Defining a relationship between transitional justice and jus post bellum: A call and an opportunity for post-conflict justice

Abstract

While there is an acknowledged overlap of transitional justice and jus post bellum, there has been no real attention to delineating a clear relationship between the two or addressing the significant differences regarding aims, scope and audience. These differences must be acknowledged and a clear relationship between the two fields needs to be demarcated for both intellectual clarity and practical reasons. It seems right to question not only where these fields of inquiry fall in relation to each other but how the two can co-exist and inform each other in a meaningful way that works to the benefit of victims of conflict and mass atrocity. Done correctly, this overlap can be ushered into a coherent research agenda where the two perspectives can be brought together in a careful and concise manner. This article aims to start to address this gap.

Alternative Justice for Victims in Uganda: Learning from the Impact of COVID-19 on the Court System

“…For example, some commentators in Uganda problematized state and civil society led calls for social distancing, deeming these policies unjust and reserved for the economically privileged as many people rely on daily cash transactions to meet basic needs 12 their living arrangements are unavoidably communal. 13 We can see similar trends in everyday life as many also challenge institutionalized justice systems responses to what is deemed unjust such as issuing the death penalty to someone who has committed murder. In some states across the United States and in Uganda, the death penalty is still an option.…”

“…Consequently, "radical" is now coupled with "anti-liberal" and "anti-west", and most devastatingly, "violent extremism" in post 9/11 public, political and academic discourses. 13 Exploring radical alternatives to the western (Neo)liberal mainstream is identified as a precursor to becoming a violent extremist. 14 This is a process referred to in counterterrorism discourse as "radicalization", which is a notion often used by states to reference "a process through which an individual adopts an increasingly extremist set of beliefs and aspirations.…”

“…12 For those in "Cancer Alley" in Louisiana or living between petrochemical plants in Houston, Texas, outdoor space is not a viable safe option for spending time. 13 Families residing in these and other similar areas are forced to make judgements daily on environmental safety, over which they have little to no control, before engaging in outdoor activities. 14…”

“…Looking to the past, it is essential to recognize that early American police evolved from slave catchers and militias organized to commit acts of violence against Native Americans as a way to "keep peace" in North America. 13 This history leads abolitionists to conclude that policing is a fundamentally racist institution no matter how many "good" individuals may join this institution hoping to make change from the inside. "[P]olicing in America," as Malaika Jabali writes for The Guardian, "cannot be reformed because it is designed for violence.…”

Jus Post Bellum and Just Peace

“…Broadly defined, the field introduces a strategy, that is, 'a way of thinking about justice after atrocity' . 59 It relates to justice 'associated with periods of political change' , 60 including 'legal responses to confront the wrongdoing of repressive predecessor regimes' . 61 It is part of the UN peacebuilding structure.…”