From Victim to Victimhood: Truth Commissions and Trials as Rituals of Political Transition and Individual Healing

Abstract

The victim has been put at the centre of states' post‐atrocity strategies to reform governance, rehabilitate state authority and promote reconciliation. This paper explores the role of the victim in the truth commissions and trials aimed at reconciliation and justice and their experiences of the outcomes. The successor state's focus on recovering victims after mass atrocity ritually inverts the former regime's project of producing them. In both truth commissions and trials the state seeks to manipulate the ‘spectacle’ of the victim's pain and suffering to publicly project the power of the state for different ends. Whereas the repressive state seeks to deepen the effects of violence as a strategy of rule, the successor state seeks to reverse the social and political effects of violence. These strategies of transitional justice have sought to reverse the effects of exclusion, to reverse the direction of state power from producing victims towards redeeming victims, from injuring to healing.Because of the problems of mass criminality and widespread impunity, truth commissions have become widely adopted in preference to trials as a bureaucratic response to bureaucratic murder. They set about producing a ‘democratising truth’ through a process of public inquiry located outside the state in the people. On the whole, the process, the public testimony and the witnessing has been better received than the product, the reports and the reparations. By contrast, trials seek to produce a societal consensus based on the recovery of the law. But in both cases the victim is redeemed through the individualising discourse of law or the polarising logic of trials which establishes the guilty and innocent. The truth of atrocity is found in affirming gross human rights abuses in victims, in transacted violence rather than the deeper structures of violence. Thus, victimhood is built on a universalising human rights discourse which overly individualises the origins of atrocity.