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eBook details
- Title: Is Transitional Justice Necessary to Establish Long Term Stability? Moving from Civil War to Reconciliation and the Rule of Law, Case Studies of Bosnia-Herzegovina, East Timor, and Rwanda
- Author : Progressive Management
- Release Date : January 20, 2018
- Genre: History,Books,Politics & Current Events,
- Pages : * pages
- Size : 285 KB
Description
This report has been professionally converted for accurate flowing-text e-book format reproduction. Over the past two decades, the international community has employed various transitional justice mechanisms to promote reconciliation and establish the rule of law in countries transitioning from civil war. The effect of these mechanisms on long-term peace however, remains ambiguous. Despite the challenges of implementing transitional justice, the establishment of the rule of law and the reconciliation of victims and perpetrators of grave violations of human rights remain essential to ending violence and encouraging public participation in post-war society. This study examines the use of transitional justice mechanisms implemented at the end of the civil wars in Bosnia-Herzegovina, East Timor, and Rwanda to evaluate their impact on internal violence, cooperation among domestic constituencies, and the establishment of reliable democratic practices to discern whether these mechanisms contributed to long-term stability. This study ultimately found that transitional justice mechanisms contributed to stability in all three cases by fostering public trust in legal and democratic institutions that helped achieve stability.
As a result of lessons learned from various attempts to establish the rule of law and bring perpetrators of genocide, mass atrocities, and war crimes to justice, the international community has gradually abandoned the creation of international tribunals like the ones established for the Former Republic of Yugoslavia and Rwanda. In successive conflicts at the turn of the 21st century, the international community instead opted for the creation of hybrid national-international tribunals as seen in Sierra Leone and East Timor, and eventually shifted the burden of prosecution to national courts under the sole authority of the post-conflict government as seen in Iraq. In more recent international interventions however, like the one in Afghanistan, the United Nations (UN) and international community chose not to pursue any form of transitional justice.
This departure from the creation of internationally-organized and domestically-driven transitional justice mechanisms near the end of a conflict calls into the question the necessity and efficacy of transitional justice mechanisms to establishing lasting peace and stability. Notwithstanding this change in post-war reconstruction practices, transitional justice norms and mechanisms remain relevant to preserving political stability within fragile societies. As Professor Anthony Joes argued with regard to counterinsurgency operations, "true victory is one that leads to true peace, a peace founded on legitimacy and eventual reconciliation." Legitimacy that leads to reconciliation is built upon the establishment of the rule of law in a manner that dissuades belligerents from continuing hostilities, and demonstrates the willingness and capacity of domestic institutions to protect the population, hold perpetrators accountable, and disallow impunity.