Beyond justice: Reconciliation and social reconstruction in post-

conflict societies

Elisabeth Kaneza Module: Forced Migration

Overview O Introduction O Terminology O The role of trials in transitional

justice O Social breakdown and social

reconstructionO Community responsesO Bringing justice and reconciliation

together: Gacaca in Rwanda O Conclusion

Terminology O Transitional Justice - Processes by which states seek to redress

the violations of a prior regime (Fletcher & Weinstein, 2002)

O Reconciliation - an agreement or transaction renouncing,

either unilaterally or reciprocally, all claims. - Solution to the dispute does not lie in a

judicial decision but rather in an agreement between the parties themselves (UN Under Secretary General, 2002)

The role of trials in transitional justice

O Assumption that rule of law and democracy is a main component for reconciliation

O International trials seen as single appropriate solution for communal violence

Arguments for legal responses to conflicts

O State-sponsored mechanisms to identify and punish perpetrators

O Judicial truthmaking to manifest the „facts“ and prevent denial

O Responding to the needs of victims O Establishing the rule of law O Promoting reconciliation O Individualization of guilt

Criticism to legal responses to conflicts (1)

O Rationale of international criminal trials imported uncritically to different socio-political contexts

O Need to take into account alternative understandings of law, and therefore different expectations for justice

O Lack of empirical data confirming preventative value of trials

O Focus on „masterminds“ ignores other categories of involved groups

Criticism to legal responses to conflicts (2)

O Therapeutic nature of criminal trials is too simplistic

O Need for a better understanding of the influence of culture in determining beliefs about the causes of catastrophic events

O Focus on the „collective“ (power of influence, denial as defense mechanism)

O Therefore, social repair

Social breakdown/construction model Economic instability,

political instability, isolated

resistance, government response

Organized resistance, extremism, persecution

Episode of violence Repression

War or mass violence

Social breakdown

Destruction of infrastructure War crimes

Intervention for peace

(diplomatic, military)

International response (global,

regional)

Community responses O Focus on community as a seperate

unit of analysis O Restoration of infrastructure and

economy O Good governance (transparency,

shift in political power)O Restoration of agency to impacted

communities O Needs analysis

Bringing justice and reconciliation together: Gacaca in Rwanda

O http://www.youtube.com/watch?v=LiDea-PNoyw

Conclusion O Synergy between criminal trials and

alternative interventions O Different views, meanings of justice

and ways of coming to terms with conflict must be taken into consideration

O Identification of the collective vs. individual perpetrator

O Retributive justice for sustainable stability

THANK YOU VERY MUCH FOR YOUR ATTENTION!

Q&A/ Discussion

Questions for discussion 1. Which factors would you give

priority in a post-conflict society? 2. Is reconciliation vital for social

reconstruction or development? 3. Are reconciliation and justice

conflicting concepts? What comes first?

References O Fletcher, L.E. & Weinstein, H.M. (2002). Violence and

social repair: Rethinking the contribution of justice to reconciliation. Human rights quarterly, 24 (3), p.573-639

O Fry, D.P. (2006). The human potential for peace. An anthropological challenge to assumptions about war and violence. Oxford: University Press

O Lorey, D.E. & Beezley W.H. (2002). Genocide, collective violence, and popular memory. The politics of rembrance in the twentieth century. Washington: Scholarly Resources

O Finlay, A. (2011). Governing ethnic conflict. Consociation, identity and the price of peace. New York: Routledge