Transitional Justice Research Articles

Discursive Interaction and Agency in Transitional Justice: A Conversation Analysis Perspective

ABSTRACT The article presents discursive interaction as an analytical framework for capturing agency in transitional justice (TJ). Embedded in the paradigm of Conversation Analysis, which foregrounds the interactive nature of communication, the framework sets out how the exercise of agency is facilitated or constrained at the micro level of talk in conversational sequences. The article shifts attention to the mechanics of interactions in TJ, which are demonstrated empirically with patterns of interactions in the Croatian Parliament. The reconceptualization of agency based on the systematic analysis of how speakers engage with each other advances emerging theories of interactive TJ both conceptually and methodologically.

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)

Transitional Justice and the Rule of Law: Tainted Judges and Accountability for Nazi Crimes in West Germany

Transitional Justice and the Rule of Law: Tainted Judges and Accountability for Nazi Crimes in West Germany

Women’s Rights in Transitional Justice: The Impact of Gender Policies on Procedural Law

Women’s Rights in Transitional Justice: The Impact of Gender Policies on Procedural Law

Firearms control as an element of criminological security in the concept of transitional justice for Ukraine

Firearms control as an element of criminological security in the concept of transitional justice for Ukraine

Transitional Justice in Anglophone Cameroon: Perspectives and lessons from South Africa and Rwanda

Transitional Justice in Anglophone Cameroon: Perspectives and lessons from South Africa and Rwanda

Human Security and Accountability in the Central African Republic: A Bridge Half-Crossed

Abstract In its rhetoric, the United Nations foregrounds the importance of individual accountability for human rights violations. It also emphasizes the necessity of transitional justice in which individual survivors deserve recognition for their suffering and should take a central place in decisions on what happens after periods of violent unrest. These commitments are in line with the central tenets of human security, another key discursive element of the UN’s work, which calls for putting people front and center in the organization’s conflict response. People working in and on UN peace operations have put considerable effort into mainstreaming this approach in the organization’s accountability work. However, this commitment runs into several obstacles on the ground. This paper analyzes these challenges in the context of the UN’s efforts to support transitional justice efforts in the Central African Republic, where the UN has an exceptionally extensive mandate to promote accountability for atrocity crimes.

Coal in the 21st century: Industry transformation and transition justice in the phaseout of coal-as-fuel and the phase-in of coal as multi-asset resource platforms

The coal industry is enjoying long-term investments in new coal-fired power generation even as coal mining and production have been declining. Recent conflict in Europe has disrupted energy supplies and reinvigorated coal use. The duration of the retrenchment to coal may be short lived, but the end point of “short lived” remains uncertain. The present state of the coal industry and the investment community that underpins its growth obviates any meaningful acceleration in coal's phaseout as a core fuel resource. However, coal can be recast as a catalyst for achieving clean energy and economy futures. This can be done by seeing coal hydrocarbon deposits and byproducts of coal processing as long-term multi-asset resource platforms (MARPS), which integrate multiple new revenue streams on coal lands other than just mining coal as a fuel. New value comes from repurposing and leveraging mining lands, harvesting minor and trace elements from coal, and creating new revenue from harvesting hydrogen and carbon materials from coal bed methane, raw coal, coal tailings, and fly ash residues. We make the case that Coal Mining Enterprise (CME) value can be enhanced by ending the use of coal-as-fuel and creating new value streams serving existing and emerging markets by fully assessing, evaluating, and utilizing the portfolio of natural resources that are collocated within a typical coalfield. Coal sector investors tend not to see undervaluation in coal assets because CMEs focus predominantly on mining, processing, and shipping coal-as-fuel for electricity production and industrial processes. Formulating and asking the correct questions about how much value is being left on the table may bring innovation into a new frontier of coal as multi-asset resource platforms. Co-benefits of the approach include job creation across many viable emerging markets where “refining” coal is a competitive source of factor inputs. Moreover, it aids governments in aggressive support of coal industry transformations, through which lasting coal transition justice can be achieved. Ironically, despite all the technological and market uncertainties, coal in the 21st century can be, and should be, a critical success factor in achieving clean energy and economy futures.

Memorialising Violence amid Transition: Pedagogical Expectations in Colombia’s Memory Sites

ABSTRACT In contexts of post-conflict transition, memory sites such as museums and memorials have the dual role of symbolising redress and serving as pedagogical spaces aimed at non-recurrence. Through field interviews with individuals working with state-sponsored memory sites in Colombia, I explore how memory agents navigate these dual roles. Findings suggest that the pedagogical role of memory sites is a source of dispute framed by interactions among individuals. Debates over pedagogy illustrate broader tensions over the institutionalisation of memories in state spaces and their potential contribution to transitional justice. This article contributes empirical insight into the interactional aspects of memory work.

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.

Ethnic Conflict Resolution in Post-Conflict Societies in Bosnia

Purpose: The aim of the study was to analyze ethnic conflict resolution in post-conflict societies in Bosnia. Methodology: This study adopted a desk methodology. A desk study research design is commonly known as secondary data collection. This is basically collecting data from existing resources preferably because of its low cost advantage as compared to a field research. Our current study looked into already published studies and reports as the data was easily accessed through online journals and libraries. Findings: Studies on ethnic conflict resolution in post-conflict Bosnia emphasize intergroup dialogue, economic development, and transitional justice. Contact initiatives foster trust, while economic empowerment reduces tensions. Truth and reconciliation processes acknowledge past wrongs, and diaspora involvement aids peacebuilding. Unique Contribution to Theory, Practice and Policy: Identity theory, contact theory & structural violence theory may be used to anchor future studies on ethnic conflict resolution in post-conflict societies in Bosnia. Practitioners should prioritize initiatives that promote interethnic dialogue, reconciliation, and community engagement at the grassroots level. Policymakers must prioritize inclusive governance structures that ensure the meaningful participation of all ethnic groups in decision-making processes.

Justice, Equity, Diversity, Inclusion, and Belonging (JEDI-B) in Transition to Practice Programs.

Justice, equity, diversity, inclusion, and belonging (JEDI-B) are essential for creating safe and productive professional environments. Clear definitions of JEDI-B terms are essential for collective understanding and organizational buy-in. Institutional and transition to practice program efforts should focus on the development of inclusive cultures, diverse curriculum, and data-driven evaluation of JEDI-B policies, processes, and practices. Engagement in bias recognition and the unlearning of those biases is also vital. Despite current legislative challenges, the integration of JEDI-B principles remains a vital component in enhancing health care experiences for patients and fostering inclusive workplaces. [J Contin Educ Nurs. 2024;55(6):273-275.].

Elections, Violence and Transitional Justice in Africa Elections, Violence and Transitional Justice in Africa. Edited by Elias O. Opongo and Tim Murithi. New York: Routledge, 2022. 202 pages. $127.50.

<i>Elections, Violence and Transitional Justice in Africa Elections, Violence and Transitional Justice in Africa</i>. Edited by Elias O. Opongo and Tim Murithi. New York: Routledge, 2022. 202 pages. $127.50.

Victim Agency, Relational Autonomy and Transitional Justice: Experience of Saturday Mothers

ABSTRACT∞ This article explores the political agency of victims and proposes a new concept for understanding complex political victims in violent political contexts. To do so, it first challenges the problematic dichotomy of victim-perpetrator identities in transitional justice, drawing on interdisciplinary studies of agency, victim mobilization and the phenomenon of enforced disappearance. I (re)conceptualize victims’ agency by applying the concept of ‘relational autonomy’ which considers the role of social relations in the agency-building process and highlights relational values that are under-appreciated in the liberal concept of agency. I examine the case of the Saturday Mothers, a victim movement in Turkey, to show how their agency has been re-established through their interaction within this social network, and how this shapes the sense of justice they imagine and practice in this social space.

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 and National Reconciliation and Their Ability to Be an Alternative to Traditional Criminal Justice in Libya

Transitional Justice and National Reconciliation and Their Ability to Be an Alternative to Traditional Criminal Justice in Libya

Contending with identity and minority rights in transitional justice: the case study of Sri Lanka

ABSTRACT Transitional justice, though heavily problematised, is a burgeoning and transforming field. However, apart from when atrocity crimes such as genocide are committed, it remains negligent of the rights and positionality of non-dominant ethnic, religious and linguistic groups. Sri Lanka, which recently attempted transitional justice, offers a useful case study of the role of identity and minority positioning in conflict related crimes and victim and perpetrator status. Through empirical research in conflict affected parts of the country this article demonstrates this specific minority dimension, including the differential justice demands of ethnic and religious groups, and analyses how neglect of these factors affected the country’s transitional justice process. It also challenges assumptions on the neutrality of a majoritarian ethno-nationalist state in delivering transitional justice to all communities. Though also a contested topic, the article builds on the minority rights framework and proposes an approach to ensure identity groups are actively included in transitional justice and their rights are protected. It concludes that such an approach is crucial, in line with critical transitional justice, to ensure transformative change by guaranteeing equality and non-discrimination, responding to structural violations, and striving towards non-repetition and meaningful reconciliation.

Queering the Global Governance of Transitional Justice: Tensions and (Im)Possibilities

ABSTRACT∞ In recent years, scholars and activists have been asking queer questions about transitional justice. Queer perspectives advocate for the recognition of anti-queer violence within transitional justice; the inclusion of LGBTQIA+ people in transitional justice processes; and the development of queer decolonial critiques of transitional justice. Informed by this research agenda, I develop a queer perspective to the global governance of transitional justice. I analyse documents from the UN, the International Center for Transitional Justice and the International Criminal Court. Representing mechanisms from across global transitional justice, I trace the (cis-heteronormative, colonial, carceral) violence of transitional justice and its institutionalization at the global level. I reflect on the queer tensions and (im)possibilities of global transitional justice, a site that is violent but holds transformative potential. The global governance of transitional justice must be queered to expand its social, political and conceptual remit, and to seek more radical, liberatory worlds within and beyond formal justice mechanisms.

Palestine as a Litmus Test for Transitional Justice

ABSTRACT∞ We are currently witnessing another sustained and significant mobilization of people across the globe, coming on the heels of the racial justice uprising of 2020. This postscript of the International Journal for Transitional Justice’s (IJTJ) Special Issue on Race, Racism and Transitional Justice reflects on whether transitional justice as a field can offer meaningful avenues for rectifying past and ongoing racial injustices, by examining the concrete and pressing example of Palestine. It argues that transitional justice has never fully grappled with the ‘question’ of Palestine, which was a live one at its birth and remains a live one today. It concludes that it is an open question whether the appeal of transitional justice to the rule of law and universal principles in the current international context can be divorced from how the rule of law operates in practice and how it selectively applies to racialized others.