International Journal of Transitional Justice
Volume 15, Issue 1, March 2021
Online ISSN: 1752-7724, Print ISSN: 1752-7716
In the past two decades, countries emerging from divided histories have increasingly incorporated transitional justice mechanisms in order to uncover and deal with crimes of the past. Transitional justice has fast emerged as a recognised field of policy expertise, research and law, and today, is considered to be an academic discipline in its own right. Futhermore, concerns with transitional justice and its relevance to building durable peace has acquired an urgency and a priority within the world’s most important multilateral agencies. United Nations Secretary-General Kofi Annan, in addresses to both the Security Council and the General Assembly, has noted that it is only through ‘reintroducing the rule of law and confidence in its impartial application that we can hope to resuscitate societies shattered by conflict’. Citing transitional justice processes as a key vehicle in achieving this objective, Annan announced that the United Nations is working on ‘important new tools’ to strengthen the transitional justice processes of post-conflict states.
Despite the growing importance of this field however, the development of research has to date been piece-meal and sporadic. Researchers and practitioners in this field are drawn from a wide variety of disciplines and from various regions of the world, and have few institutional mechanisms for sharing information and comparing experiences. This in turn hampers the ability to build on past research and record best practices, negatively impacting on the evolution of the field. Innovation in rethinking the paradigm of transitional justice is stifled because there are few settings where cross-disciplinary discourse can take place.
The International Journal of Transitional Justice aims to provide just such a forum for developing and sharing knowledge and for building and consolidating research expertise in this vital field of study. Most importantly, IJTJ serves as both a vehicle for this information and as a point of dialogue between activists, practitioners and academics. This dialogue is promoted by the format and structure of the journal. In addition to regular length articles, the journal has a section entitled ‘Notes from the Field’ which carries shorter practitioner focused articles, interviews, discussion papers, responses to earlier articles, practitioners’ reflections, creative writing and the presentation of new data.
‘Transitional justice’ is defined broadly so as to engage with a wide spectrum of civil society and government initiatives. This is of particular importance as the field itself continues to grow and evolve in concept and scope.
While truth seeking is perhaps the most commonly known instrument of transitional justice today and an increasingly regularized, if contested, element of the democratic transition of many states, countries are also choosing to employ locally inspired forums of justice. Internationally, prosecutorial responses to organized violence have similarly evolved in the past decade. Some of these developments include the advent of the International Criminal Court, the international tribunals in the Former Yugoslavia and Rwanda, the Special Court in Sierra Leone, and increasing acceptance of universal jurisdiction for international crimes.
Bearing in mind these new developments, IJTJ seeks to be flexible enough to respond to dynamic growth in the field as well as to solicit articles from a range of fields and disciplines in order to encourage conversation and debate between diverse perspectives and methodologies.
Housing, Land and Property Rights in Transitional Justice
Jon D Unruh, Musa Adam Abdul-Jalil
Intruders in a Balancing Act: Black Economic Empowerment, Transitional Justice and Investment Arbitration Tribunals
Ginevra Le Moli
Who Owns What in Macondo? The Flexibilization of the Rules of Evidence in Land Restitution in Colombia
Luis Enrique Ruiz González, Rocío Del Pilar Peña-Huertas, María Mónica Parada-Hernández, Alfonso Javier Lozano Valcárcel, Bryan Triana Ancínez …
The Promise and Perils of Urban Land Restitution in Latvia
Jamie Rowen, Arta Snipe
Land Restitution in Postconflict Burundi
Experiences of Spiritual Advocacy for Land and Territorial Itineraries for the Defense of Wiwa Women’s Rights in Postconflict Colombia
Lejandrina Pastor, Angela Santamaria
‘Ending the Silence’: Addressing the Legacy of Displacement in Northern Ireland’s ‘Troubles’
The Law and Its Limits: Land Grievances, Wicked Problems, and Transitional Justice in Timor-Leste
Institutional Reform in Myanmar: Preventing Corporate Land Rights Abuses
Daniel Aguirre, Irene Pietropaoli
Attempts at Redress Through the Lens of Social Identity: Housing, Land and Property of the Displaced in Cyprus
Mijke de Waardt, Dora Georgiou, Evren Celal
Land and Transitional Justice in Brazil
Fabricio Teló, Alessandra Gasparotto, Leonilde Servolo de Medeiros, Regina Coelly Fernandes Saraiva
Territory as a Victim of Armed Conflict
Alexandra Huneeus, Pablo Rueda Sáiz
Notes from the Field
Collective Ownership and Land Restitution: A New Opportunity for Afro-Colombian Communities
Rocío Del Pilar Peña-Huertas, María Mónica Parada-Hernández, Natalia Abril-Bonilla, Luisa Fda Uribe-Larrota, María Camila Jiménez-Nicholls …
The Promised Land of Transitional Justice
Nelson Camilo Sánchez