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.
- field
- Transitional justice
- known_for
- Addressing legacies of human rights abuses through judicial and non-judicial measures
- 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)
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.
Reader's Guide
Transitional justice has evolved from a narrow focus on criminal prosecution to a broader framework encompassing political considerations of democratization, stable institutions, and civil society renewal. The late 1980s and early 1990s saw a shift informed by the worldwide wave of democratization, integrating transitional justice into examinations of political processes inherent to democratic change. Innovations include truth commissions, beginning with Argentina in 1983, Chile in 1990, and South Africa in 1995, which have become symbols of transitional justice in Latin America, Africa, Asia, and Eastern Europe. Lustration programs in Central and Eastern Europe since the 1990s represent another major institutional innovation. The concept has transformed to assume a broader perspective of comprehensive societal examination, with democratic consolidation as a primary objective. The International Center for Transitional Justice notes that transitional justice is necessary for the Sustainable Development Goals to address the 'justice gap' and achieve sustainable peace and development.
Did You Know?
- The term 'transitional justice' was coined by various American academics in the 1990s.
- Truth commissions began with Argentina in 1983, Chile in 1990, and South Africa in 1995.
- 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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