Policy and Research Papers
This annex can only provide a brief overview of transitional justice measures (§ I), and summarize an argument that clarifies the aims that these measures arguably are designed to seek (§ II). This is important, in turn, in order to clarify the contributions that transitional justice can make to security and development, particularly in the context of fragility. Contrary to misconceptions, particularly on the part of non-experts, transitional justice is neither past-oriented, nor of concern to victims alone; rather, to the extent that it achieves any of its goals, it does so in virtue of its potential to affirm general but basic norms—therein its potential contributions to both security and development. The argument thus is also meant to counter the perception that transitional justice measures hamper development and reconstruction, or that transitional justice is not urgent in the aftermath of the cessation of conflict (§ III). The next section clarifies the ‘mechanisms’ through which transitional justice can be thought to make their contributions to development, emphasizing their norm affirming function, and their (related) potential to disarticulate and articulate networks (§IV). Finally, I close by showing the relevance of the foregoing analysis to the WDR and offer four cautionary notes about the approach it adopts (§V).
Countries emerging from armed conflict or authoritarian rule face difficult questions about what to do with public employees who perpetrated past human rights abuses and the institutional structures that allowed such abuses to happen. Justice as Prevention: Vetting Public Employees in Transitional Societiesexamines the transitional reform known as "vetting" -- the process by which abusive or corrupt employees are excluded from public office. More than a means of punishing individuals, vetting represents an important transitional justice measure aimed at reforming institutions and preventing the recurrence of abuses. The book is the culmination of a multiyear project headed by the International Center for Transitional Justice that included human rights lawyers, experts on police and judicial reform, and scholars of transitional justice and reconciliation. It features case studies of Argentina, Bosnia and Herzegovina, the Czech Republic, El Salvador, the former German Democratic Republic, Greece, Hungary, Poland, and South Africa, as well as chapters on due process, information management, and intersections between other institutional reforms.
For the past twenty years, international donors have invested heavily in large-scale disarmament, demobilization, and reintegration (DDR) programs, while, at the same time, transitional justice measures have proliferated, bringing truth, justice, and reparations to those recovering from state violence and civil war. Yet DDR programs are seldom deconstructed to discover whether they truly achieve their justice-related aims. Additionally, transitional justice mechanisms rarely articulate strategies for coordinating with DDR. Disarming the Pastexamines the connections& -and failures& -between these two initiatives within peacebuilding contexts and evaluates future links between DDR programs and the aims of transitional justice. The outcome of a substantial research project initiated by the International Center for Transitional Justice (ICTJ), this book is crucial for anyone interested in effective interventions and enduring outcomes.