The justice archive: transitional justice and digital memory

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...

Reassembling International Justice: The Making of ‘the Social’ in International Criminal Law and Transitional Justice

This article examines the most recent shift in ongoing debates concerning the relationship between international criminal law and transitional justice, using the examples of international criminal prosecutions before the International Criminal Tribunal for the former Yugoslavia (ICTY) and transitional justice mechanisms in Bosnia and Herzegovina. It reframes the problematic relationship between...