transitional justice | Definition

Doc's CJ Glossary by Adam J. McKee
Course: General Term

Transitional justice refers to mechanisms and processes put in place to address human rights abuses, promote reconciliation, and establish the rule of law after periods of conflict or repression.


Transitional justice refers to the set of mechanisms and processes that are put in place following a period of conflict, repression, or authoritarianism in order to address human rights abuses, promote reconciliation, and establish the rule of law. Transitional justice can take many forms, including trials, truth commissions, reparations, and institutional reform.

Transitional justice is an important concept in societies that have experienced significant social and political upheaval. This may include countries emerging from civil wars or dictatorships or societies that have experienced other forms of conflict or repression.

One of the primary goals of transitional justice is to provide redress for victims of human rights abuses. This may involve bringing perpetrators of crimes such as torture, extrajudicial killings, or disappearances to justice through trials or other forms of legal accountability. It may also involve providing reparations to victims or their families, such as compensation, restitution, or rehabilitation.

Another goal of transitional justice is to establish the rule of law and strengthen democratic institutions. This may involve reforming the legal system, strengthening the independence of the judiciary, and promoting accountability and transparency in government.

Transitional justice also aims to promote reconciliation and social cohesion. This may involve establishing truth commissions, which are bodies that investigate and report on past human rights abuses, or engaging in dialogue and other forms of community engagement to promote healing and understanding.

There are several different mechanisms that can be used to achieve these goals. Trials can be used to hold perpetrators of human rights abuses accountable, while truth commissions can help to establish a record of past abuses and promote reconciliation. Reparations can provide compensation to victims and their families, while institutional reforms can help to establish the rule of law and promote accountability and transparency in government.

One of the challenges is the need to balance competing interests. For example, there may be tensions between the need for justice and the need for reconciliation or between the need for accountability and the need for stability. Additionally, transitional justice can be expensive and time-consuming and may require significant resources and expertise.

Despite these challenges, transitional justice is an important concept in societies that have experienced significant social and political upheaval. By addressing human rights abuses, promoting reconciliation, and establishing the rule of law, transitional justice can help to promote peace, stability, and democracy.


[ Glossary ]

Last Modified: 04/29/2023

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