Restorative Justice in Transition

Description

This book explores how restorative justice is used and what its potential benefits are in situations where the state has been either explicitly or implicitly involved in human rights abuses. Restorative justice is increasingly becoming a popular mechanism to respond to crime in democratic settings and while there is a burgeoning literature on these contexts, there is less information that focuses explicitly on its use in nations that have experienced protracted periods of conflict and oppression. This book interrogates both macro and micro utilisations of restorative justice, including truth commissions, criminal justice reform and the development of initiatives by communities and other non-state actors. The central premise is that the primary potential of restorative justice in responding to international crime should be viewed in terms of the lessons that it provides for problem-solving, rather than its traditional role as a mechanism or process to respond to conflict. Four values are put forward that should frame any restorative approach - engagement, empowerment, reintegration and transformation. It is thought that these values provide enough space for local actors to devise their own culturally relevant processes to achieve longstanding peace. This book will be of interest to those conducting research in the fields of restorative justice, transitional justice as well as criminology in general. Cover Restorative Justice in Transition Title Page Copyright Page Dedication Table of Contents Foreword Acknowledgements List of abbreviations 1 Introduction Evolving discourses in transitional justice Restorative justice in transitional contexts Outline of the book 2 Restorative justice as a contested response to conflict and the challenge of the transitional context Principles, values and goals of restorative justice: a brief overview The complexities of restorative justice Challenges for restorative justice as a response to mass victimisation A way forward 3 The value of restorative justice for transitional settings Striving for ‘transformation’ in transitional settings From concepts to practice 4 Restorative justice in transition: a multi-layered approach Directions of change Universalism versus local tradition The role of restorative justice in transitional justice 5 Restorative justice as a mechanism for nation-building Restorative justice and ‘top-down’ transitional justice mechanisms Conceptual confusion and the contested claims of restorative justice in the transitional context Untapping the potential of ‘top-down’ restorative justice mechanisms From backward-looking to forward-looking agendas 6 Restorative justice as a vehicle for reform Reforming justice: trends and obstacles From formal to informal responses to conflict 7 Restorative justice as a mechanism for peace-building Community as a stakeholder in restorative justice The challenge of ‘community’ in transitional settings The potential of the restorative ‘community’ in transitional societies Some final thoughts Conclusion: towards a transformative vision of restorative justice Macro and micro-utilisations of restorative justice The impact of restorative justice Notes References Index