Transitional justice
Process addressing human rights violations during political transitions.
Transitional justice is a process that responds to human rights violations through judicial redress, political reforms, cultural healing, and other measures to prevent recurrence of abuse. It is instituted at points of political transition—from war to peace or from repression to stability—and is informed by a society's desire to rebuild trust, reestablish right from wrong, repair justice systems, and build democratic governance. The field originated after World War II with the Nuremberg and Tokyo tribunals and gained momentum in the 1980s and 1990s, broadening from criminal justice to include truth commissions, reparations, and institutional reforms.
Quick Facts
- Origins
- Post-World War II period with Nuremberg and Tokyo tribunals
- Key mechanisms
- Criminal prosecutions
- truth commissions
- reparations
- institutional reforms
- memorials
- apologies
- Associated organizations
- International Center for Transitional Justice (ICTJ)
Facts from the source article.
Lore & Background
Transitional justice traces its origins to the post-World War II period in Europe with the International Military Tribunal at Nuremberg and de-Nazification programs, as well as the Tokyo Tribunal for Japanese soldiers. These marked the genesis of the field. It gained coherence during the 1980s and 1990s, beginning with trials of former military junta members in Greece (1975) and Argentina (Trial of the Juntas, 1983). The early focus was on criminal justice and human rights promotion, leading to the establishment of international human rights laws and conventions. The field was initially dominated by lawyers and legal rights, rooted in the human rights movement and international humanitarian law.
Did You Know?
- The term 'transitional justice' was coined by various American academics in the 1990s.
- Several attempts to create a regional truth commission in the former Yugoslavia (REKOM) have failed due to political obstacles.
- Canada, Australia, and New Zealand have used transitional justice approaches to address Indigenous oppression.
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