Transitional Justice: Global Mechanisms and Local Realities after Genocide and Mass Violence

Foreword

v ii FOREWORD This book has an ambitious goal: to design outlines of the anthropology of transitional justice. Reading it brings insight into the complexities and complications that emerge when postconflict societies seek a path forward after mass violence. As Alex Hinton points out, even if the area of transitional justice is still emerging, actors in this field have produced a broad range of reflections, tools, reviews, tentative theoretical approaches, and have used a combination of different disciplines, including history, law, sociology, anthropology, philosophy, and religious studies. Moreover, institutions are being created and staffed by so-called transitional justice professionals, where courses are being organized and degrees awarded. Budgets are being allocated and new market niches are being developed, with the usual competition between institutions, including the export—sometimes imposition—of experts from north to south. Additionally, dialogue between theory and practice is being established, albeit with varying degrees of success. In this context, and as this volume illustrates, the effort to analyze transitional justice from an anthropological perspective is not only useful but also indispensable. Transitional Justice demonstrates that we must analyze this field from multiple perspectives. Who conceptualizes, decides, defines, benefits from (and finances) the programs, projects, and strategies of transitional justice? What is the impact of transitional justice measures? And how is transitional justice perceived by different stakeholders? Such issues need to be analyzed on both the local and global levels—from a center-periphery perspective, from the vantage of victims and perpetrators, through the lens of gender, and from the vantage of different social institutions, power centers , and actors. Transitional justice also has to be studied temporally to discern long-term patterns and outcomes. This collection shows that it is also important to deconstruct key concepts and to question the vocabulary used in this new field of expression, where we encounter quasi-redemptive terminology (the healing of a society), ontological terms (reconciling society), normative expressions (reestablishing the rule of law), ethical terms (reestablishing human dignity), legal terms v iii FOR E WOR D (condemning and judging), philosophical-psychological terms (establishing the truth, healing), and political terms (reforming institutions). Transitional justice has emerged as a field of reflection and theory because some complex and real problems need to be solved—problems that go beyond the answers given to the victims or the sanctions imposed on the perpetrators. For the struggle against impunity to have more impact, it is necessary to “produce society” (as we anthropologists very often say), a social bond that cultivates accountability and promotes civic trust and equality of citizens and opportunity at all levels. The issue of the relationship between the production of society and impunity is present throughout this book. Overall, one conclusion emerges with blinding clarity in this book: transitional justice is not a universal panacea. By itself it cannot resolve anything and it cannot be an end in itself. Nevertheless, transitional justice can be a useful link when combining different strategies that contribute to a stronger strategic vision when designing policies against impunity. It can also help the actors progress beyond purely legalist thinking and contribute to the process of construction and reestablishment of civil confidence in a variety of forms. Reflection in the context of societies where odious and large-scale crimes have occurred is difficult, because one must deal directly with a very complex universe of victims, grasp the logics and trajectories of perpetrators and states, and grapple with the frequent absence of political will on the part of governments and even the international community. One of the tasks of an emerging “anthropology of transitional justice” should be to contribute to the process of reflection by exploring these issues and by using anthropological analysis, when appropriate, to help shape the more effective strategies. This collection of articles is a valuable step in that direction. Mô Bleeker ...