transitional justice this can include a managed form of hybridity, deliberately bringing together the international and local in order to create more legitimate mechanisms and processes, or it can include reference to trying to understand more spontaneous forms
What Can We Learn from Hybridity?
Corinna Mullin and Ian Patel
To me, this is cinema. … Some players and officials want to reduce our transitional justice misfortunes and sufferings to mere historical anecdotes that we have to forget before any accountability and compensation. … Most associations, especially
Legal Rupture in the Extraordinary Chambers in the Courts of Cambodia
Mikael Baaz and Mona Lilja
showcase of liberal post–Cold War transitional justice and state building, the Agreements on a Comprehensive Political Settlement of the Cambodia Conflict (henceforth the Paris Peace Agreements) were signed in Paris on 23 October 1991 under UN supervision
Colonial Bureaucratic Violence, Identity, and Transitional Justice in Canada
Jaymelee J. Kim
during Canada’s transitional justice (TJ) process—an experience antithetical to the framework’s primary goals of justice, accountability, and reconciliation. Her lived reality exemplifies that of Indigenous survivors trying to understand, navigate, and
An Exploration of Power and Legitimacy in Transitional Justice
Julie Bernath and Sandra Rubli
Within transitional justice scholarship of the past ten years, “power” and “legitimacy” have increasingly become objects of study, in particular for scholars taking a critical stance to a normative conceptualization and implementation of
Resistance to Transitional Justice in Bahrain
The purpose of this article is to explore the nature of resistance to transitional justice in Bahrain. To date, much academic attention has been directed toward measuring the effects of transitional justice mechanisms on dependent variables such as
Promoting Transitional Justice through a Digital Memorial
Erik Van Ommering and Reem el Soussi
digital memorial “Transitional justice” is a term now widely adopted to capture the efforts of societies to come to terms with legacies of war, human rights violations, repression, or terror. The concept has gained prominence in post–Cold War scholarly
The following paper is a discussion of justice as a sign in transition, a sign whose meanings in post-apartheid South Africa must be legitimated by appeal to conditions radically different from those that prevailed under apartheid. I wish to explore the nature of the transformation of justice from the context of apartheid to emergent postapartheid conditions and to do so by focusing on the Truth and Reconciliation Commission (the TRC) as an example of what can be called ‘transitional justice’. A common view of the TRC is that its rules for the implementation of amnesty and other related matters should be evaluated in the light of ‘ideal types’ of justice. The TRC must fall short of such ideal types, since its offer of qualified amnesty to perpetrators of gross human rights violations in exchange for complete honesty about such violations will be understood as an exigency which dispenses with a crucial feature of justice, namely retribution.
Local responses to the International Criminal Tribunal for the former Yugoslavia
Johanna Mannergren Selimovic
This article juxtaposes local understandings and narratives on justice and reconciliation in Bosnia and Herzegovina with those of the International Criminal Tribunal for the former Yugoslavia (ICTY). By looking at notions of collective innocence/guilt, the development of victim identities, and the relativization of the suffering of the other, it explores the failure of the ICTY to offer a convincing model of transitional justice in Bosnia. Although the ICTY disciplines the boundary between victim and perpetrator through measures for shared truth and individual justice, local discourses resist or transform these representations, thus tending to entrench rather than transcend national divisions. The findings of this article challenge prevalent instrumentalist understandings of transitional justice and its role in facilitating reconciliation. The article focuses on the communities of Konjic and Srebrenica and the ICTY outreach conferences held in these towns in 2004 and 2005.
Human Rights, Transitional Justice, and Memories of Resistance in Post-Conflict Timor-Leste
This article examines the effects of human rights and transitional justice on memories of Timor-Leste’s resistance to the Indonesian occupation, which lasted from 1975 to 1999. Data comes from ethnographic fieldwork in Timor, centered around remembrance of two major acts of resistance: an armed uprising in 1983 and a peaceful demonstration in 1991. The article argues that in Timor, an “apolitical” human rights has caused a post-conflict “democratization of perpetration”, in that similar culpability is assigned to all those who caused suffering in the conflict with Indonesia through physical violence, irrespective of context. Transitional justice has thus expanded the category of perpetrator in Timor, to include some who legally used armed resistance against Indonesian rule. Studies of violence have belatedly turned toward examining perpetrators of state terror; this article examines how discourses of human rights and transitional justice shape perceptions of those who resist state terror with violence.