Truth and Reconciliation Commissions and Transitional Justice in a Restorative Justice Context.

Source: (2013) in, Katherine S. van Wormer and Lorenn Walkers, eds, Restorative Justice Today: Practical Applications. Los Angeles: Sage. PP. 205-213.

There is much debate about which interventions are most effective at rebuilding societies, and the international community has struggled to find acceptable, affordable, and sustainable ways to help communities recover from violence. While criminal prosecutions of war crimes are still an important transitional justice tool, over time several limitations with the traditional retributive justice approach have emerged. In a range of post-conflict settings, trials can be politically unfeasible, and the rule of law is often weak, underdeveloped or suffering from corruption. There are problems of jurisdiction, and the evidentiary rules governing court proceedings can limit investigation into the nature of human rights violations. Furthermore, trials are not victim-centered. In response to these problems, truth and reconciliation commissions have emerged as a restorative justice-based alternative to assist societies to confront their past and are now considered a core transitional justice intervention. (excerpt)