Critically Interrogate the Role of ‘Transitional Justice from Below’ in Transitional Settings

Abstract

This essay explores the notion that transitional
justice from below depends principally on its ability to
realise three objectives, that of providing clarity of
purpose, complementarity to international criminal law
and localised justice initiatives. Whether top-down or
bottom-up, the role of transitional justice is itself contested
and some have argued it is in search of conflicting goals,1
moreover the word ‘justice’ in the term ‘transitional
justice’ can be problematic. It can seduce western states
and audiences into assuming this is justice in terms of
deterrence or retribution, conforming to liberal legalistic
modalities of punishment. This has not been and is not the
purpose of transitional justice. Transitional justice is seen
to seek a wide range of distinct but interconnected goals;
development, truth, peace, justice, healing, forgiveness and
reconciliation. However, transitional justice from below
can be seen to lack legitimacy in the eyes of the
international community, as initiatives may not conform
to international standards of due process, may therefore
be seen to lack accountability, or they may even be said to
be hide an authoritative governments agenda under the
guise of ‘tradition’.