Beyond Transitional Justice?

Transitional Justice and Settler States

Transitional justice has become the dominant international framework for redressing mass harm and historical injustices. However, transitional justice is commonly premised on the notion of a recent point of rupture or change from violence and oppression to a ‘new dawn’, and has therefore been less attuned to accommodating the long-term effects of colonialism. Accordingly, the historical experie...

Deeper, broader, longer transitional justice

Transitional justice has an expectation management problem. International law imposes a right to justice and an obligation to defeat impunity from crimes against humanity. Yet there has not been a war where a substantial proportion of criminals against humanity have been convicted. Nor is one likely. The theoretical solution considered in this paper is to broaden, deepen, and lengthen our conce...

Transitional Justice and Reconciliation: Theory and Practice

Forgiveness, Reconciliation, and Empowerment in Transitional Justice

The last decades have seen a rise in the public use of notions from the forgiveness discourse. In the present paper it is examined what role forgiveness, reconciliation and empowerment can play in the practice of transitional justice. On the basis of empirical findings, it is shown that forgiveness is too high an ideal to aim at. The promotion of forgiveness can generate much resistance, and ev...

Transitional Justice as Global Project: critical reflections

This article critically reflects on the ways in which the global project of transitional justice is channelled or streamlined in its scope of application. Using the categories of when, to whom and for what transitional justice applies, it argues that transitional justice is typically constructed to focus on specific sets of actors for specific sets of crimes. This results in a fairly narrow int...