TY - JOUR
T1 - Justice Now and Later
T2 - How Measures Taken to Address Wrongdoings during Armed Conflict Affect Postconflict Justice
AU - Binningsbø, Helga Malmin
AU - Drange, Bård
AU - Loyle, Cyanne E.
N1 - Publisher Copyright:
© The Author(s) 2023. Published by Oxford University Press. All rights reserved.
PY - 2023/7/1
Y1 - 2023/7/1
N2 - Transitional justice has become a default response when rebuilding postconflict societies. Indeed, to reconcile and move forward, it is argued that societies need to confront the violence of the past. But what factors influence when and how past violence will be addressed? We argue that judicial and quasi-judicial processes initiated while armed conflict is ongoing have a substantial impact on the judicial policies pursued once conflict has ended. Through an analysis of during- and postconflict justice in Colombia since 2000, we demonstrate that a history of addressing human rights violations makes it more likely that transitional justice will be adopted given three mechanisms: policy precedent, institutional repertories and public expectations. We analyse this relationship through global patterns of during- and postconflict justice since 1946. Our findings confirm the expectation that justice polices pursued (or not pursued) during conflict are a strong factor in understanding how the past will be addressed post conflict.
AB - Transitional justice has become a default response when rebuilding postconflict societies. Indeed, to reconcile and move forward, it is argued that societies need to confront the violence of the past. But what factors influence when and how past violence will be addressed? We argue that judicial and quasi-judicial processes initiated while armed conflict is ongoing have a substantial impact on the judicial policies pursued once conflict has ended. Through an analysis of during- and postconflict justice in Colombia since 2000, we demonstrate that a history of addressing human rights violations makes it more likely that transitional justice will be adopted given three mechanisms: policy precedent, institutional repertories and public expectations. We analyse this relationship through global patterns of during- and postconflict justice since 1946. Our findings confirm the expectation that justice polices pursued (or not pursued) during conflict are a strong factor in understanding how the past will be addressed post conflict.
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U2 - 10.1093/ijtj/ijad015
DO - 10.1093/ijtj/ijad015
M3 - Article
AN - SCOPUS:85206283294
SN - 1752-7716
VL - 17
SP - 212
EP - 232
JO - The International Journal of Transitional Justice
JF - The International Journal of Transitional Justice
IS - 2
ER -