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.     

Premilitary adult sexual assault victimization and perpetration in a Navy recruit sample

Female (n = 5,226) and male (n = 5,969) U.S. Navy recruits completed a survey assessing their premilitary histories of adult sexual assault (SA), defined as attempted or completed rape since the age of 14. The survey was completed under anonymous or identified conditions. Overall, 39% of women reported premilitary SA victimization and 13% of men admitted premilitary SA perpetration. As predicted, rates were significantly higher in the anonymous than in the identified condition. For the sample of women as a whole, marital status, ethnicity, and family income were associated with SA victimization; for men, only marital status was associated with SA perpetration. Compared to previous college samples, Navy recruits were more likely to have previous SA experience. Given the negative consequences associated with SA victimization and perpetration, the present study reinforces the desirability of developing additional treatment, education, and prevention programs to reduce the occurrence of SA among military recruits.     

The Special Court for Sierra Leone’s Consideration of Gender-based Violence: Contributing to Transitional Justice?

Serious gender-based crimes were committed against women and girls during Sierra Leone’s decade-long armed conflict. This article examines how the Special Court for Sierra Leone has approached these crimes in its first four judgments. The June 20, 2007 trial judgment in the Armed Forces Revolutionary Council case assists international criminal law’s limited understanding of the crime against humanity of forced marriage, but also collapses evidence of that crime into the war crime of outrages upon personal dignity. The February 22, 2008 appeals judgment attempts to correct this misstep. In contrast, the August 2, 2007 trial judgment in the Civil Defence Forces case is virtually silent on crimes committed against women and girls, although the May 28, 2008 appeals judgment attempts to partially redress this silence. This article concludes that the four judgments, considered together, raise the specter that the Special Court could potentially fail to make a significant progressive contribution to gender-sensitive transitional justice.

Commission newsletter: Winter 1982

W?adys?aw Czapliński (ed): The Polish Parliament at the Summit of Its Development (16th ‐ 17th Centuries): Anthologies (Polish Historical Library, no. 6, Marian Biskup ed.). (Zaklad Narodowy imienia Ossolińskich, Wroc?aw, 1985; pp. 214; ISBN 83 04 01861 6; pb, z? 200).

Ulrich Lange: Landtag und Ausschuß. Zum Problem der Handlungsfähigkeit landständischer Versammlungen im Zeitalter der Entstehung des frühmodernen Staates. Die weifischen Territorien als Beispiel (1500–1629). (Hildesheim: Lax, 1986). 278 pp. (Veröffentlichungen der Historischen Kommission für Niedersachsen und Bremen XXIV: Untersuchungen zur Ständegeschichte Niedersachscns. Bd. 6. DM.68).

Gerhard A. Ritter (Transl. Kim Traynor): Social Welfare in Germany and Britain: Origins and Development, (Berg Publishers, Leamington Spa and New York, ISBN 0–907582–49–4 xi, 300pp. £30; 1986).     

State supported segregation? Examining migrant clustering in schools in Ireland

Recent education policy debates in Ireland have focused on whether the dominance of the Catholic Church in primary school provision is an appropriate model for an increasingly diverse population, rather than concern with migrant clustering and/or segregation per se. Efforts to ensure that students from a range of religious or non-religious backgrounds are catered for in education contexts are to be lauded. However, this research provides clear evidence of migrant segregation as a result of how school choice impacts attendance patterns on the ground. This is not surprising, given the evidence from research on school choice which highlights the fact that it can exacerbate socio-economic and demographic segregation. As such, enshrining parental choice as the corner-stone of school provision in Ireland is flawed since it, intentionally or otherwise, builds an educational infrastructure that encourages school segregation.     

Testifying theory: Womanist intellectual thought

Sheila Rowbotham, A Century of Women: The History of Women in Britain and the United States, London: Viking, 1997, £20.

Joan Raphael‐Leff and Rosine Jozef Perelberg (eds.), Female Experience: Three Generations of British Women Psychoanalysts on Work with Women, London: Routledge, 1997, £17.99.     

Offense Type as Determinant of Revenge and Forgiveness After Victimization: Adolescents’ Responses to Injustice and Aggression

Victims of injustice and aggression may have strong feelings about the perpetrator(s) that may impede their efforts to cope with the victimizing experience. We examined to what extent adolescents’ interpersonal responses to victimization in terms of revenge and forgiveness depend on offense type. Of 455 Dutch students from various educational levels, 379 participants reported being victimized by incidents of injustice, aggression, or violence. These incidents were categorized according to type and related to respondents’ self-reported revenge, avoidance, and benevolence toward the perpetrator. Victims of criminal offenses (physical and sexual violence, theft, and threat) reported less forgiving motivations than victims of noncriminal transgressions (bullying, ostracism, and other forms of indirect aggression). Sexual violence primarily elicited avoidance, rather than revenge. Gender differences in responses to victimization depended on offense type, too. Hence, to enhance our knowledge about revenge and forgiveness after victimization, future studies may need to take offense characteristics into account.     

Can computed tomography replace or supplement autopsy?

Postmortem computed tomography (PMCT) has been integrated into the practice of many forensic pathologists. To evaluate the utility of PMCT in supplementing and/or supplanting medicolegal autopsy, we conducted a prospective double-blind comparison of abnormal findings reported by the autopsy pathologist with those reported by a radiologist reviewing the PMCT. We reviewed 890 cases: 167 with blunt force injury (BFI), 63 with pediatric trauma (under 5 years), 203 firearm injuries, and 457 drug poisoning deaths. Autopsy and radiology reports were coded using the Abbreviated Injury Scale and abnormal findings and cause of death (COD) were compared for congruence in consensus conferences with novel pathologists and radiologists. Overall sensitivity for recognizing abnormal findings was 71% for PMCT and 74.6% for autopsy. Sensitivities for PMCT/autopsy were 74%/73.1% for BFI, 61.5%/71.4% for pediatric trauma, 84.9%/83.7% for firearm injuries, and 56.5%/66.4% for drug poisoning deaths. COD assigned by reviewing PMCT/autopsy was correct in 88%/95.8% of BFI cases, 99%/99.5% of firearm fatalities, 82.5%/98.5% of pediatric trauma deaths, and 84%/100% of drug poisoning deaths of individuals younger than 50. Both autopsy and PMCT were imperfect in recognizing injuries. However, both methods identified the most important findings and are sufficient to establish COD in cases of BFI, pediatric trauma, firearm injuries and drug poisoning in individuals younger than 50. Ideally, all forensic pathologists would have access to a CT scanner and a consulting radiologist. This would allow a flexible approach that meets the diagnostic needs of each case and best serves decedents' families and other stakeholders.