Accountability for human rights violations: A comparison of transitional justice in East Germany and South Africa

By contrasting various legal approaches to accountability for past human rights violations, this Article develops broad lessons for societies transitioning from authoritarian rule to democracy. The experiences of East Germany and South Africa demonstrate that both the truth about the past and some form of justice are essential to promote reconciliation. Due to limited resources, non-retributive forms of justice and collective forms of accountability are becoming more prevalent than individualized accountability through trials. This Article advocates such a model of "constructive accountability," involving discovery of the truth, institution of a reformed system of justice, and obtaining redress for victims of human rights violations. While there is no "quick fix" for coming to terms with years of human rights abuses, where the search for truth or attempts to attain justice have been lacking, the popular perception has been one of disillusionment with the democratization process and a slower process of reconciliation.