Security Sector Reform and Transitional Justice in Kosovo: Comparing the Kosovo Security Force and Police Reform Processes

Abstract

Transitional justice and security sector reform are critical in post-conflict settings, particularly regarding the reform of judicial systems, intelligence services, police, correctional systems, the military, and addressing systemic massive human rights abuses committed by individuals representing these institutions. Accordingly, the relationship between security sector reform and transitional justice mechanisms, such as vetting, the representation of ethnic minorities in key institutions, the resettlement and reintegration of the former combatants deserve special attention from scholars. This article presents a comparative analysis of the reform of police and security forces in Kosovo, and explores the causes of different outcomes of these two processes.     

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.     

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.     

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.     

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.     

A Resilience Approach to Transitional Justice?

ABSTRACT

Transitional justice, which is typically part of a liberal peacebuilding strategy, often seems distant, ineffective or even counter-productive. The concept of resilience, to which transitional justice discourses and scholarship have remained relatively indifferent, appears useful to explore justice initiatives in conflict or post-conflict situations. This article argues that much can be gained from better understanding the relevance of – and significant risks associated with – resilience thinking in this context. Through a critical approach to resilience, and embedded within a legal-pluralist framework, it examines some of the ways of dealing with political violence, with a particular focus on the Central African Republic.     

Transitional Justice, Interdisciplinarity and the State of the 'Field' or 'Non-Field'

¹Transitional justice appears to be an established field ofscholarship connected to a field of practice on how to dealwith past human rights abuses in societies in transition. Theoriginal focus of transitional justice discourse was that humanrights law requires accountability in transitions, rooted inthe discipline of law. Over time, this focus has been expandedto include a much broader range of mechanisms, goals and inquiriesacross a range of disciplines. In order to probe the currentstate of the field, this article argues against the currentconception of transitional justice as a praxis-based interdisciplinaryfield. It suggests that there is a hidden politics to how transitionaljustice has been constructed as an interdisciplinary field thatobscures tensions between the range of practices and goals thatit now incorporates.     

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.     

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.     

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 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.     

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.     

'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 Conceptual History of Social Justice

Social justice is a crucial ideal in contemporary political thought. Yet the concept of social justice is a recent addition to our political vocabulary, and comparatively little is known about its introduction into political debate or its early theoretical trajectory. Some important research has begun to address this issue, adding a valuable historical perspective to present-day controversies about the concept. This article uses this literature to examine two questions. First, how does the modern idea of social justice differ from previous conceptualisations of justice? Second, why and when did social justice first emerge into political discourse?