TRANSITIONAL JUSTICE

Transitional justice has come to increasing prominence over the past few decades. It refers to the range of mechanisms and processes used by a society to confront a legacy of past abuses caused by conflict, oppressive rule or state failure. In most cases it accompanies processes of democratisation. Although primarily aimed at achieving truth, justice and reconciliation, transitional justice strategies are central to the long-term aims such as re-establishing the rule of law and building accountable and transparent institutions and systems of the state. A range of judicial and non-judicial mechanisms may be employed during transitional contexts, including formal criminal prosecutions, truth commissions, reparations programmes, support services for victims and survivors, as well as commemorations and public memorials.

International Standards

Formal judicial mechanisms applied in transitional contexts are bound by standards contained within international human rights, humanitarian and criminal law. These standards outline the obligations of states in relation to the prevention, investigation, prosecution and punishment of crimes and violations of human rights and humanitarian law. They also contain duties relating to the treatment and detention of those accused and prisoners. A number of ad hoc international or hybrid judicial mechanisms to prosecute international crimes have been established over the past decade, notably the International Criminal Tribunal for the Former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR), the Special Court for Sierra Leone (SCSL) and the Special Panel for Serious Crimes in Timor-Leste (SPSC). However, since the Rome Statute of the International Criminal Court came into force in 2002, there is now a permanent International Criminal Court that holds jurisdiction over crimes against humanity, genocide, and war crimes. This marks an important step towards tackling the culture of impunity and ensuring justice for victims There are no specific standards relating to the application of non-judicial transitional mechanisms, such as vetting processes, truth commissions or reparations programmes. However, there are number of UN declarations and guidelines relating to protection against forced disappearances, the rights and reparations of victims, combating impunity, and preventing and investigating extralegal, arbitrary and summary executions.

PRI’s work on transitional justice

PRI has been undertaking independent monitoring of the Gacaca courts in Rwanda since they became operational in 2001 in response to the crimes committed during the 1994 genocide. PRI’s monitoring has been formulated around a programme of ‘action research’, which has been designed to enable a team of local researchers to capture the perceptions and experiences of key stakeholders, namely genocide survivors, witnesses, detainees, civil society organisations and government staff, in the Gacaca process. Between 2001 and 2006, PRI has undertaken over 500 interviews and produced more than 800 observation reports. These have been used to produce a series of research reports, which address a variety of themes and include practical recommendations for the Gacaca jurisdictions. PRI will shortly be publishing a report on the application of community service as an alternative sanction to imprisonment within the Gacaca courts.

PRI Resources and Publications

Monitoring and research report on the Gacaca information gathering during the national Phase

Integrated report on Gacaca research and monitoring pilot phase January 2002–December 2004

From camp to hill: the reintegration of released prisoners

The guilty plea procedure: cornerstone of the Rwandan justice system

Gacaca jurisdictions and its preparations, April–June 2002