that Drakuli's narratives of justiceare aimed at repairing broken time and rebuilding the razedhome in a way that reveals the author's redemptive, rather thanpolitical, thinking about transitional justice.     

Masculinity and Transitional Justice: An Exploratory Essay

In recent years, there has been a growing focus on includingwomen in transitional justice processes. Some scholars questionwhether transitional justice mechanisms take obstacles for women,such as ongoing domestic violence, into account. This articlefollows this line of inquiry using the prism of ongoing violenceagainst women in South Africa. It focuses on masculinity, andquestions the degree to which masculinity, and violent masculinitiesin particular, are considered in transitional justice studies.The article calls for a nuanced understanding of masculinitiesand their relationship to transitional justice, and sets parametersfor a more concerted study of the subject.     

Transitional Injustice: Subverting Justice in Transition and Postconflict Societies

Diverse in many respects, one unifying element of research on transitional justice (TJ) concerns the fact that predicted outcomes of these processes are normatively appealing; specifically, advocates argue TJ promotes truth and reconciliation, prevents armed conflict and increases democratization. This perspective further assumes that justice efforts are implemented with these goals in mind. We argue that it is possible for governments to implement TJ without maintaining an interest in truth, peace, or democracy but rather with the intention of promoting denial and forgetting, perpetuating violence, and legitimating authoritarianism—a process we call transitional injustice. In this article, we provide indicators by which scholars and policy makers can determine if transitional injustice is taking place. To further our argument, we conduct a detailed examination of Rwandan politics following the violence of 1994 and demonstrate the ways in which the Rwandan state has been able to use justice processes towards alternative ends.     

No Future Without (Personal) Forgiveness: Reexamining the Role of Forgiveness in Transitional Justice

This article discusses the political possibilities of personal forgiveness in transitional justice. Personal forgiveness is extended by a single human victim who has been harmed by a wrongdoer. The victim forgives only that harm which has been done to him or to her. Personal forgiveness is distinguishable from three other forms of forgiveness: group forgiveness, legal forgiveness (a form of group forgiveness), and political forgiveness. In the context of transitional justice, I argue that: (1) personal forgiveness is a necessary condition for political forgiveness; (2) group forgiveness (including legal forgiveness), while not without a normative function, cannot effectuate either personal or political forgiveness, and (3) personal forgiveness requires a shared narrative framework to lead to political forgiveness. These assertions lead to two further observations. First, because the state has a normative role in its (limited) capacity to forgive on its own behalf and a practical role in its ability to spread and to transmit a shared narrative framework, the state is an important actor in political forgiveness. Second, because the primary historical example of political forgiveness in transitional justice is the South African Truth and Reconciliation Commission that unfolded within an explicitly Christian theological framework, it may be that the shared narrative framework need be religious or even Christian in nature.

Animal ethics and the political

Some of the most important contributions to animal ethics over the past decade or so have come from political, as opposed to moral, philosophers. As such, some have argued that there been a ‘political turn’ in the field. If there has been such a turn, it needs to be shown that there is something which unites these contributions, and which sets them apart from previous work. We find that some of the features which have been claimed to be shared commitments of the turn are contested by key theorists working in the field. We also find that the originality of the turn can be exaggerated, with many of their ideas found in more traditional animal ethics. Nonetheless, we identify one unifying and distinctive feature of these contributions: the focus on justice; and specifically, the exploration of how political institutions, structures and processes might be transformed so as to secure justice for both human and nonhuman animals.     

The New China: Dynamism and vulnerability

Abstract

From 1998 to 2003, the Solomon Islands found itself in the grip of ‘the Tensions’, a violent civil conflict that left some 200 people dead, more than 20,000 displaced, and countless others subjected to torture, rape, fear and intimidation. In the aftermath of the conflict, two dominant approaches to post-conflict justice emerged. The first, implemented by the Regional Assistance Mission to the Solomon Islands (RAMSI), favoured a ‘rule of law’ approach according to which large numbers of militants on both sides were arrested and processed through the criminal justice system resulting, in many cases, in the imposition of lengthy period of imprisonment. The second, ‘reconciliation’ approach, favoured local, grassroots, traditional and indigenous justice processes and were routinely implements by community groups, women's organisations and the churches. This article demonstrates that in the absence of a formally planned transitional justice process, these two approaches to post-conflict justice have come into serious tension with proponents of each accusing the other of hampering their justice efforts. It examines those tensions and analyses the extent to which the Solomon Islands’ Truth and Reconciliation Commission, designed in part to provide a bridge between the rule of law and reconciliation approaches, has been able to quell this new set of tensions.