Transitional Justice, Truth and Reconciliation: An Under-Explored Relationship

被引:14
|
作者
Clark, Janine Natalya [1 ]
机构
[1] Queens Univ Belfast, Sch Polit Int Studies & Philosophy, Belfast BT7 1PA, Antrim, North Ireland
关键词
truth; reconciliation; criminal trials; truth and reconciliation commissions (TRCs); BosniaHercegovina (BiH); South Africa; impact gap; denial;
D O I
10.1163/157181211X551390
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
Much of the literature on transitional justice suffers from a critical impact gap, which scholars are only now beginning to address. One particular manifestation of this aforementioned gap, and one which forms the particular focus of this article, is the frequently-cited yet empirically underresearched claim that "truth" fosters post-conflict reconciliation. Theoretically and empirically critiquing this argument, this article both questions the comprehensiveness of truth established through criminal trials and truth and reconciliation commissions (TRCs) and underscores the often overlooked problem of denial, thus raising fundamental questions about the reputed healing properties of truth in such contexts. Advocating the case for evidence-based transitional justice, it reflects upon empirical research on South Africa's TRC and the author's own work on the International Criminal Tribunal for the former Yugoslavia (ICTY).
引用
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页码:241 / 261
页数:21
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