Transitional justice and terrorism: socio-legal reflections on the problem of trials, perpetrator responsibility and accountability

Abstract

Scholars have only recently begun to link transitional justice frameworks to legal settlements after terror. In the wake of Anders Breivik’s 2011 attacks, Norway has witnessed a series of terror and mass violence events, each followed by extensive legal proceedings. These include the 2019 mosque attack, the 2021 Kongsberg killings, and the 2022 Islamist attack during Oslo Pride week. This article examines these trials as a societal, ongoing process. This research contributes to the field of transitional justice by examining how legal systems grapple with the aftermath of terror in the absence of clear-cut criminal narratives. Focus is given to how we can expand our understanding of the meaning of legal accountability in terror contexts. The central contribution of the article is to problematise the relationship between terror trials as vehicles for perpetrator responsibility, and justice and healing. Starting from the mental health narratives surrounding all the perpetrators, the article suggests that there is a tension between holding terrorists accountable and defining them as patients. To contribute to alternative ways of construing legal accountability, the article puts forward examples of how accountability for terror is being navigated and negotiated in bureaucratic, political, and international legal discourse and practice. The article is part of a special issue honouring the contributions of the late Professor Thomas Mathiesen.