The field of “transitional justice” refers to a range of processes and mechanisms for accountability, truth-seeking, and reconciliation that governments and communities pursue in the aftermath of major societal traumas, including civil war, mass atrocities, and authoritarianism. This relatively new field emerged in the 1980s as scholars, practitioners, and policymakers looked for guidance to support post-authoritarian and post-communist transitions to democracy in East- ern Europe and Latin America. Since then, the field has grown rapidly—so rapidly that it is out- pacing its capacity to learn from past mistakes. Recent methodological advances in the study of public attitudes about transitional justice through quantitative surveys and qualitative interview methods provide unprecedented insights into how different mechanisms—including domestic and international prosecutions, truth commissions, amnesty laws, and compensation—are perceived by their intended beneficiaries. The results have been troubling. Numerous studies in diverse con- texts found that some of the most well-known transitional justice mechanisms, including those employed in South Africa, Rwanda, and Cambodia, failed to achieve their objectives of peacebuild- ing and reconciliation. In some cases, these policies had harmful consequences for their intended beneficiaries, including retraumatization and perceived “justice gaps” between victims’ preferred remedies and their actual outcomes. There is an urgent need for the field of transitional justice to learn from this growing body of empirical research to develop evidence-based policies and programs that achieve their intended objectives. This Feature critically reviews the intellectual development of the field, consolidating empirical findings of relevant studies across disciplines—law, political science, sociology, econom- ics, public health, psychology, and anthropology—and identifying open debates and questions for future research. We focus on research about public attitudes toward transitional justice in the com- munities directly impacted by conflict. In addition to reviewing previous research, we present new data from original public opinion surveys in Iraq and Ukraine relevant to ongoing transitional justice efforts in those countries. We use this evidence to identify lessons learned, including mis- takes, in the design and implementation of previous transitional justice processes. We conclude by discussing the normative and prescriptive implications of our findings for efforts to improve future transitional justice laws and policies.
description: The Office of the Legal Adviser publishes the annual Digest of United States Practice in International Law to provide the public with a historical record of the views and practice of the Government of the United States in public and private international law. In his introduction to the 2003 volume, then Legal Adviser William H. Taft IV stated in part: "The year 2003 witnessed a number of significant developments in the field of international law. The military campaign to oust Saddam Hussein and his regime in Iraq and the continuing effort to locate Osama bin Laden and his supporters gave rise to many important legal issues, including those related to the lawful use of force, the response to international terrorism, and compliance with international humanitarian law. Beyond Iraq and Afghanistan, of course, many other situations affecting international security and stability generated complicated and sensitive issues for the world community and its lawyers. . . ." "The year was also marked by a series of significant cases and decisions in domestic courts and international tribunals related to international law and practice. The International Court of Justice in The Hague handed down its decision on preliminary measures in the Avena case brought by Mexico under the Vienna Convention on Consular Relations, as well as its judgment in the Oil Platforms case (Iran v. United States). By agreement the Lockerbie case (Libya v. United States) before the ICJ was discontinued. Ongoing litigation in our domestic courts concerned fundamental issues arising under two important U.S. statutes, the Alien Tort Statute of 1789 and the 1976 Foreign Sovereign Immunities Act. Other cases began to address issues related to the status and rights of detainees in Guantanamo and the United States. Significant decisions were rendered in several cases by NAFTA tribunals.; abstract: The Office of the Legal Adviser publishes the annual Digest of United States Practice in International Law to provide the public with a historical record of the views and practice of the Government of the United States in public and private international law. In his introduction to the 2003 volume, then Legal Adviser William H. Taft IV stated in part: "The year 2003 witnessed a number of significant developments in the field of international law. The military campaign to oust Saddam Hussein and his regime in Iraq and the continuing effort to locate Osama bin Laden and his supporters gave rise to many important legal issues, including those related to the lawful use of force, the response to international terrorism, and compliance with international humanitarian law. Beyond Iraq and Afghanistan, of course, many other situations affecting international security and stability generated complicated and sensitive issues for the world community and its lawyers. . . ." "The year was also marked by a series of significant cases and decisions in domestic courts and international tribunals related to international law and practice. The International Court of Justice in The Hague handed down its decision on preliminary measures in the Avena case brought by Mexico under the Vienna Convention on Consular Relations, as well as its judgment in the Oil Platforms case (Iran v. United States). By agreement the Lockerbie case (Libya v. United States) before the ICJ was discontinued. Ongoing litigation in our domestic courts concerned fundamental issues arising under two important U.S. statutes, the Alien Tort Statute of 1789 and the 1976 Foreign Sovereign Immunities Act. Other cases began to address issues related to the status and rights of detainees in Guantanamo and the United States. Significant decisions were rendered in several cases by NAFTA tribunals.
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The field of “transitional justice” refers to a range of processes and mechanisms for accountability, truth-seeking, and reconciliation that governments and communities pursue in the aftermath of major societal traumas, including civil war, mass atrocities, and authoritarianism. This relatively new field emerged in the 1980s as scholars, practitioners, and policymakers looked for guidance to support post-authoritarian and post-communist transitions to democracy in East- ern Europe and Latin America. Since then, the field has grown rapidly—so rapidly that it is out- pacing its capacity to learn from past mistakes. Recent methodological advances in the study of public attitudes about transitional justice through quantitative surveys and qualitative interview methods provide unprecedented insights into how different mechanisms—including domestic and international prosecutions, truth commissions, amnesty laws, and compensation—are perceived by their intended beneficiaries. The results have been troubling. Numerous studies in diverse con- texts found that some of the most well-known transitional justice mechanisms, including those employed in South Africa, Rwanda, and Cambodia, failed to achieve their objectives of peacebuild- ing and reconciliation. In some cases, these policies had harmful consequences for their intended beneficiaries, including retraumatization and perceived “justice gaps” between victims’ preferred remedies and their actual outcomes. There is an urgent need for the field of transitional justice to learn from this growing body of empirical research to develop evidence-based policies and programs that achieve their intended objectives. This Feature critically reviews the intellectual development of the field, consolidating empirical findings of relevant studies across disciplines—law, political science, sociology, econom- ics, public health, psychology, and anthropology—and identifying open debates and questions for future research. We focus on research about public attitudes toward transitional justice in the com- munities directly impacted by conflict. In addition to reviewing previous research, we present new data from original public opinion surveys in Iraq and Ukraine relevant to ongoing transitional justice efforts in those countries. We use this evidence to identify lessons learned, including mis- takes, in the design and implementation of previous transitional justice processes. We conclude by discussing the normative and prescriptive implications of our findings for efforts to improve future transitional justice laws and policies.