Transitional justice has become a default response when rebuilding postconflict societies. Indeed, to reconcile and move forward, it is argued that societies need to confront the violence of the past. But what factors influence when and how past violence will be addressed? We argue that judicial and quasi-judicial processes initiated while armed conflict is ongoing have a substantial impact on the judicial policies pursued once conflict has ended. Through an analysis of during- and postconflict justice in Colombia since 2000, we demonstrate that a history of addressing human rights violations makes it more likely that transitional justice will be adopted given three mechanisms: policy precedent, institutional repertories and public expectations. We analyse this relationship through global patterns of during- and postconflict justice since 1946. Our findings confirm the expectation that justice polices pursued (or not pursued) during conflict are a strong factor in understanding how the past will be addressed post conflict.
{"title":"Justice Now and Later: How Measures Taken to Address Wrongdoings during Armed Conflict Affect Postconflict Justice","authors":"H. M. Binningsbø, Bård Drange, C. Loyle","doi":"10.1093/ijtj/ijad015","DOIUrl":"https://doi.org/10.1093/ijtj/ijad015","url":null,"abstract":"\u0000 Transitional justice has become a default response when rebuilding postconflict societies. Indeed, to reconcile and move forward, it is argued that societies need to confront the violence of the past. But what factors influence when and how past violence will be addressed? We argue that judicial and quasi-judicial processes initiated while armed conflict is ongoing have a substantial impact on the judicial policies pursued once conflict has ended. Through an analysis of during- and postconflict justice in Colombia since 2000, we demonstrate that a history of addressing human rights violations makes it more likely that transitional justice will be adopted given three mechanisms: policy precedent, institutional repertories and public expectations. We analyse this relationship through global patterns of during- and postconflict justice since 1946. Our findings confirm the expectation that justice polices pursued (or not pursued) during conflict are a strong factor in understanding how the past will be addressed post conflict.","PeriodicalId":46927,"journal":{"name":"International Journal of Transitional Justice","volume":" ","pages":""},"PeriodicalIF":1.6,"publicationDate":"2023-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45866011","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In this article I explore the failures of transitional justice in post-war Sri Lanka. For most commentators this is simply explained in terms of a lack of political will. However, I argue that beyond this transitional justice in Sri Lanka is a story of epistemic violence. This is a result of its over-reliance on abstract, universalist liberal democratic theory that fails to properly grasp the historical, cultural and socio-political specificity not just of the locations where transitional justice is proposed but of the conceptual foundation of transitional justice itself. As a result, transitional justice simultaneously discounts colonial legacies while reproducing colonial categories. In the case of Sri Lanka this has resulted in a failure to fully understand and address the root causes of conflict and an inability to see and draw upon resources for reconciliation, reparation and redress.
{"title":"The Epistemic Violence of Transitional Justice: A View from Sri Lanka","authors":"K. Grewal","doi":"10.1093/ijtj/ijad016","DOIUrl":"https://doi.org/10.1093/ijtj/ijad016","url":null,"abstract":"\u0000 In this article I explore the failures of transitional justice in post-war Sri Lanka. For most commentators this is simply explained in terms of a lack of political will. However, I argue that beyond this transitional justice in Sri Lanka is a story of epistemic violence. This is a result of its over-reliance on abstract, universalist liberal democratic theory that fails to properly grasp the historical, cultural and socio-political specificity not just of the locations where transitional justice is proposed but of the conceptual foundation of transitional justice itself. As a result, transitional justice simultaneously discounts colonial legacies while reproducing colonial categories. In the case of Sri Lanka this has resulted in a failure to fully understand and address the root causes of conflict and an inability to see and draw upon resources for reconciliation, reparation and redress.","PeriodicalId":46927,"journal":{"name":"International Journal of Transitional Justice","volume":" ","pages":""},"PeriodicalIF":1.6,"publicationDate":"2023-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45864844","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Transitional justice in Spain is still an ongoing process. This article examines the impact of memory laws and the rise of the radical right on transitional justice measures and the historical memory movement in Spain. It contends that the continued application of the 46/1977 Amnesty Law and the campaigning by radical right party Vox to repeal memory laws left a legal vacuum that precipitated interventions by memory activist groups. It is argued that these protest actions are a form of advocacy for participatory transitional justice. The article first focuses on Andalusia’s 2017 memory law and the rise of Vox in the region. Subsequently, it examines the effect of the state’s Democratic Memory Law (2022) on memory and justice measures and argues that both bottom-up approaches by civil society organizations and top-down measures by state actors are essential to transform Spain into a society anchored in the five pillars of transitional justice.
{"title":"Memory Activism as Advocacy for Transitional Justice: Memory Laws, Mass Graves and Impunity in Spain","authors":"Andrea Hepworth","doi":"10.1093/ijtj/ijad017","DOIUrl":"https://doi.org/10.1093/ijtj/ijad017","url":null,"abstract":"\u0000 Transitional justice in Spain is still an ongoing process. This article examines the impact of memory laws and the rise of the radical right on transitional justice measures and the historical memory movement in Spain. It contends that the continued application of the 46/1977 Amnesty Law and the campaigning by radical right party Vox to repeal memory laws left a legal vacuum that precipitated interventions by memory activist groups. It is argued that these protest actions are a form of advocacy for participatory transitional justice. The article first focuses on Andalusia’s 2017 memory law and the rise of Vox in the region. Subsequently, it examines the effect of the state’s Democratic Memory Law (2022) on memory and justice measures and argues that both bottom-up approaches by civil society organizations and top-down measures by state actors are essential to transform Spain into a society anchored in the five pillars of transitional justice.","PeriodicalId":46927,"journal":{"name":"International Journal of Transitional Justice","volume":" ","pages":""},"PeriodicalIF":1.6,"publicationDate":"2023-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49401568","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
For the approximately one million Rohingya forced to flee Myanmar since October 2016, unfolding proceedings in both the International Court of Justice (ICJ) and the International Criminal Court (ICC) present potential avenues for securing justice. Yet, for male and gender-diverse victims of sexual violence, whose experiences have historically been overlooked in international criminal law, justice requires recognition of all the crimes committed against them. This article demonstrates that the burgeoning narrative of events constructed in and by both the ICJ and the ICC is one which sidelines the experiences of male and gender-diverse victims of sexual violence. By comparing publicly available filings and decisions of the ICJ and the ICC with reports produced by UN bodies and nongovernmental organizations, and drawing upon insights gained from interviews with lawyers working with the Rohingya, I expose the gaps in the emerging narrative of Rohingya victimization and explain the reasons behind them.
{"title":"Male and Gender-Diverse Victims of Sexual Violence in the Rohingya Genocide: The Selective Narrative of International Courts","authors":"Victoria Hospodaryk","doi":"10.1093/ijtj/ijad013","DOIUrl":"https://doi.org/10.1093/ijtj/ijad013","url":null,"abstract":"For the approximately one million Rohingya forced to flee Myanmar since October 2016, unfolding proceedings in both the International Court of Justice (ICJ) and the International Criminal Court (ICC) present potential avenues for securing justice. Yet, for male and gender-diverse victims of sexual violence, whose experiences have historically been overlooked in international criminal law, justice requires recognition of all the crimes committed against them. This article demonstrates that the burgeoning narrative of events constructed in and by both the ICJ and the ICC is one which sidelines the experiences of male and gender-diverse victims of sexual violence. By comparing publicly available filings and decisions of the ICJ and the ICC with reports produced by UN bodies and nongovernmental organizations, and drawing upon insights gained from interviews with lawyers working with the Rohingya, I expose the gaps in the emerging narrative of Rohingya victimization and explain the reasons behind them.","PeriodicalId":46927,"journal":{"name":"International Journal of Transitional Justice","volume":" ","pages":""},"PeriodicalIF":1.6,"publicationDate":"2023-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45042873","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Victims’ groups in postconflict settings have gained increasing attention in transitional justice scholarship and programming, as entry points for victims to engage with external transitional justice mechanisms, or as vehicles to facilitate healing, recovery or justice making on the micro level. These groups are often presented in terms of local ownership, victims’ participation and self-reliance. Based on work in Uganda, I have previously argued that victims’ groups constitute locally owned and sustainable resources that can facilitate a sense of justice for survivors on their own terms. Yet, based on recent field research observations, I have to ask myself: how locally owned and sustainable are these groups really? Due to a lack of donor support and external resources, the group that I worked with has become inactive since 2020. In this Note, I explore the reasons for and implications of this, with the intention of critically engaging with some of my previous arguments.
{"title":"How Locally Owned and Sustainable Are Victims’ Groups in Postconflict and Transitional Settings? Reflections from Northern Uganda","authors":"Philipp Schulz","doi":"10.1093/ijtj/ijad014","DOIUrl":"https://doi.org/10.1093/ijtj/ijad014","url":null,"abstract":"\u0000 Victims’ groups in postconflict settings have gained increasing attention in transitional justice scholarship and programming, as entry points for victims to engage with external transitional justice mechanisms, or as vehicles to facilitate healing, recovery or justice making on the micro level. These groups are often presented in terms of local ownership, victims’ participation and self-reliance. Based on work in Uganda, I have previously argued that victims’ groups constitute locally owned and sustainable resources that can facilitate a sense of justice for survivors on their own terms. Yet, based on recent field research observations, I have to ask myself: how locally owned and sustainable are these groups really? Due to a lack of donor support and external resources, the group that I worked with has become inactive since 2020. In this Note, I explore the reasons for and implications of this, with the intention of critically engaging with some of my previous arguments.","PeriodicalId":46927,"journal":{"name":"International Journal of Transitional Justice","volume":" ","pages":""},"PeriodicalIF":1.6,"publicationDate":"2023-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45886407","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Can dealing with a history of violent conflict through transitional justice help to rebuild social trust? Addressing three gaps in the current literature, we (1) analyse the effect of transitional justice on social trust, thereby going beyond the predominant focus on renewed violence; (2) use novel, handcoded data to take donor support for transitional justice into account, a relevant but mostly overlooked factor; and (3) systematically investigate the combined effect of transitional justice instruments using qualitative comparative analysis. The analysis covers 24 cases in 19 postconflict countries over the period 1990–2010. Our results indicate that transitional justice needs to go beyond a narrow focus on victims or perpetrators to foster trust in postconflict societies. We find that combining victim restitution with amnesties or taking a broader, societal approach by focusing on truth-finding or bridge-building activities can increase trust. Moreover, international transitional justice support can play an important role in fostering trust, even in the absence of major national transitional justice processes.
{"title":"Dealing With the Past for a Peaceful Future? Analysing the Effect of Transitional Justice Instruments on Trust in Postconflict Societies","authors":"Charlotte Fiedler, Karina Mross","doi":"10.1093/ijtj/ijad010","DOIUrl":"https://doi.org/10.1093/ijtj/ijad010","url":null,"abstract":"\u0000 Can dealing with a history of violent conflict through transitional justice help to rebuild social trust? Addressing three gaps in the current literature, we (1) analyse the effect of transitional justice on social trust, thereby going beyond the predominant focus on renewed violence; (2) use novel, handcoded data to take donor support for transitional justice into account, a relevant but mostly overlooked factor; and (3) systematically investigate the combined effect of transitional justice instruments using qualitative comparative analysis. The analysis covers 24 cases in 19 postconflict countries over the period 1990–2010. Our results indicate that transitional justice needs to go beyond a narrow focus on victims or perpetrators to foster trust in postconflict societies. We find that combining victim restitution with amnesties or taking a broader, societal approach by focusing on truth-finding or bridge-building activities can increase trust. Moreover, international transitional justice support can play an important role in fostering trust, even in the absence of major national transitional justice processes.","PeriodicalId":46927,"journal":{"name":"International Journal of Transitional Justice","volume":" ","pages":""},"PeriodicalIF":1.6,"publicationDate":"2023-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43372571","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article explores litigation as a practice of memorialization through a qualitative study of the legal mobilization to halt and re-site the Norwegian national memorial for the 22 July 2011 terror attack. In arguing that adversarial legal processes initiated by grassroots actors can represent a form of commemorative work with an ambiguous societal status, the article contributes to the emergent literature on transitional justice practices in established democracies and in post-terror contexts. In the Norwegian case, the law became an arena for contested negotiations over the hierarchy of victims. The litigation process also shaped how the fallout of 22 July is understood. Furthermore, this mobilization engendered frictions regarding the potential of future 22 July commemorations to perpetuate trauma. Litigation may be understood as a rupture with the national narrative of law as an accountability tool, because of the stigma and unresolved and painful contestation around democratic citizenship that it produces.
{"title":"Transitional Justice in Post-terror Contexts: The Norwegian 22 July Memorial and the Ambiguity of Litigation","authors":"K. Sandvik","doi":"10.1093/ijtj/ijad012","DOIUrl":"https://doi.org/10.1093/ijtj/ijad012","url":null,"abstract":"\u0000 This article explores litigation as a practice of memorialization through a qualitative study of the legal mobilization to halt and re-site the Norwegian national memorial for the 22 July 2011 terror attack. In arguing that adversarial legal processes initiated by grassroots actors can represent a form of commemorative work with an ambiguous societal status, the article contributes to the emergent literature on transitional justice practices in established democracies and in post-terror contexts. In the Norwegian case, the law became an arena for contested negotiations over the hierarchy of victims. The litigation process also shaped how the fallout of 22 July is understood. Furthermore, this mobilization engendered frictions regarding the potential of future 22 July commemorations to perpetuate trauma. Litigation may be understood as a rupture with the national narrative of law as an accountability tool, because of the stigma and unresolved and painful contestation around democratic citizenship that it produces.","PeriodicalId":46927,"journal":{"name":"International Journal of Transitional Justice","volume":" ","pages":""},"PeriodicalIF":1.6,"publicationDate":"2023-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45372233","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Becoming More Informed about Informers","authors":"","doi":"10.1093/ijtj/ijad011","DOIUrl":"https://doi.org/10.1093/ijtj/ijad011","url":null,"abstract":"","PeriodicalId":46927,"journal":{"name":"International Journal of Transitional Justice","volume":" ","pages":""},"PeriodicalIF":1.6,"publicationDate":"2023-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41821069","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Beatriz E Mayans-Hermida, Barbora Holá, C. Bijleveld
The peace agreement signed by the Colombian government and the FARC has an innovative sanctioning regime which, based on a restorative approach, offers non-custodial sanctions as a less punitive form of punishment for international crimes. However, given their leniency, these ‘special sanctions’ have caused controversy. Based on qualitative interviews, this study explores the perceptions of different stakeholders concerning various issues related to the special sanctions’ nature, goals, processes, (envisioned) outcomes and challenges. Our findings reveal that most participants perceive these sanctions as a tool that can modestly help repair the damage done, reintegrate (certain) offenders into society, and promote coexistence. Only a limited number of respondents saw these sanctions as punishment. For several participants, the special sanctions may be an alternative accountability measure to prison. However, this seems to depend on meeting certain preconditions, victims’ participation, the type of crime and the offender’s rank and affiliation.
{"title":"Between Impunity and Justice? Exploring Stakeholders’ Perceptions of Colombia’s Special Sanctions (Sanciones Propias) for International Crimes","authors":"Beatriz E Mayans-Hermida, Barbora Holá, C. Bijleveld","doi":"10.1093/ijtj/ijad009","DOIUrl":"https://doi.org/10.1093/ijtj/ijad009","url":null,"abstract":"\u0000 The peace agreement signed by the Colombian government and the FARC has an innovative sanctioning regime which, based on a restorative approach, offers non-custodial sanctions as a less punitive form of punishment for international crimes. However, given their leniency, these ‘special sanctions’ have caused controversy. Based on qualitative interviews, this study explores the perceptions of different stakeholders concerning various issues related to the special sanctions’ nature, goals, processes, (envisioned) outcomes and challenges. Our findings reveal that most participants perceive these sanctions as a tool that can modestly help repair the damage done, reintegrate (certain) offenders into society, and promote coexistence. Only a limited number of respondents saw these sanctions as punishment. For several participants, the special sanctions may be an alternative accountability measure to prison. However, this seems to depend on meeting certain preconditions, victims’ participation, the type of crime and the offender’s rank and affiliation.","PeriodicalId":46927,"journal":{"name":"International Journal of Transitional Justice","volume":" ","pages":""},"PeriodicalIF":1.6,"publicationDate":"2023-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46264402","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Ana Iris Loperena, Fabián Rosas, P. Cáceres, Laura Carianil, A. Santamaria
The peace agreement with the Fuerzas Armadas Revolucionarias de Colombia involved both gender- and ethnic-based approaches. However, crimes against the sexual freedom and integrity of indigenous women and related territorial rights reparations continue to be problematic. Notably, no in-depth knowledge exists regarding the individual and collective effects of sexual and environmental violence on indigenous women, the obstacles hindering their access to ordinary justice, special indigenous jurisdiction or peace jurisdiction. Therefore, this study aims to analyse the conceptualizations of restorative justice and reparation from the perspective of indigenous Wiwa women. To do so, it focuses on the case of the Marokazo and Teyunke regions, examining some important characteristics of indigenous reparation processes vis-à-vis sexual and environmental violence against this community. It also explores the individual conditions underlying the development of local indigenous reparation processes and the place of biological materials and natural resources in these reparation processes.
{"title":"Reparations for Indigenous Women Subjected to Sexual and Environmental Violence in the Colombian Post-Peace Agreement","authors":"Ana Iris Loperena, Fabián Rosas, P. Cáceres, Laura Carianil, A. Santamaria","doi":"10.1093/ijtj/ijad004","DOIUrl":"https://doi.org/10.1093/ijtj/ijad004","url":null,"abstract":"\u0000 The peace agreement with the Fuerzas Armadas Revolucionarias de Colombia involved both gender- and ethnic-based approaches. However, crimes against the sexual freedom and integrity of indigenous women and related territorial rights reparations continue to be problematic. Notably, no in-depth knowledge exists regarding the individual and collective effects of sexual and environmental violence on indigenous women, the obstacles hindering their access to ordinary justice, special indigenous jurisdiction or peace jurisdiction. Therefore, this study aims to analyse the conceptualizations of restorative justice and reparation from the perspective of indigenous Wiwa women. To do so, it focuses on the case of the Marokazo and Teyunke regions, examining some important characteristics of indigenous reparation processes vis-à-vis sexual and environmental violence against this community. It also explores the individual conditions underlying the development of local indigenous reparation processes and the place of biological materials and natural resources in these reparation processes.","PeriodicalId":46927,"journal":{"name":"International Journal of Transitional Justice","volume":" ","pages":""},"PeriodicalIF":1.6,"publicationDate":"2023-04-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43362317","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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