Legal process is invoked by supporters of transitional justice as necessary if not a precondition for societies affected by mass violence to transition into a new period of peace and stability. In this paper, we question the presumption that trials and/or truth commissions should be an early response to initiating a transitional justice process. We conducted a multi-factorial, qualitative analysis of seven case studies in countries impacted by mass violence and repression—Argentina, Cambodia, Guatemala, Timor-Leste, Northern Ireland, Sierra Leone, and South Africa. What emerges is a fuller appreciation of the dynamic system in which transitional justice interventions occur. Each system component may influence the outcome of these interventions. We offer principles that can guide institutional development, scholarship, and policy prescriptions in the area of transitional justice.
This article examines the purpose and practice of a Veterans Treatment Court (VTC), a new type of problem-solving court designed to connect qualifying former service members in the criminal justice system with social services. While existing studies of VTCs explain these courts by focusing on veterans' distinct needs or deservingness based on their military service, this article argues that these courts are being created because of societal beliefs about veteran worth. By revealing how court staff, participants, and volunteers in one VTC invoke beliefs about veteran worth, the findings of this study show that VTCs link worth to veteran identity, leaving participants suspended in conflicting notions of state and individual responsibility for criminal behavior.
This article provides a neoinstitutionalist account of how a transnational social movement (TSM) sets its agenda. A theoretical framework is presented to reveal how logics from the transnational and local organizational fields influence legal mobilization. To provide insight into how a TSM accommodates contradictory and competing logics within and between these fields, this article examines mobilization around a fact‐finding commission, sometimes called a truth commission, to address the ongoing social and political divides in Bosnia and Herzegovina (BiH). The findings, based on fieldwork conducted between 2009 and 2011, are used to develop the theoretical concept of a quasi‐judicial medium, a legal body that, initially, will appeal to a variety of actors, but may be unable to adequately address existing divides. The conclusions point to further directions in the study of transnational legal mobilization, particularly the conditions under which the ambiguity of a movement strategy helps meet and/or moderate movement goals.
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