CIAO DATE: 08/2008
March 2007
Human Rights & Human Welfare (University of Denver)
Emerging out of the same foment of war and violence that led to the recognition of international human rights, post-conflict or transitional justice represents one of the most important political developments in efforts to advance human civilization to arise during the course of the twentieth century. As more and more countries undergo the trauma of civil war or revolutions against repressive regimes, they and the international community must confront the problems of transforming these situations of violent conflict into healthy, functional democratic states. The guiding principle behind post-conflict or transitional justice is that complying with the demands of justice is a necessary prerequisite to peace and stability.
The two terms, post-conflict justice and transitional justice, while often used interchangeably to cover the same basic concerns with justice, reflect developmental changes within the field and slightly varying perspectives on its application. The former, growing out of the Nuremberg trials (though having roots as early as the Treaty of Versaille) initially focused on retributive justice through judicial mechanisms as a means of punishment and prevention arising out of concluded conflicts. Transitional justice emerged in the 1980s in situations where the conflict had not yet been resolved. Instead of focusing upon individual perpetrators, it shifted attention to broader social issues relating to the need for reconciliation and social reconstruction. It supported the development of truth commissions and victim reparations, issues of restorative justice. Along with the possible inclusion of trials, transitional justice embodies those practices that take place after or facilitate "the transition from one political regime to another."...
Resource link: Human Rights Education: The Third Leg of Post-Conflict/Transitional Justice [PDF] - 155K