Saving Transitional Justice

• In Event: Transitional Justice in the United States

Abstract

Transitional justice (TJ) has recently become the object of intense scrutiny highlighted by threats from several (mostly African) countries to abandon the Rome Statute of the International Criminal Court. These developments have prompted some analysts to proclaim that the field is 'in crisis' and needs to be 'saved'. In response, a growing chorus of critical TJ scholars have emphasized the importance of local-level knowledge and initiatives, and have suggested localizing efforts as an avenue to emancipate the field from its traditional focus on liberal democracy building in favour of a transformative justice model. These analysts further argue that a narrow focus on legal justice and democracy promotion is limited, and a multifaceted and long-term approach that prioritizes local agency and participation is necessary in order to strengthen TJ prospects and outcomes. While much of this criticism is warranted, the paper argues that many of these critiques appear to be exaggerated and premised on unfounded assumptions about the virtues of locally-rooted processes and the inadequacy of state-level instruments, especially trials and truth commissions. At a moment when the TJ field is undergoing a legitimacy crisis, it advocates for a more balanced discussion about the meaning, limits, and potential of transitional justice.

Author

• Adam Kochanski, McGill University