Transitional Justice in the Twenty-First Century: Beyond Truth versus Justice

Dealing with the aftermath of civil conflict or the fall of a repressive government continues to trouble countries throughout the world. Whereas much of the 1990s was occupied with debates concerning the relative merits of criminal prosecutions and truth commissions, by the end of the decade a consensus emerged that this either/or approach was inappropriate and unnecessary. A second generation of transitional justice experiences have stressed both truth and justice and recognize that a single method may inadequately serve societies rebuilding after conflict or dictatorship. Based on studies in ten countries, this book analyzes how some combine multiple institutions, others experiment with community-level initiatives that draw on traditional law and culture, whilst others combine internal actions with transnational or international ones. The authors argue that transitional justice efforts must also consider the challenges to legitimacy and local ownership emerging after external military intervention or occupation.

Table of Contents:
List of contributors; Acknowledgements; The new landscape of transitional justice Naomi Roht-Arriaza; Part I. Truth, Justice and Multiple Institutions: Introduction to Part I Naomi Roht-Arriaza; 1. The Sierra Leone truth and reconciliation commission William A. Schabas; 2. Transitional criminal justice in Sierra Leone Sigall Horovitz; 3. The Peruvian truth and reconciliation commission and the challenge of impunity Eduardo Gonzales Cueva; 4. The 'Mexican solution' to transitional justice Marieclaire Acosta and Esa Ennelin; 5. No justice, no peace: discussion of a legal framework regarding the demobilization of non-state armed groups in Colombia Maria José Guembe and Helena Olea; 6. Hybrid attempts at accountability for serious crimes in Timor Leste Caitlin Reiger; Part II. Levels of Justice: Local, National and International: Introduction to Part II Naomi Roht-Arriaza; 7. A new approach to restorative justice - East Timor's community reconciliation processes Patrick Burgess; 8. Justice at the grassroots? Gacaca trials in Rwanda Timothy Longman; 9. Bremer's 'Gordian knot': transitional justice and the US occupation of Iraq Eric Stover, Hanny Megally and Hania Mufti; 10. Truth, justice and stability in Afghanistan Patricia Gossman; 11. The prosecution of Hissène Habré: international accountability, national impunity Reed Brody; 12. Argentina's contribution to global trends in transitional justice Kathryn Sikkink and Carrie Booth Walling; 13. Transitional justice: lessons learned and the road ahead Ellen Lutz; Index.

About the Author :
Naomi Roht-Arriaza is Professor of Law at the University of California, Hastings College of the Law. She is the author of The Pinochet Effect: Transnational Justice in the Age of Human Rights (2005) and Impunity and Human Rights in International Law and Practice (1995). Javier Mariezcurrena is a Legal Advisor to the Federal Secretary for Human Rights in Argentina and former Transitional Justice Project Manager at the Center for Civil and Human Rights, University of Notre Dame. He is the co-editor of Inter-American System of Human Rights and Freedom of Expression in Paraguay (2002), Truth and Justice, Homage to Emilio F. Mignone (2001) and Basic Studies on Human Rights, Vol. X (2000).

Review :
'… a collection of contemporary case studies that reflect recent developments in the political and conceptual bases of transitional justice. The collection is appealing on a number of levels. It is attractively presented, accessible and in tune with key developments of the field. … It is particularly valuable that the editors have averted their focus from the well trodden path of international criminal justice … The contributions instead address less-commonly acknowledged challenges, such as institutional sequencing, demobilization and reintegration of combatants … I have referred to this book repeatedly in the few weeks it has been sitting on my desk. It is an informative and extremely convenient presentation of transitional justice 'snapshots' … a worthwhile investment for students and practitioners alike.' Sociology