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date: 04 October 2022

Transitional Justicelocked

Transitional Justicelocked

  • Marc PolizziMarc PolizziMurray State University

Summary

The shift toward transitional justice (TJ)—the use of judicial and nonjudicial means to address systematic human rights atrocities in post-authoritarian and post-civil-conflict states—originated in the modern era with the creation of international tribunals after World War II. The tribunals’ construction demonstrated a drastic change in international norms, shifting responsibility from the state to individual perpetrators. Later, the “third wave of democratization” ushered in a flurry of new efforts in post-authoritarian regimes throughout Latin America, including the addition of truth-telling mechanisms and amnesties to protect perpetrators from prosecution. Since then, several new forms of TJ have been introduced in a variety of post-authoritarian and post-conflict settings, with several academic disciplines aiming to understand the variation in experiences and efficacy of these processes. The uniqueness of this literature lies in the interplay between the scholarship, activists, and practitioners, which has influenced the way the TJ field developed, and ultimately, how it conceptualizes justice. The trajectory of the scholarship has been a shift from normative-exploratory orientations to empirically driven studies. Further, different conceptualizations of justice (i.e., retributive justice, restorative justice, and reparative justice) became associated with specific TJ mechanisms, an association that often determines how their long-term success is judged. Finally, two important, enduring issues for future research to address are: whether, and to what extent, gender is incorporated into the TJ process, and improved methodologies that model the temporal and political dynamics involved in the implementation of TJ and its outcomes.

Subjects

  • Human Rights
  • International Law
  • Political Sociology

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