Truth and reconciliation commissions (TRCs) have emerged as an international norm and are assumed to be an essential element of national reconciliation, democratization, and post-conflict development. Despite the increase in the number of TRCs being initiated around the globe and the international consensus regarding their positive effects, there is little understanding of the long-term effects and consequences of TRCs. Specifically, currently there are no established methods or mechanisms for measuring the impacts of TRCs; furthermore, the few examples of efforts to measure these impacts have serious limitations. This article explores both the rise in TRCs as an international norm and the contradictions and inadequacies in existing efforts to measure the impacts and successes of commissions. Through this examination, we aim to demonstrate the need for more critical, interactive, and inclusive mechanisms of assessment for understanding the effects of TRCs. The objective is neither to promote nor to criticize a specific TRC or TRCs in general; however, this article emphasizes the need to think rigorously about how we assess the effects of TRCs and offers insights into the value of more comprehensive mechanisms for assessing the impacts and local perceptions of commissions.
The positive effects of rule of law norms and institutions are often assumed in the peacebuilding literature, with empirical work focusing more on processes of compliance with international standards in war-torn countries. Yet, this article contends that purportedly ‘good’ rule of law norms do not always deliver benign benefits but rather often have negative consequences that harm the very local constituents that peacebuilders promise to help. Specifically, the article argues that rule of law promotion in war-torn countries disproportionately favours actors who have been historically privileged by unequal socio-legal and economic structures at the expense of those whom peacebuilders claim to emancipate. By entrenching an inequitable state system which benefits those with wealth, education, and influence, rule of law institutions have reinforced structural, social, and cost-related barriers to justice. These negative effects explain why war-torn societies avoid the formal courts and law enforcement agencies despite substantial international efforts to professionalise and strengthen these institutions to meet global rule of law standards. The argument is drawn from an historical, comparative, and empirical analysis of the UK-funded justice sector development programme in Sierra Leone and US-supported rule of law reforms in Liberia – two postwar countries often cited as prototypes of successful peacebuilding.
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