transitional justice

In Simón, the Argentine Supreme Court held that two amnesty laws, adopted in the late 1980s in order to shield authors of serious human rights violations committed during the so-called ‘Dirty War’ (1976–1983), were unconstitutional and void. Although the Argentine Congress had already repealed the two laws in 2003, uncertainty about the validity of this parliamentary decision had led to some controversy.

This article offers an interpretation of transitional justice policies – the efforts of post‐conflict and post‐dictatorship societies to address the legacy of past abuses – as a form of social control. While transitional justice is commonly conceptualized as responding to a core problem of impunity, this article argues that such formulation is too narrow and leads to lack of coherence in the analysis of the diverse array of transitional mechanisms, which include among others trials, truth commissions, reparations for victims and apologies.

This article aims at drawing on sociological insights into reconciliation processes which emerge out of ethnic, national and state conflicts. First, the concept of reconciliation is interrogated as an instrument for sociological enquiry. The article locates the concept’s lexical origins in western/northern Christian traditions and identifies the usages of religious connotations in secularised strands of conflict resolution theory and praxis.

With Between Vengeance and Forgiveness, Martha Minow, Harvard law professor and one of our most brilliant and humane legal minds, offers a landmark book on justice and healing after horrific violence. Remembering and forgetting, judging and forgiving, reconciling and avenging, grieving and educating -- Minow shows us why each may be necessary, yet painfully inadequate, to individuals and societies living in the wake of past horrors. She explores the rich and often troubling range of responses to massive, societal-level oppression.

Ever since Nelson Mandela dramatically walked out of prison in 1990 after twenty-seven years behind bars, South Africa has been undergoing a radical transformation. In one of the most miraculous events of the century, the oppressive system of apartheid was dismantled. Repressive laws mandating separation of the races were thrown out. The country, which had been carved into a crazy quilt that reserved the most prosperous areas for whites and the most desolate and backward for blacks, was reunited.

Ariel Dorfman's explosively provocative, award-winning drama is set in a country that has only recently returned to democracy. Gerardo Escobar has just been chosen to head the commission that will investigate the crimes of the old regime when his car breaks down and he is picked up by the humane doctor Roberto Miranda. But in the voice of this good Samaritan, Gerardo's wife, Paulina Salas, thinks she recognizes another man--the one who raped and tortured her as she lay blindfolded in a military detention center years before.

In a sweeping review of forty truth commissions, Priscilla Hayner delivers a definitive exploration of the global experience in official truth-seeking after widespread atrocities. When Unspeakable Truths was first published in 2001, it quickly became a classic, helping to define the field of truth commissions and the broader arena of transitional justice.

The way in which mainstream human rights discourse speaks of such evils as the Holocaust, slavery, or apartheid puts them solidly in the past. Its elaborate techniques of "transitional" justice encourage future generations to move forward by creating a false assumption of closure, enabling those who are guilty to elude responsibility. This approach to history, common to late-twentieth-century humanitarianism, doesn't presuppose that evil ends when justice begins. Rather, it assumes that a time before justice is the moment to put evil in the past.

When it was first published in 1999, Crimes Against Humanity called for a radical shift from diplomacy to justice in international affairs. In vivid, non-legalese prose, leading human rights lawyer Geoffrey Robertson made a riveting case for holding political and military leaders accountable in international courts for genocide, torture, and mass murder.

Recognized as one of the most influential studies of memory in the late twentieth century, Pierre Nora's monumental project Les Lieux de mémoire has been celebrated for its elaboration of a ground-breaking paradigm for rethinking the relationship between the nation, territory, history and memory. It has also, however, been criticized for implying a narrow perception of national memory from which the legacy of colonialism was excluded.