Analyzing Resistance to Transitional Justice

Abstract

A focus on understanding and managing the reactions of affected populations has led to hybridity’s being an important part of the discussions about, and applications of, transitional justice. However, despite the presence of “resistance” as a component in theories of hybrid peace, there is limited in-depth theoretical or empirical work on resistance to transitional justice. Th e content of this article addresses this gap in two main ways. First, it asks what we can learn from theories of hybrid peace about resistance to transitional justice. Second, it proposes a particular approach to resistance that would allow for a more dynamic and ultimately more useful understanding of resistance to transitional justice. Th e argument presented here states not only that we must seek to understand the nature of resistance as a part of hybridity, but we must do so by analyzing the relational process through which acts come to be defined as resistance.

Claims to ignorance as a form of participation in transitional justice

“…Such claims to ignorance display knowledge, awareness and opinion, which can be interpreted as resistance, restraint or disentitlement. Resistance shows that these statements can be an expression of agency and opposition to current conceptualisation of transitional justice, for example, as imposed (Jones, 2016). Restraint can show how individuals avoid conflict to navigate post-conflict societies (Shaw and Waldorf, 2010).…”

“…For example, individuals can challenge a dominant narrative, not through verbal articulations, but through the act of ‘just being there’ (Mannergren Selimovic, 2020: 12). The implication is that if we conceptualise claims to ignorance as resistance and treat them as valid objects of inquiry, rather than dismissing them as a form of denial or deviance, then we can reveal an alternative form of participation that is currently being ignored (Jones, 2016: 80).…”

‘The Everyday Work of Repair’: Exploring the Resilience of Victims-/Survivors of Conflict-Related Sexual Violence

“…134 On this point, Jones notes that 'the recognition that transitional justice as a normative ambition is in fact political and contested has led to a plethora of work exploring the reactions and perspectives of affected populations as well as the biases and practices of marginalization within transitional justice itself'. 135 In assessing the impact and achievements of transitional justice mechanisms, thus, 'the concept of "hybridity" provides an additional layer of complexity and critique, asking us to think about the intricate interaction between "top-down" and "bottom-up" forces and processes' 136 -and directing attention towards 'the multifarious ways in which top-down and bottom-up forces interface and produce something contextually unique'. 137 The interview data illustrate the importance of hybridity in this regard -reflected in the theme '"It didn't change anything": Justice that connects/makes a difference'.…”

Finding a Voice: Silence and its Significance for Transitional Justice

“…By extension, there is an important infrapolitics of transitional justice that merits exploration. Fundamentally, ‘if we treat resistance as a valid object of inquiry, rather than dismiss it as a form of deviance problematic for policy goals, it can reveal the alternative visions of peace and justice that may be present in any given society’ (Jones, 2016: 80; see also Jones and Bernath, 2018). Enabling these visions to emerge and take shape is a critical part of developing more collaborative (and hence agentic) ways of doing transitional justice that reposition the relationship between ‘top’ and ‘bottom’ as one of synergy and partnership.…”