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1 - Introduction: Transitional Justice and the “Gray Zone”

Published online by Cambridge University Press:  05 June 2012

Bronwyn Leebaw
Affiliation:
University of California, Riverside
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Summary

A torturer informs a prisoner that no matter how loud she screams no one will ever hear her cries. Perceived enemies of the state are “disappeared,” buried in mass graves, and forgotten. Episodes of repression, atrocity, and political violence are customarily downplayed or avoided in the history lessons that are taught to schoolchildren. Hannah Arendt characterized such strategies as efforts to establish “holes of oblivion into which all deeds, good and evil, would disappear.” She added that these efforts would never be entirely successful because “one person will always be left alive to tell the story.”

In recent decades, institutions designed to recover such stories, and to challenge efforts to consign evidence of past atrocities to “holes of oblivion,” have proliferated to numerous countries around the world. International war crimes tribunals have hired forensic scientists to reconstruct the stories that are told by the bones found in the mass graves of Bosnia-Herzegovina and Rwanda. An International Criminal Court has been developed to hold individuals accountable for egregious violations of human rights and humanitarian law. Truth commissions have been created in more than thirty-five countries to investigate patterns of political violence and abuses. These institutions have sent teams of investigators to the remote regions of Peru, the townships of South Africa, and the villages of East Timor and Sierra Leone to take testimony from survivors of political violence. They have compelled people who are responsible for torture, mass rape, “ethnic cleansing,” and genocide to come forward with evidence and confessions.

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Publisher: Cambridge University Press
Print publication year: 2011

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References

Roht-Arriaza, Naomi and Mariecruzana, Javier, eds., Transitional Justice in the Twenty-First Century: Beyond Truth versus Justice (New York: Cambridge University Press, 2006)
Antwerpen, Jonathan, “Moral Globalization and Discursive Struggle: Reconciliation, Transitional Justice, and Cosmopolitan Discourse,” in Globalization, Philanthropy, and Civil Society, ed. Hammack, David and Heydemann, Steven (Bloomington, IN: Indiana University Press, 2009)
Leebaw, Bronwyn, “The Irreconcilable Goals of Transitional Justice.” Human Rights Quarterly 30, no. 1 (2008): 95–118Google Scholar
Wiebelhaus-Brahm, Eric, Truth Commissions and Transitional Societies: The Impact on Human Rights and Democracy (New York: Routledge, 2009)
Kennedy, David, The Dark Sides of Virtue: Reassessing International Humanitarianism (Princeton, NJ and Oxford: Princeton University Press, 2004)
Huntington, Samuel, The Third Wave: Democratization in the Late 20th Century (Norman, OK: University of Oklahoma Press, 1991)
,Transitional Justice, 213–28; “Transitional Justice Genealogy,” Harvard Human Rights Journal 16 (2003): 69–94Google Scholar

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