DOI: 10.5176/2251-2853_3.1.138
Authors: H. Paul
Abstract:
This essay explores the notion that transitional justice from below depends principally on its ability to realise three objectives, that of providing clarity of purpose, complementarity to international criminal law and localised justice initiatives. Whether top-down or bottom-up, the role of transitional justice is itself contested and some have argued it is in search of conflicting goals, moreover the word ‘justice’ in the term ‘transitional justice’ can be problematic. It can seduce western states and audiences into assuming this is justice in terms of deterrence or retribution, conforming to liberal legalistic modalities of punishment. This has not been and is not the purpose of transitional justice. Transitional justice is seen to seek a wide range of distinct but interconnected goals; development, truth, peace, justice, healing, forgiveness and reconciliation. However, transitional justice from below can be seen to lack legitimacy in the eyes of the international community, as initiatives may not conform to international standards of due process, may therefore be seen to lack accountability, or they may even be said to be hide an authoritative governments agenda under the guise of ‘tradition’.
Keywords: Transitional justice from below, complementarity
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