TRANSITIONAL JUSTICE IN BALANCE|
Comparing Processes, Weighing Efficacy
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USIP Press Books
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Since the 1970s, countries emerging from dictatorship or civil war have increasingly employed a variety of transitional justice mechanisms to address past human rights violations and to promote reconciliation and democracy. Myriad articles and books have focused on this phenomenon without shedding much light on why a country chooses one mechanism over another, why some countries combine mechanisms, or why some mechanisms work better under certain conditions than others.
In the first project of its kind to compare multiple mechanisms and combinations of mechanisms across regions, countries, and time, Transitional Justice in Balance: Comparing Processes, Weighing Efficacy systematically analyzes the claims made in the literature using a vast array of data, which the authors have assembled in the Transitional Justice Data Base. Trials, truth commissions, amnesties, reparations, and lustration policies—the main focus of the literature to date—are among the 854 transitional justice mechanisms, which were implemented in 161 countries from 1970 to 2007 and included in this database. The authors use the database to explore the adoption of transitional justice and its effectiveness in achieving its primary goals.
The authors conclude that transitional justice has a positive and significant impact on human rights and democracy in the societies that adopt it, but that it is the combination and sequence of mechanisms that achieves this effect, not any one mechanism alone. In clear, lucid text that scholars and policymakers can easily follow, the authors contend that a “justice balance” that combines trials and amnesties, with or without truth commissions, is crucial for success in societies seeking improvements in democracy and human rights after conflict.
Tricia D. Olsen is a PhD candidate in political science at the University of Wisconsin–Madison, where she studies the political economy of first- and second-generation rights in developing countries.
Leigh A. Payne is a professor of sociology and Latin American studies at Oxford University, professor of political science at the University of Wisconsin–Madison, and visiting professor of political science and global studies at the University of Minnesota. A leading specialist on responses to atrocity, she is the author of Unsettling Accounts: Neither Truth nor Reconciliation in Confessions of State Violence.
Andrew G. Reiter is a PhD candidate in political science at the University of Wisconsin–Madison, where he works on issues of violence and conflict resolution.
Browse Inside the Book
Introduction: A Cross-National Approach to Transitional Justice
Coming to Terms
The Transitional Justice Database
The Politics of Transitional Justice
At What Cost?
Justice from the Outside In
Beyond the Justice Cascade
The Peace Dividend
Does Transitional Justice Work?
Conclusion: The Justice Balance
Transitional Justice: How Emerging Democracies Reckon with Former Regimes, Volume I: General Considerations
Transitional Justice: How Emerging Democracies Reckon with Former Regimes, Volume II: Country Studies
Transitional Justice: How Emerging Democracies Reckon with Former Regimes, Volume III: Laws, Rulings, and Reports
Combating Serious Crimes in Postconflict Societies : A Handbook for Policymakers and Practitioners
Constructing Justice and Security after War
Model Codes for Post-Conflict Criminal Justice: Volume I: Model Criminal Code
Model Codes for Post-Conflict Criminal Justice: Volume II: Model Code of Criminal Procedure
Confronting the Truth (DVD): Truth Commissions and Societies in Transition (73 minutes)
Assessing the Impact of Transitional Justice: Challenges for Empirical Research
Framing the State in Times of Transition: Case Studies in Constitution Making