Transitional justice is the process by which nations address past violence or conflict and reform their society. Nations recovering from civil conflict, war, or state oppression, often look back to identify the root causes of violence, provide justice for victims, and generate ways to prevent future human rights abuses. Often, this is a difficult transition that involves a wide range of stakeholders and takes years to accomplish. Often, countries find it important to incorporate a number of different strategies to achieve a successful transition to peace, justice and national healing.
National and international law plays an important role in shaping transitional justice processes. Reestablishing respect for the rule of law is a critical component of most transitional processes. Links to some of the most important national laws and international treaties that shaped the Liberia TRC process can be found at right.
There are many strategies that have been used throughout the world to give voice to victims of human rights violations and to bring about reform. Some of the most common transitional justice mechanisms include:
- Trials to prosecute individuals for crimes they committed during the conflict.
- Removing those who violate human rights from office, known as lustration.
- Offering compensation and reparations to victims of human rights and humanitarian violations.
- Establishing truth and reconciliation commissions.
- Promoting public ownership of the process by conducting a wide consultation process with civil society groups, media, faith organizations, minority groups, and the international community
- Reforming corrupt institutions.
- Identify and promote structural change within corporate enterprises that benefited from collaboration with past dictatorships.
- Official acknowledgement of past abuses through apologies from government and other key actors.
- Amnesties.
- Monitoring judicial and governmental institutions.
- Providing psychological support to survivors of human rights abuses and their perpetrators.
- Promoting civic education on the rule of law and human rights.
- Disarming and reintegrating ex-combatants, especially former child soldiers.
- Conducting traditional cultural ceremonies or acts of artistic expression to promote reconciliation and healing.
Transitional justice processes are designed to meet the needs of the country where they are put into practice. Certain mechanisms and combinations of tactics are more effective in some countries than in others, depending on whether their history involved civil or international war, or a government that violated the rights of the people. Thus, every transitional justice process around the world looks different and includes unique characteristics that meet the needs of the population. |