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A Different Kind of Justice: Dealing with Human Rights Violations in Transitional Societies

Published online by Cambridge University Press:  28 September 2012

David Little
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Abstract

In “transitional societies” like South Africa and Bosnia, which are currently moving from authoritarianism, and often violent repression, to democracy, questions arise about the appropriate way to deal with serious human rights offenders. Will a system of retributive justice bring about the healing and harmony necessary for peace and stability? Or, is “a different kind of justice” required, one explicitly aimed at reconciliation, and designed to repair and restore relations, and, perhaps, to forgive offenders rather than prosecute them? Are the systems mutually exclusive, or can they be combined in some way?

In an effort to clarify terms and sharpen practical choices, this essay distinguishes between retributive and restorative justice and relates the distinction to constructive proposals concerning the ideas of forgiveness and reconciliation. The essay then applies the proposed framework to two recent efforts to cope with the problem: the truth and reconciliation commissions of South Africa and Bosnia and Herzegovina.

Type
Articles
Information
Ethics & International Affairs , Volume 13 , March 1999 , pp. 65 - 80
Copyright
Copyright © Carnegie Council for Ethics in International Affairs 1999

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References

1 Hoagland, Jim, “Justice for All,” Washington Post, April 19, 1998, p. C7Google Scholar.

2 See Kritz, Neil J., ed., Transitional Justice: How Emerging Democracies Reckon with Former Regimes (Washington, D. C.: United States Institute of Peace Press, 1995), 3 vols.Google Scholar, for the most comprehensive compilation of material relevant to this problem.

3 Graybill, Lyn S., “South Africa's Truth and Reconciliation Commission: Ethical and Theological Perspectives,” Ethics & International Affairs 4(1998), p. 59.Google Scholar, quoting Willa Boesak.

4 New Perspectives on Crime and Justice, Mennonite Central Committee Victim Offender Ministries Program, no. 4 (September 1985), appendixGoogle Scholar.

5 Lyons, David, Ethics and the Rule of Law (New York: Cambridge University Press, 1984), p. 147Google Scholar.

6 Graybill, , “South Africa's Truth and Reconciliation Commission,” p. 61Google Scholar.

7 Ibid., p. 43Google Scholar.

8 A phrase suggested by William Stuebner, program officer at the U.S. Institute of Peace, who is assisting the Bosnian government in developing a new nationwide truth and reconciliation commission for Bosnia and HerzegovinaGoogle Scholar.

9 Cited in Graybill, , “South Africa's Truth and Reconciliation Commission,” p. 47Google Scholar.

10 Walter Wink, When the Powers Fall: Reconciliation in the Healing of Nations (Minneapolis: Fortress Press, 1998), p. 14Google Scholar.

11 See Shriver, Donald W., An Ethic for Enemies: Forgiveness in Politics (New York: Oxford University Press, 1995Google Scholar).

12 Wink, , When the Powers Fall, p. 53Google Scholar.

13 However, it is interesting that the punishrnent–being imprisoned–is tied to restitution–“till he should pay all his debt”Google Scholar.

14 See the entry for aphiemi in Arndt, William F. and Gingrich, F. Wilbur, A Greek-English Lexicon of the New Testament and Other Early Christian Literature (Chicago: University of Chicago Press, 1957), pp. 125–26Google Scholar.

15 I am grateful to Ambassador Samuel W. Lewis for emphasizing this point in a lively discussion of an earlier version of this paper at a meeting of the Forum on Religion and Foreign Policy, May 28, 1998, in Washington, D.C.Google Scholar

16 Matt. 18:21–22Google ScholarPubMed.

17 I am drawing in this section on materials pertinent to the work of the TRC that have been circulated on the condition that there be no attributionGoogle Scholar.

18 A public statement cited in the circulated materialsGoogle Scholar.

19 Wink, , When the Powers Fall, p. 49Google Scholar.

20 The following description is based on meterials kindly supplied by my colleagues Neil J. Kritz and William StuebnerGoogle Scholar.

21 Stuebner, William, “No Amnesty for Crimes against Humanity,” English summary of an interview on the BHTRC in Svijet, Bosnia and Herzegovina, July 21, 1998Google Scholar.

22 “Truth and Reconciliation Commission of Bosnia and Herzegovina,”United States Institute of Peace Fact SheetGoogle Scholar.

23 Ibid.Google Scholar

24 Kritz, Neil J., “Is a Truth Commission Appropriate for the Former Yugoslavia?” (paper presented at the International Conference on War Crimes Trials, Belgrade, November 7–8, 1998), p. 2Google Scholar.

25 Ibid., pp. 2–3Google Scholar.

26 Ibid., pp. 1–3Google Scholar.

27 Ibid., p. 2Google Scholar.