Peace or Justice? Transitional Justice in Afghanistan

The three decades of conflict in Afghanistan have taken thelives of more than a million people and the country and itspeople have suffered the gravest violations of human rights.There is a strong desire for justice among the Afghanis, butsince the fall of the Taliban, the transitional government withits base of international support has intentionally ignoredthe calls to deal with these past injustices. While Afghanistan has come a long way towards establishing democraticinstitutions, such as parliament, failure to deal with the crimesof the past threatens the legitimacy and democratic foundationof these institutions. The country has started on a path dealing with these past injusticesby conducting a comprehensive national consultation and developinga transitional justice strategy that is coherent, multidimensionaland based on the views of the public. The success of this resultingstrategy remains precarious, however, due to both the ongoinginsecurity in the country as well as its dependence upon theunreliable political will of Afghanistan's leadership.     

Lament as Transitional Justice

Works of human rights literature help to ground the formal rights system in an informal rights ethos. Writers have developed four major modes of human rights literature as follows: protest, testimony, lament, and laughter. Through interpretations of poetry in Carolyn Forché’s anthology, Against Forgetting, and novels from Rwanda, the US, and Bosnia, I focus on the mode of lament, the literature of mourning. Lament is a social and ritualized form, the purposes of which are congruent with the aims of transitional justice institutions. Both laments and truth commissions employ grieving narratives to help survivors of human rights trauma bequeath to the ghosts of the past the justice of a monument while renewing the survivors’ capacity for rebuilding civil society in the future. Human rights scholars need a broader, extrajuridical meaning for “transitional justice” if we hope to capture its power.     

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 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.     

Geographies of Crime and Justice: Contemporary Transitional Justice and the Creation of 'Zones of Impunity'

This article explores some of the challenges that transnationalcrimes pose to the operation of transnational justice. By transnationalcrimes, we mean serious violations of international human rightsand humanitarian law that transcend national borders and areperpetrated by state or non-state actors. Many national andinternational legal mechanisms may only address a segment ofthese crimes, creating what we refer to as ‘zones of impunity.’This article examines how these dilemmas are unfolding in threeAfrican contexts: the possibility that Charles Taylor is triedfor crimes in Sierra Leone but not in Liberia; that only Congolese,and not Rwandans or Ugandans, face prosecution for crimes inIturi or elsewhere in the Democratic Republic of Congo; or thatJoseph Kony escapes prosecution in Uganda through being allowedamnesty or exile in Sudan. Our analytic framework considershow geography and politics affect legal responses to transnationalcrimes.     

Empirical Research and the Development and Assessment of Transitional Justice Mechanisms

In this paper, we demonstrate different methods of empiricalresearch available to transitional justice practitioners andscholars. Guidelines on how to conduct research in the fieldof transitional justice are outlined on the basis of the principlesof monitoring and evaluation for decision making, program developmentand policy development. We argue that such methods offer policymakers a systematic way to consult a population and constructa comprehensive view of what this population has experienced(e.g., violations), what they know (e.g., knowledge of varioustransitional justice mechanisms), what they believe in (e.g.,definition of justice) or what they need (e.g., accountability).Such knowledge is essential for developing effective evidence-basedtransitional justice programs.     

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.     

Gendered Narratives: Stories and Silences in Transitional Justice

Stories told about violence, trauma, and loss inform knowledge of post-conflict societies. Stories have a context which is part of the story-teller’s life narrative. Reasons for silences are varied. This article affirms the importance of telling and listening to stories and notes the significance of silences within transitional justice’s narratives. It does this in three ways. First, it outlines a critical narrative theory of transitional justice which confirms the importance of narrative agency in telling or withholding stories. Relatedly, it affirms the importance of story-telling as a way to explain differentiated gender requirements within transitional justice processes. Second, it examines gendered differences in the ways that women are silenced by shame, choose silence to retain self-respect, use silence as a strategy of survival, or an agential act. Third, it argues that compassionate listening requires gender-sensitive responses that recognize the narrator’s sense of self and needs.     

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.     

There Is a Crack in Everything: Problematising Masculinities,Peacebuilding and Transitional Justice

The study of masculinity, particularly in peacebuilding and transitional justice contexts, is gradually emerging. The article outlines three fissures evident in the embryonic scholarship, that is the privileging of direct violence and its limited focus, the continuities and discontinuities in militarised violence into peace time, and the tensions between new (less violent) masculinities and wider inclusive social change. The article argues for the importance of making visible the tensions between different masculinities and how masculinities are deeply entangled with systems of power and post-conflict social, political and economic outcomes. An analysis of masculine power within and between the structures aimed at building the peace in societies moving out of violence is considered essential. The article argues for an analysis that moves beyond a preoccupation with preventing violent masculinities from manifesting through the actions of individuals to considering how hidden masculine cultures operate within a variety of hierarchies and social spaces.     

'Order Out of Chaos': The Politics of Transitional Justice

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.     

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.     

Kozarac School: A Window on Transitional Justice for Returnees

The majority Bosniak town of Kozarac, now within the entityof Republika Srpska (RS), is regarded as one of the most successfulreturnee communities in Bosnia. The ethnic cleansing that thetown endured in 1992 is gradually being reversed with the re-establishmentof civic life in the town. In this difficult process, educationis at the heart of the struggle for reconstruction and recognition.This article traces the development of the Kozarac primary schoolsince the end of the war. It highlights returnees’ experiencesand obstacles they have encountered in their attempt to restoreprimary school education for children in a divided and oftenhostile post-conflict society. It illustrates how the neglectof local authorities can undermine the process of educationalreform and perpetuate identity divisions into the next generation,rather than contribute to reconciliation. The article concludesby noting that more attention needs to be paid within transitionaljustice policies to the reform of both the structure and contentof educational institutions in order to contribute to sustainablecommunity-level reconciliation.     

Argentina's National Commission on the Disappearance of Persons: Contributions to Transitional Justice

¹This article examines the contributions to transitional justicemade by the National Commission on the Disappearance of Persons(CONADEP) in Argentina; a commission established in December1983 by then constitutional president, Raúl Alfonsín,to investigate the fate of the disappeared. In particular, thearticle analyzes how CONADEP's inquiry simultaneously servedthe functions of creating a new public truth about the crimes– which were based on secrecy, the destruction of evidenceand concealment by the state – and of collecting essentiallegal evidence necessary for the prosecution of perpetrators.Finally, it explains the success of the inquiry, which was aresult of the combined efforts of Alfonsín's democraticadministration and the Argentinian human rights movement.     

Interdisciplinarity and the teaching of public policy

De Leon and Steelman (2001) addressed three deficiencies in public policy programs. This paper focuses on the first of these, arguing that public policy students can and should be exposed to a comprehensive classification of types of ethical analysis. It then briefly addresses the two other deficiencies, again with recourse to recent interdisciplinary scholarship. Students can and should be exposed to the full range of types of ethical evaluation, theories, methods, and possible side effects of policies. © 2005 by the Association for Public Policy Analysis and Management     

Feminist Research in Transitional Justice Studies: Navigating Silences and Disruptions in the Field

This paper will analyse what it takes to conduct feminist and sensitive research in countries that have seen mass human rights violations. Transitional justice research involves critical examination of difficult topics which raises a number of ethical and methodological issues for both the participants and the researchers. Although empirical research has been a facet of the studies produced in the field, researchers’ accounts of undertaking research in often politically sensitive environments is largely missing from published books and research reports. This paper is informed by personal experiences of doing research in wartime rape in the ethnically and politically divided country of Bosnia and Herzegovina. I argue that the researcher’s profile and positionality directly affects the fieldwork and that fieldwork is a dialogical process which is structured by the researcher and the wider political processes in the country.