This article critically examines how existing truth recovery processes have, and how proposed truth recovery processes might, address the issue of shoot-to-kill in Northern Ireland. In contrast to ongoing legacy case prosecutions of British Army veterans, it argues that truth recovery processes should adopt a maximalist conceptualization of truth and responsibility. This, it is argued, necessitates differentiating between legal truth and structural truth, and between legal, political and moral responsibility. It is further submitted that such an approach would reflect the importance of identifying and understanding patterns (looking at similar cases collectively) and context (looking at the socio-political-legal backdrop to them) when establishing the ‘broad circumstances’ around disputed killings. This approach would allow truth recovery to advance beyond low-level ‘trigger pullers’ to ensure ‘moral accountability’ for the complicity of other actors within the state apparatus.
{"title":"Truth Beyond the ‘Trigger Puller’: Moral Accountability, Transitional (In)Justice and the Limitations of Legal Truth","authors":"Kevin Hearty","doi":"10.1093/ijtj/ijab024","DOIUrl":"https://doi.org/10.1093/ijtj/ijab024","url":null,"abstract":"\u0000 This article critically examines how existing truth recovery processes have, and how proposed truth recovery processes might, address the issue of shoot-to-kill in Northern Ireland. In contrast to ongoing legacy case prosecutions of British Army veterans, it argues that truth recovery processes should adopt a maximalist conceptualization of truth and responsibility. This, it is argued, necessitates differentiating between legal truth and structural truth, and between legal, political and moral responsibility. It is further submitted that such an approach would reflect the importance of identifying and understanding patterns (looking at similar cases collectively) and context (looking at the socio-political-legal backdrop to them) when establishing the ‘broad circumstances’ around disputed killings. This approach would allow truth recovery to advance beyond low-level ‘trigger pullers’ to ensure ‘moral accountability’ for the complicity of other actors within the state apparatus.","PeriodicalId":46927,"journal":{"name":"International Journal of Transitional Justice","volume":" ","pages":""},"PeriodicalIF":1.6,"publicationDate":"2021-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49277442","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}
Fabricio Teló, A. Gasparotto, L. S. D. Medeiros, Regina Coelly Fernandes Saraiva
This article explores how Brazilian transitional justice has handled land dispossession suffered by peasants and Indigenous peoples during the dictatorship of 1964–1985. The article contextualizes the repression suffered by social movements fighting for land before and after the 1964 coup. Despite the fact that the National Truth Commission created a Working Group to investigate violence against peasants and Indigenous peoples, land dispossession was not considered a serious human rights violation. We also analyze the difficulties that peasants and Indigenous peoples have faced to access reparation programs implemented by the Brazilian state. Finally, we highlight the setbacks undertaken by the current and former federal governments (of Bolsonaro and Temer) in the field of transitional justice, which contribute to the continuation of violence and impunity in the present.
{"title":"Land and Transitional Justice in Brazil","authors":"Fabricio Teló, A. Gasparotto, L. S. D. Medeiros, Regina Coelly Fernandes Saraiva","doi":"10.1093/ijtj/ijaa035","DOIUrl":"https://doi.org/10.1093/ijtj/ijaa035","url":null,"abstract":"\u0000 This article explores how Brazilian transitional justice has handled land dispossession suffered by peasants and Indigenous peoples during the dictatorship of 1964–1985. The article contextualizes the repression suffered by social movements fighting for land before and after the 1964 coup. Despite the fact that the National Truth Commission created a Working Group to investigate violence against peasants and Indigenous peoples, land dispossession was not considered a serious human rights violation. We also analyze the difficulties that peasants and Indigenous peoples have faced to access reparation programs implemented by the Brazilian state. Finally, we highlight the setbacks undertaken by the current and former federal governments (of Bolsonaro and Temer) in the field of transitional justice, which contribute to the continuation of violence and impunity in the present.","PeriodicalId":46927,"journal":{"name":"International Journal of Transitional Justice","volume":" ","pages":""},"PeriodicalIF":1.6,"publicationDate":"2021-07-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46173233","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 Wiwa female spiritual advocacy in the Colombian Caribbean region during the postconflict period. The methodologies and practices of indigenous communities have been underappreciated in transitional justice literature about land and property rights. This article seeks to analyze spiritual and territorial advocacy by local indigenous women for the defense of their lands and their collective rights. We examine intercultural and intersectional methodologies, rituals and recollection as strategies for clarifying the ‘truth.’ These methodologies attempt to revitalize indigenous women’s advocacy for sacred sites of the Sierra Nevada de Santa Marta affected by armed conflict. These spiritual advocacy practices are one expression of the Law of Origin, the customary law as a form of telling the truth. Here, we explain how participatory action research should be used to include female indigenous techniques and conduct ethnographic observations.
{"title":"Experiences of Spiritual Advocacy for Land and Territorial Itineraries for the Defense of Wiwa Women’s Rights in Postconflict Colombia","authors":"Lejandrina Pastor, A. Santamaria","doi":"10.1093/ijtj/ijaa033","DOIUrl":"https://doi.org/10.1093/ijtj/ijaa033","url":null,"abstract":"\u0000 This article explores Wiwa female spiritual advocacy in the Colombian Caribbean region during the postconflict period. The methodologies and practices of indigenous communities have been underappreciated in transitional justice literature about land and property rights. This article seeks to analyze spiritual and territorial advocacy by local indigenous women for the defense of their lands and their collective rights. We examine intercultural and intersectional methodologies, rituals and recollection as strategies for clarifying the ‘truth.’ These methodologies attempt to revitalize indigenous women’s advocacy for sacred sites of the Sierra Nevada de Santa Marta affected by armed conflict. These spiritual advocacy practices are one expression of the Law of Origin, the customary law as a form of telling the truth. Here, we explain how participatory action research should be used to include female indigenous techniques and conduct ethnographic observations.","PeriodicalId":46927,"journal":{"name":"International Journal of Transitional Justice","volume":" ","pages":""},"PeriodicalIF":1.6,"publicationDate":"2021-07-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49378790","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}
Rocío Del Pilar Peña-Huertas, María Mónica Parada-Hernández, Natalia Abril-Bonilla, Luisa Fda Uribe-Larrota, María Camila Jiménez-Nicholls, Ana Valentina Nieto-Cruz
Some contemporary liberal states incorporate provisions that protect the relationship between ethnic communities and their lands. However, such measures are quite fragile in terms of effectively protecting the communities against market dynamics. We argue that transitional justice systems, such as that currently being implemented in Colombia, provide the mechanisms to not only guarantee the restitution of the dispossessed lands that ethnic communities have lost during armed conflict, but also to strengthen property rights by providing some guarantees to transform the socioeconomic conditions of these communities and, ultimately, to act as a shield against market dynamics.
{"title":"Collective Ownership and Land Restitution: A New Opportunity for Afro-Colombian Communities","authors":"Rocío Del Pilar Peña-Huertas, María Mónica Parada-Hernández, Natalia Abril-Bonilla, Luisa Fda Uribe-Larrota, María Camila Jiménez-Nicholls, Ana Valentina Nieto-Cruz","doi":"10.1093/ijtj/ijaa034","DOIUrl":"https://doi.org/10.1093/ijtj/ijaa034","url":null,"abstract":"\u0000 Some contemporary liberal states incorporate provisions that protect the relationship between ethnic communities and their lands. However, such measures are quite fragile in terms of effectively protecting the communities against market dynamics. We argue that transitional justice systems, such as that currently being implemented in Colombia, provide the mechanisms to not only guarantee the restitution of the dispossessed lands that ethnic communities have lost during armed conflict, but also to strengthen property rights by providing some guarantees to transform the socioeconomic conditions of these communities and, ultimately, to act as a shield against market dynamics.","PeriodicalId":46927,"journal":{"name":"International Journal of Transitional Justice","volume":" ","pages":""},"PeriodicalIF":1.6,"publicationDate":"2021-07-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47606771","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 contributes to the empirical evidence concerning the reception of transitional justice processes and the experiences of youth in contexts of authoritarian rule. It explores how eight students in the Gambia receive, perceive and experience learning about what happened in the past by watching the testimonies told at the Truth Reconciliation and Reparations Commission. Based on conversational interviews, I argue that for the students in this study, the past enters the present as rememory. By recalling their rememories, an imaginative re-construction of the Jammeh past emerges which uncovers how the biopoliticized state functioned in everyday life, how loyalty and obedience to Jammeh was indoctrinated from a young age and how children remember. By paying attention to youth’s rememories and perceptions of the revelations of truth commissions, and the meanings they attribute to these revelations, transitional justice scholars and practitioners can gain a more holistic understanding of how youth experience and make sense of transitional justice processes.
{"title":"Knowing What I Know Now: Youth Experiences of Dictatorship and Transitional Justice in the Gambia","authors":"Aminata Ndow","doi":"10.1093/IJTJ/IJAB017","DOIUrl":"https://doi.org/10.1093/IJTJ/IJAB017","url":null,"abstract":"\u0000 This article contributes to the empirical evidence concerning the reception of transitional justice processes and the experiences of youth in contexts of authoritarian rule. It explores how eight students in the Gambia receive, perceive and experience learning about what happened in the past by watching the testimonies told at the Truth Reconciliation and Reparations Commission. Based on conversational interviews, I argue that for the students in this study, the past enters the present as rememory. By recalling their rememories, an imaginative re-construction of the Jammeh past emerges which uncovers how the biopoliticized state functioned in everyday life, how loyalty and obedience to Jammeh was indoctrinated from a young age and how children remember. By paying attention to youth’s rememories and perceptions of the revelations of truth commissions, and the meanings they attribute to these revelations, transitional justice scholars and practitioners can gain a more holistic understanding of how youth experience and make sense of transitional justice processes.","PeriodicalId":46927,"journal":{"name":"International Journal of Transitional Justice","volume":" ","pages":""},"PeriodicalIF":1.6,"publicationDate":"2021-07-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46227227","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":"Origin, context and development of transitional justice","authors":"Hakeem O Yusuf","doi":"10.4324/9781315760568-1","DOIUrl":"https://doi.org/10.4324/9781315760568-1","url":null,"abstract":"","PeriodicalId":46927,"journal":{"name":"International Journal of Transitional Justice","volume":"8 1","pages":""},"PeriodicalIF":1.6,"publicationDate":"2021-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90513071","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":"Peace versus justice and rule of law debates in transitions","authors":"Hakeem O Yusuf","doi":"10.4324/9781315760568-3","DOIUrl":"https://doi.org/10.4324/9781315760568-3","url":null,"abstract":"","PeriodicalId":46927,"journal":{"name":"International Journal of Transitional Justice","volume":"86 1","pages":""},"PeriodicalIF":1.6,"publicationDate":"2021-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73195933","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}
Pub Date : 2021-07-12DOI: 10.4324/9781315760568-12
E. Christodoulidis, S. Veitch
{"title":"Apology, reconciliation and the politics of memory","authors":"E. Christodoulidis, S. Veitch","doi":"10.4324/9781315760568-12","DOIUrl":"https://doi.org/10.4324/9781315760568-12","url":null,"abstract":"","PeriodicalId":46927,"journal":{"name":"International Journal of Transitional Justice","volume":"120 1","pages":""},"PeriodicalIF":1.6,"publicationDate":"2021-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87962959","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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