International Journal of Transitional Justice - current issue

Editorial Note-Transitional Justice Globalized

Teitel, R. — 2008-05-20

Serbia After the Criminal Past: What Went Wrong and What Should be Done

Dimitrijevic, N. — 2008-05-20

This article explores the relationship between the recent criminal past and the contemporary socio-political condition in Serbia. Basic assumptions employed are that the recent past is defined by collective crimes, this past has retained relevance after the regime change of October 2000 and that Serbia has thus far chosen the wrong methods for dealing with its criminal legacies. Due to the persistence of damaging political, cultural and moral attitudes about the past, the overthrow of Slobodan Milosevic has failed to bring about the necessary political and moral break. Thus, it is legitimate to explore alternative ways of coming to terms with the legacies of past crimes, including, as this article proposes, the establishment of a truth commission in Serbia.

Truth Skepticism: An Inquiry into the Value of Truth in Times of Transition

Daly, E. — 2008-05-20

Truth commissions have become so fashionable in times of transition that one can readily recognize what might be called a ‘truth cascade.’ The commissions, and the reports they produce, are reputed to promote many of the goals at the heart of the transitional justice project: helping victims to heal, promoting accountability, drawing a bright line between the past and the present, promoting reconciliation and so forth. And yet, a closer look at the truth-seeking enterprise suggests that it may not be able to deliver on these promises. This article explores both the intrinsic and instrumental reasons why truth commissions may not be effective in promoting the goals attributed to them. The article does not argue that transitional governments should not pursue the truth, but it does urge governments to use caution and careful planning when they do so.

A Trojan Horse? Unionism, Trust and Truth-telling in Northern Ireland

Lundy, P., McGovern, M. — 2008-05-20

The aim of this article is to examine the relationship between trust, testimony and truth recovery processes as part of post-conflict transition. The paper uses the case study of unionist attitudes toward a community-based truth-telling project in Northern Ireland to demonstrate the impact an absence of trust can have upon what the French philosopher Paul Ricoeur has described as the ‘space of controversy’ that emerges between the ‘certification’ and the ‘accreditation’ of testimony. The paper suggests such distrust is a legacy, not only of conflict, but also of the particular circumstances of transition and the specific mechanisms of truth recovery adopted. Ultimately the paper argues for a holistic, community-centred approach towards truth-telling and raises issues relevant to other violently divided societies undergoing transition and grappling with ways in which to deal with the legacy of political conflict.

Victim Reparations in the Peruvian Truth Commission and the Challenge of Historical Interpretation

Garcia-Godos, J. — 2008-05-20

The Peruvian Truth and Reconciliation Commission (Comisión de la Verdad y Reconciliación (CVR)) has been praised for challenging positivist approaches to truth by focusing on victims and narrative interpretation. In this article, I argue that such a focus is not as problem-free as widely assumed. In spite of its normative human rights base, the CVR underestimated the issue of historical and political recognition of particular actors during the Peruvian armed conflict – an issue that bears practical and tangible consequences for the actors involved. I use the case of peasant self-defense groups and their treatment regarding potential reparations benefits to explore the challenges involved in combining a human rights agenda with issues of historical interpretation.

Human Rights Politics and Injustice: Transitional Justice in Argentina and South Africa

Humphrey, M., Valverde, E. — 2008-05-20

Transitional justice is about the recovery of the rule of law and justice after mass violence. In the recent history of Argentina and South Africa, human rights politics have played an important role in the transition from repression to democracy as a discourse of resistance to state repression and as a framework and methodology for the successor state to manage demands for justice and promote reconciliation. Post-transition, they have provided a standard for the accountability of state institutions and evaluation of the democratic government's performance. In this article, we explore the roles of victims, survivors and relatives in the expansion of human rights politics. We argue that victims represent their suffering as embodied injustice and make their victim identity the focus of efforts to recover a moral contract between state and citizens. The expansion of human rights politics to include social and economic rights is an expression of the limits of transitional justice in recovering full citizenship in the context of the neo-liberal democratic project in Argentina and South Africa.

Kozarac School: A Window on Transitional Justice for Returnees

Sivac-Bryant, S. — 2008-05-20

The majority Bosniak town of Kozarac, now within the entity of Republika Srpska (RS), is regarded as one of the most successful returnee communities in Bosnia. The ethnic cleansing that the town endured in 1992 is gradually being reversed with the re-establishment of civic life in the town. In this difficult process, education is at the heart of the struggle for reconstruction and recognition. This article traces the development of the Kozarac primary school since the end of the war. It highlights returnees’ experiences and obstacles they have encountered in their attempt to restore primary school education for children in a divided and often hostile post-conflict society. It illustrates how the neglect of local authorities can undermine the process of educational reform and perpetuate identity divisions into the next generation, rather than contribute to reconciliation. The article concludes by noting that more attention needs to be paid within transitional justice policies to the reform of both the structure and content of educational institutions in order to contribute to sustainable community-level reconciliation.

Taking Wrongs Seriously: Acknowledgment, Reconciliation, and the Politics of Sustainable Peace, Trudy Govier

Minow, M. — 2008-05-20

Guilty Pleas in International Criminal Law: Constructing a Restorative Justice Approach, Nancy Amoury Combs

Rothenberg, D. — 2008-05-20

List of Reviewers

2008-05-20