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Evidence-Based Transitional Justice: Incorporating Public Opinion into the Field, with New Data from Iraq and Ukraine
Ist Teil von
The Yale law journal, 2024-03, Vol.133 (5), p.1582
Ort / Verlag
New Haven: Yale University, School of Law
Erscheinungsjahr
2024
Link zum Volltext
Quelle
Nexis
Beschreibungen/Notizen
The field of "transitional justice" refers to a range of processes and mechanisms for accountability, truth-seeking, and reconciliation that governments and communities pursue in the aftermath of major societal traumas, including civil war, mass atrocities, and authoritarianism. This relatively new field emerged in the 1980s as scholars, practitioners, and policymakers looked for guidance to support post-authoritarian and post-communist transitions to democracy in Eastern Europe and Latin America. Since then, the field has grown rapidly--so rapidly that it is outpacing its capacity to learn from past mistakes. Recent methodological advances in the study of public attitudes about transitional justice through quantitative surveys and qualitative interview methods provide unprecedented insights into how different mechanisms--including domestic and international prosecutions, truth commissions, amnesty laws, and compensation--are perceived by their intended beneficiaries. The results have been troubling. Numerous studies in diverse contexts found that some of the most well-known transitional justice mechanisms, including those employed in South Africa, Rwanda, and Cambodia, failed to achieve their objectives of peacebuilding and reconciliation. In some cases, these policies had harmful consequences for their intended beneficiaries, including retraumatization and perceived "justice gaps" between victims' preferred remedies and their actual outcomes.