Transitional Justice Mechanisms Research Articles

Making or breaking the cycle of corruption: Exploring the impact of transitional justice on corruption in postconflict countries

Does the implementation of transitional justice (TJ) mechanisms such as trials, truth commissions, and institutional reforms reduce corruption by enhancing accountability, building trust, and creating a culture of deterrence? Although prior work has studied whether economic crimes should be included in TJ agendas, TJ’s potential to address corruption has been mostly overlooked. On the one hand, theory suggests that TJ could reduce corruption; yet, on the other, it indicates that TJ mechanisms are not effective enough at solving deep-rooted corruption. Testing these opposing arguments using data from 106 postconflict countries that experienced conflict between 1946 and 2006, I find that the implementation of TJ and corruption are not statistically associated. However, when I further investigate this relationship with only “well-implemented” TJ mechanisms, purges are found to be negatively associated with political corruption and amnesties are positively associated with regime corruption.

A turning-point for transitional justice? Political violence in Zimbabwe, and transformative justice as a way forward

Since 2000, elections in Zimbabwe have been hotly disputed and marred by violence. Victims of politically orchestrated violence have received neither apology nor compensation from the government. Whilst transitional justice mechanisms such as the due processes of law, closure for victims, indemnification, and the restructuring of state institutions are essential to ensure justice, there is a need to go beyond the legal system and focus on socio-economic issues. Transitional justice's emphasis on the state and institutions is not enough, margins, places greater emphasis on transformative justice, which it sees as a step towards grassroots reconciliation and the prevention of further rights violations. Transformative justice emphasises peacebuilding initiatives, as well as conflict transformation and development, in the interests of securing sustainability in the future. The study does not dismiss or reject transitional justice as a field of practice and scholarship, but argues rather that transformative justice can complement it. While transitional justice should be applauded for identifying the core themes that characterise and establish a terminus a quo for ensuring justice, the dilemmas raised in allied disciplines and contemporary scholarship and practice call for a broader framework informed by an intersectional analysis of the complexities and contradictions of state -society relations.

The Facade of Justice: Transitionless Transitional Justice of Ethiopia

The Ethiopian government has committed to a transitional justice process to address gross human rights violations through investigation, prosecution, truth-finding and revelation, reconciliation, conditional amnesty, reparation, and institutional reforms. Despite these efforts and international support, this mechanism will unlikely resolve Ethiopia's political and security issues. The government's lack of intent to cease ongoing conflicts and its continued human rights violations hinder effective participation in implementing the transitional justice process. Furthermore, the involvement of non-state and foreign actors, which are beyond the state’s authority, in gross human rights violations undermines accountability. Victims and witnesses in conflict zones face significant barriers to participation due to the government's limited reach and fear of retribution. Gross human rights violations by the government and the Ethiopian National Defense Force raise doubts about the accountability of civil and military leaders through a government-controlled transitional justice mechanism. To address these challenges, the current government should relinquish power to a transitional government to mitigate undue influence on the justice process, cease hostilities, and hold officials accountable. If the government resists establishing a transitional government, a hybrid court with foreign judges and prosecutors should handle high-profile cases, while domestic courts, with strict measures to ensure impartiality and independence, should address other cases.

Saving Kurapaty: The Memorialisation of Victims of Political Repressions in Belarus as a Transitional Justice Mechanism

Abstract This article examines the memorialisation of victims of political repressions as part of a transitional justice policy. By drawing on insights from memory studies, it reveals how such memorialisation practices can become a dynamic transitional justice mechanism developed by grassroots movements. The case study in focus is the arrangement of memorials to the victims of Stalinist repressions in Kurapaty near Minsk, Belarus, identifying societal actors participating in memorialisation practices and exploring their values. This study provides a more complex understanding of questions concerning transitional justice, memorialisation, and material traces of traumatic memory embodied in the memorials.

From crime to punishment. The role of transitional justice mechanisms in strengthening the internal security of a state on the example of Ukraine (2022-2023)

From crime to punishment. The role of transitional justice mechanisms in strengthening the internal security of a state on the example of Ukraine (2022-2023)

Between Positive Complementarity and Magical Legalism: Colombia and International Criminal Justice

Abstract This article offers an overview and analysis of the findings regarding the case of Colombia within the EU cost Action ca18228 (the Action) and the Scoping Survey examining states’ encounters with international criminal justice. It explores Colombia’s nuanced and multifaceted approach to international criminal justice frameworks, focusing on the intersection of transnational crimes and the intricate dynamics of internal armed conflicts. It presents Colombia’s multi-scalar legal approach to attempting to establish a positive complementarity and multilevel rule-of-law system, acknowledging the challenges inherent in integrating international law with diverse levels of governance and local legislation. It highlights how the ongoing implementation of the peace process and transitional justice mechanisms have sparked debates about striking the delicate balance between peace and justice, conducting in some cases expressions of magical legalism. This article’s significance rests in the idea that Colombia’s experience serves as an illustrative case study of the complexities involved in applying a multi-scalar positive complementarity legal approach and multilevel legal framework in the pursuit of justice for both national and international crimes.

Private violence, public justice: addressing intimate partner violence in truth commissions

ABSTRACT Despite being the most prevalent form of violence in transitional settings emerging from armed conflict or authoritarian repression, intimate partner violence (IPV) has not been explicitly addressed in the mandate or investigation of any truth commission to date. Yet, using my original Gender Violence in Truth Commissions (GVTC) database, I shockingly found that one quarter of all truth commissions include references to IPV in their final reports. This article explores the tension between the lack of explicit inclusion of IPV in transitional justice processes such as truth commissions and the appearance of these references. I first outline the theoretical argument for why IPV should be included within transitional justice mechanisms. Obstacles to explicit inclusion of IPV are then identified, such the belief that it is a “private” form of harm unrelated to armed conflict or authoritarianism. By analyzing GVTC data, I show that IPV theoretically should and practically can be addressed within transitional justice processes, at least within truth commissions, and reveal characteristics that have enabled IPV to emerge within final reports. This article is the first systematic cross-national analysis of IPV within transitional justice, and the first work specifically on IPV and truth commissions.

Transitional Justice in Albania, Kosovo, and North Macedonia in a Comparative Framework

This thesis aims to enhance transitional justice studies with a focus on the Balkan peninsula, by providing a comparative analysis of the extent of transitional justice mechanisms in Albania, Kosovo, and North Macedonia. With the fall of military dictatorships in Latin America in the 1980s, the breakup of the Soviet Union, and the emergence of new states in the 1990s, the concept of Transitional Justice (TJ) saw a significant rise in the late 1980s and early 1990s. This was further propelled by the fall of the Berlin Wall (1989), the prolonged breakup of the Socialist Federal Republic of Yugoslavia (1992) as well as the fall of the communist dictatorship in Albania (1990). The emergence of new states and the state-building processes that followed the political and social changes also brought new challenges and conflicts, although they marked the end of significantly repressive political regimes. Considering that the implementation of TJ has undergone several changes over time and is dependent on the different settings in which it was employed, it is necessary to conduct extensive comparative research to determine the extent to which TJ differs in post-communist and post-conflict nations. The study has developed three main hypotheses: (1) The limited achievement of lustration law in Albania has conditioned the current status of transitional justice; (2) The state-building process has contributed to the evolution of Transitional Justice in Kosovo; (3) The power-sharing process as a TJ pillar in North Macedonia has fueled TJ in the country. By utilizing a mixed methods approach, data was collected through elite interviews, conducted in the three countries with 44 representatives from academia, politics, media, and civil society. To conclude, two hypotheses are fully upheld in terms of the limited achievement of lustration law and its implications with the current status of transitional justice in Albania; and the contribution of state-building in Kosovo to the evolution of transitional justice. The third hypothesis related to the power-sharing process in North Macedonia as a fueling mechanism for the evolution of transitional justice is partially upheld. Received: 13 February 2024 / Accepted: 30 April 2024 / Published: 5 May 2024

Learning from Civil Society Actors in Turkey: Using Transitional Justice in an Ongoing Conflict

ABSTRACT∞ This article examines the role of civil society in the implementation of transitional justice in Turkey’s ongoing Kurdish conflict, which is characterized by historical state violence and a lack of official transitional justice processes. Drawing on 24 interviews, the research reveals the evolution of civil society engagement from its peak during the 2013–2015 peace process to its decline under increasing authoritarianism. The research argues that, despite challenges, civil society retains the potential to drive incremental change in the absence of formal transitional justice mechanisms. However, the authoritarian regime has significantly curtailed its capacity, creating a limited civic space for transitional justice. The article highlights the need for stronger links between civil society in Turkey and international transitional justice scholarship. Such collaboration could empower activists, enabling them to overcome challenges and increase their effectiveness. Turkey offers a unique case for transitional justice scholars and practitioners to learn from civil society actors committed to pursuing justice.

Singing truth to power: Transformative (gender) justice, musical spatialities and creative performance in periods of transition from violence

Feminist security studies have demonstrated that transitional justice processes worldwide have largely fallen short in providing actual transformative justice for women and that many gendered war experiences remain largely unaccounted for. Through an activist-academic collaboration and mobilizing feminist scholarship on war, embodiment and emotions together with literature on transitional justice and the arts, this article argues that women’s collective artistic resistance can foster deeper cultural and structural changes in transitional justice settings. By delving into the case of the women’s music collective Enkelé in Colombia, the article examines the creative possibilities afforded by music and choreography to document and testify to an enduring culture of violence and their role in probing the effectiveness of post–peace agreement transitional justice. We contend that paying attention to musical performances is key because these can express new visions of justice that are not constrained by the limits of what is possible and feasible in formal transitional justice mechanisms and can offer corporeal connectivity able to bring together communities fractured by war and armed conflict and to give visibility to knowledges and practices of memory and healing of marginalized communities.

Just collateral damage? Accountability of economic elites in peacebuilding and transitional justice in Colombia

AbstractAnalyzing how transitional justice (TJ) mechanisms address the role of economic and political elites in contexts of widespread violence is crucial for understanding their possible transformative impact. The type of challenges faced by TJ instruments when trying to deal with economic elites involved in human rights violations also reflects the extent and degree of these groups' power in a specific transitional context. Looking at the two main transitional justice processes in Colombia, this paper argues that accountability for these privileged actors tends to materialize in cases in which the alliances between different kinds of elites are threatened, or even collapse. However, as this article will show, judicial TJ mechanisms on their own can only have a very limited transformative impact on the accountability of economic elites and their liability for human rights violations in the absence of strong support by state institutions. TJ instruments can provide an exceptional framework to trigger and motivate meaningful transformations. Nonetheless, the concrete realization of these changes far exceeds the possibilities, capacity, and resources of TJ, which in and of itself cannot replace state institutions, especially an ordinary justice system that should continue to make progress on these cases.

Truth Commissions and the Prevention of Targeted Mass Killings

ABSTRACT While transitional justice endeavors aim to help countries come to terms with violent pasts, policymakers and practitioners often claim that transitional justice mechanisms help prevent future violence as well. No cross-national research has tested this claim, however. This article begins to fill this gap by examining whether one of the most frequently used mechanisms of transitional justice, the truth commission, is associated with the onset of targeted mass killings (TMKs) in 27 countries between 1972 and 2018. Our differences-in-differences estimation approach finds that countries that have implemented truth commissions see a significant reduction in the recurrence of TMKs compared to those countries that did not implement a truth commission. Additional analyses reveal that while issuance of a final report and recommendations for reforms are not associated with the onset of TMKs, truth commissions that do not recommend the punishment of perpetrators are more likely to reduce TMKs in the years following the truth commission. The article ends by discussing the functions of truth commissions and proposing how their preventive capacity may be strengthened further through the application of an atrocity prevention lens.

Legacies of Colonial Violence in Contemporary Transitional Justice: Memories of Mau Mau, the ‘Kapenguria Six’ and the ‘Ocampo Six’ in Kenya

ABSTRACT∞ This article assesses the enduring impact of colonial violence in responses to modern conflict by transitional justice mechanisms. It presents an example of how societies continue to be structured by racial and colonial injustice and how this influences contemporary transitional justice. This is done through an analysis of the popular memory of the Mau Mau insurgency from 1952 to 1960 in Kenya, the trial of the six Kenyan nationalists known as the ‘Kapenguria Six’ by the British colonial administration and the trials of six Kenyans alleged to be most responsible for orchestrating the 2007–2008 post-election violence in Kenya, known as the ‘Ocampo Six’ before the International Criminal Court (ICC). In the Kenyan context, the influence of memories of colonial violence enabled the promotion of political agendas and arguably coloured public debate surrounding the two Kenya cases before the ICC. Transitional justice mechanisms such as the ICC do not operate in an ahistorical vacuum and international criminal trials as a form of transitional justice may be contested where there is no genuine accountability, redress or reparations for victims of colonial crimes. However, the juxtaposition of colonial crimes and the ICC prosecutions in Kenya also raises important questions relating to accountability for historical crimes in former colonies, the temporal limitations of transitional justice mechanisms and their unequal application.

The Post-Ongwen Case Period and the Reconciliation Process in Northern Uganda: Local Communities as a Site of Knowledge

Abstract By providing victims with more space in the Ongwen case, the International Criminal Court (icc) has significantly contributed to the healing of the trauma and community reconciliation in northern Uganda. That said, this court has also raised issues that could affect local efforts to achieve peace, namely the positioning of victims of child soldiers vis-à-vis criminal child soldiers. Drawing on qualitative data collected through focus group discussions with some community members from locations under investigation by the icc, this sociolegal study examines the victims’ narratives about child soldiers and the different ideas of human rights that emerge. Then, it explores how these ideas may shape future transitional justice mechanisms designed in the global sphere. Finally, it discusses the extent to which they may impact the relevance of current justice initiatives. Overall, this paper analyzes the substantive effect of victim participation in the Ongwen case on local peacebuilding initiatives in northern Uganda.

Law, political economy and war reparation: The case of Bosnia and Herzegovina

AbstractWhat are the after‐effects of the Bosnia and Herzegovinian (BH) transition from a post‐socialist, post‐genocide, and post‐ethno‐nationalist state into a European liberal democracy? This article makes a case for war reparation and argues that while poverty reduction has not been among the stated aims of transitional justice mechanisms, it is of critical importance to study war victims' deprivation in the context of historical patterns of structural injustice and examine liberal reconstruction policies that failed to provide compensation and legal redress for gross violations of human rights and serious violations of humanitarian law. The article uses the historical sociology approach as a method of analysis to investigate how moving away from a socialist to a capitalist economic model, from war to peace, and from one party political system to liberal democracy has resulted in structural injustice and growing levels of poverty that adversely impact most vulnerable Bosnians. The article presents an argument that the lack of post‐war reparation programs, coupled with an inadequate emphasis on political regime change, poverty reduction programs and social and economic rights such as access to welfare, cash assistance, food, transportation, education, pension, and disability benefits to ensure the quality of living is detrimental to everyday lives of war victims and people who live at the bottom of the society.

Transitional Justice Status in Albania Through Local Perceptions

This research article aims to enhance regional studies with a focus on the Balkan peninsula, by providing a comprehensive analysis of the extent of transitional justice mechanisms in Albania and its local perception among the citizens. With the fall of military dictatorships in Latin America in 1980s, the breakup of the Soviet Union and the emergence of new states in 1990s, the concept of Transitional Justice (TJ) saw a significant rise in the late 1980s and early 1990s. This was further propelled by the fall of the Berlin Wall (1989), the prolonged breakup of the Socialist Federal Republic of Yugoslavia (1992) as well as the fall of the communist dictatorship in Albania (1990). The emergence of new states and the state-building processes that followed the political and social changes also brought new challenges and conflicts, although they marked the end of significantly repressive political regimes. Considering that the implementation of TJ has undergone several changes over time and dependent of the different settings in which it was employed, it is necessary to conduct extensive research to determine the extent to which TJ differs in post-communist and post-conflict nations. The main research question of this article is: How is reflected the current status of transitional justice in Albania in the lens of public perceptions? To achieve the goal, this article employs quantitative data through a survey conducted with 1021 respondents in Albania. The results of the study show that there are significant differences between the responses of participants who reported having knowledge of Transitional Justice and those who reported being unaware, particularly with their understanding of the number of victims affected. p-value <0.05.
 
 Received: 6 September 2023 / Accepted: 29 November 2023 / Published: 5 January 2024

Addressing environmental damages in contexts of armed conflict through transitional justice in Colombia

Abstract It is unquestionable that Colombian armed conflicts have had adverse impacts on the natural environment in the country. Current transitional justice mechanisms offer an opportunity to recognize harm and responsibility, establish restorative sanctions and reparations and adopt public policies for the recovery of ecosystems and prevention of further damage. This article focuses on how transitional justice mechanisms, especially the Special Jurisdiction for Peace, have addressed the effects of armed conflicts on the natural environment. Specifically, it analyzes the criminal characterization of environmental degradation, the question of whether amnesties and pardons could be granted for such conducts, precautionary measures and the implementation of restorative sanctions related to the environment. It presents some challenges regarding the preservation of the natural environment due to the persistence of armed conflicts after the 2016 Peace Accord between the government and the FARC-EP guerrillas, and the sustainability of reparations for victims and prevention of further damage. It also sustains that the developments of current transitional justice mechanisms may have significant influence on ongoing and future peace negotiations with other armed groups and the processes for establishing responsibility for environmental damages.

The ‘Domino Effect’ of Ongoing Violence on Transitional Justice: The Case of Colombia’s Special Jurisdiction for Peace

ABSTRACT∞ This article examines the tangible consequences of ongoing armed violence for the implementation of Colombia’s innovative transitional court, the Special Jurisdiction for Peace (Jurisdicción Especial para la Paz, JEP). Establishing transitional justice mechanisms in contexts of persistent armed violence poses significant challenges and the implementation process is likely to seem flawed or lacking to those actors involved. These complex scenarios raise critical questions for the field of transitional justice, notably regarding the expectations of victims and the feasibility of providing truth, justice and reparation in hostile settings. Based on the case of the Colombia’s northwestern Urabá region, this article argues that contexts of ongoing violence have a direct adverse effect on the possibility of the meaningful and effective participation of victims, perpetrators and other key actors in transitional justice processes. Consequently, this restricted participation initiates a ‘domino effect,’ which negatively impacts other transitional goals, including, in the specific case of the JEP, its restorative aims.

Transitional justice options for post-war Russia

ABSTRACT In February 2022, Vladimir Putin, under the pretext of defending Russians in the Donetsk and Luhansk regions, launched an all-out attack on sovereign Ukraine. Since then, Russia has violated multiple principles of just warfare. We consider the question of accountability for these crimes, outlining two scenarios: (1) the Putin regime remains in place, and (2) it is succeeded by a post-war regime that undertakes transitional justice as part of a broader effort at democratization. We review international institutions adjudicating criminal responsibility and domestic transitional justice mechanisms that eschew criminal approaches to accountability in favor of personnel policies. Combining limited purges with truth-revelation can prevent the accumulation of grievances and help rebuild a democratic culture. Although normative standards of justice might demand harsh punishment of Russian leaders by criminal tribunals, focusing on broad personnel transitional justice – purges and lustrations – carried out domestically can be conducive to long-term democratic stability in Russia.

Transitional justice mechanisms and processes: international experience for restoring Ukraine’s sovereignty and national security

The mechanisms and processes used in post-conflict countries that contributed to the restoration and ensuring of sustainable peace after the end of armed conflict or active hostilities are analysed. Among the elements of transitional justice, the author identifies those whose implementation is appropriate and possible before the end of the active phase of the conflict in Ukraine: bringing to individual responsibility, recording, documenting and collecting evidence of crimes allegedly committed on the territory of Ukraine (including war crimes, crimes against humanity, genocide and the crime of aggression), cooperation with the International Criminal Court on international crimes, determining the procedure for bringing the top military and political leadership of the russian federation to justice (tribunal); establishing the circumstances of the conflict and recording them, which is especially important in the context of information and psychological operations and other methods of hybrid warfare used by the Russian Federation. With regard to reparations and guarantees of non-recurrence of the conflict, it is already advisable to discuss both issues, develop strategies for compensating Ukraine for losses and act during and after the de-occupation of the territories.
 It has been also noted that the issue of exemption from liability and punishment may be raised during negotiations on the terms of ending the conflict, as well as the issue of mitigation of punishment in case of guilt and cooperation in establishing the truth. In this aspect, the experience of Colombia has been analysed with a reservation regarding the individualisation of the concept of transitional justice, taking into account specific circumstances. In particular, it has been determined that for Ukraine, the experience of transitional justice in Colombia can be taken into account when addressing a number of issues of amnesty, organisation of work of truth commissions and others, with an understanding of the different nature of the conflict in Colombia, which is purely internal (non-international armed conflict).