ÇATIŞMA ÇÖZÜMÜ - Deneme Sınavı - 3

The options A,B,C, abd D are all characteristics of transitional justice except for "E" Enabling societies in transition from war or authoritarianism to prosper economically and achieve commercial success.

Teitel underestimates the role of extra-legal mechanisms, such as education and culture in dealing with the past, so option E is wrong.

While in its broadest sense, transitional justice encompasses a wide range of measures in dealing with past abuses, including changes in criminal laws and school textbooks, the creation of memorial and museums, security force and judicial institution reform, and developing distributive justice programs, in a narrower view it only involves particular mechanisms—namely criminal prosecutions, truth commissions, vetting, and reparation programs.

While in its broadest sense, transitional justice encompasses a wide range of measures in dealing with past abuses, including changes in criminal laws and school textbooks, the creation of memorial and museums, security force and judicial institution reform, and developing distributive justice programs, in a narrower view it only involves particular mechanisms—namely criminal prosecutions, truth commissions, vetting, and reparation programs.

Mani (2007) focuses on the question of restoring justice in low-income, conflict-torn countries. For Mani, peace without justice will be incomplete since “[i]njustice is not [just] a consequence of conflict, but is also often a symptom and cause of conflict,” (Mani, 2007:5).

In order to address injustices related to conflicts, Mani (2007) suggests an integrated approach to justice that includes three dimensions:
• Legal justice, which refers to restoring the rule of law by reforming the entire apparatus of the justice system that has been formerly delegitimized or destroyed during or before the conflict.
• Rectificatory justice, which entails dealing with gross human rights abuses committed during the conflict, including crimes against humanity and war crimes, through trials and prosecutions, truth commissions, lustration or removal from office (vetting), reparations, and memorials.
• Distributive justice, which aims at redressing socio-economic, political, or cultural injustices that underlie the conflict (Mani, 2007:5-9).

John Elster (2004) identifies purges and trials in fifth century BC Athens as the starting point of transitional justice.

Teitel (2003:70) notes that the modern origins of transitional justice can be traced to after World War I. In her study on the genealogy of transitional justice, however, she identifies three phases in the 20th century, starting with the end of World War II. According to her account, Phase I of transitional justice began in 1945 with the Allied-run Nuremberg and Tokyo trials.

Although Phase I of transitional justice ended with the emergence of the Cold War, it set a precedent for holding state agents accountable for their crimes.

The ICTJ defines the complementary aims of transitional justice as the following:
• “Building accountable institutions and restoring confidence in them
• Making access to justice a reality for the most vulnerable in society in the aftermath of violations
• Ensuring that women and marginalized groups play an effective role in the pursuit of a just society
• Respect for the rule of law
• Facilitating peace processes and fostering durable resolution of conflicts
• Establishing a basis to address the underlying causes of conflict and marginalization
• Advancing the cause of reconciliation” (ICTJ, n.y.). Thus, option E is wrong.

Broadest sense, transitional justice encompasses a wide range of measures in dealing with past abuses, including changes in criminal laws and school textbooks, the creation of memorial and museums, security force
and judicial institution reform, and developing distributive justice programs. Four incorrect given options are transitional justice practices in broadest sense. 

Narrower view of transitional justice only involves particular mechanisms—namely criminal prosecutions, truth commissions, vetting, and reparation programs. Therefor correct answer is given in option A.

Narrower view of the transitional justice practices can be criticized for ignoring root causes and privileging civil and political rights over economic, social and cultural rights. 

Narrower view of transitional justice only involves particular mechanisms—namely criminal prosecutions, truth commissions, vetting, and reparation programs.

Broadest sense, transitional justice encompasses a wide range of measures in dealing with past abuses, including changes in criminal laws and school textbooks, the creation of memorial and museums, security force
and judicial institution reform, and developing distributive justice programs. 

Narrower view of transitional justice only involves particular mechanisms—namely criminal prosecutions, truth commissions, vetting, and reparation programs. 

Changes in criminal laws and school textbooks is a only a practice in broadest sense of transitional justice practice.

Retributive justice focuses on perpetrators and seeks to ensure criminal justice for their past abuses mainly through prosecution and punishment. Transitional justice mechanisms based on the retributive conception of justice, therefore, include criminal prosecutions such as trials or tribunals and vetting policies.

The minimalist approach advocates that rather than trials, political bargains, particularly amnesties, are better in bringing reconciliation after armed conflict due to the need to contain spoilers.

Based on the understanding of restorative justice, truth commissions form one of the most predominant and widely applied mechanisms of transitional justice. A truth commission refers to a temporary and non-judicial official body established to investigate past human rights violations. A truth commission is mandated to produce a final report based on the statements of victims and witnesses and serves as an official acknowledgement of past human rights abuses that were often denied or distorted by former regimes.

Truth commissions only focus on past events rather than ongoing ones.

Healthcare is an example of material reparations in the context of transitional justice.

Monuments is an example of symbolic reparations in the context of transitional justice.

Transitional justice measures does not increase the sense of anger and grievances among victims. On the contrary, transitional justice measures can help address and reduce the sense of anger and grievances among victims that might otherwise cause a return to conflict. Accountability for past human rights abuses prevents the desire for revenge or retaliation from surfacing.