In any transitional justice mechanism there are tradeoffs between the search for retributive justice and the practical limitations on what can be accomplished. To date, this tension has been discussed in reference to internationally established norms of justice, which the authors argue are limited in the extent to which they can explain why certain mechanisms—such as the South African Truth and Reconciliation Commission or Rwanda’s gacaca courts—have been considered successful. We argue that mechanisms that have a high overlap between local culture and elements of procedural justice are perceived as more fair and just, even to those who may not benefit—or indeed may be burdened—by their operation.
local culture, procedural justice, retributive justice, Rwanda, South Africa, transitional justice
Hancock, Landon E. and d’Estrée, Tamra Pearson
"Culture and Procedural Justice in Transitioning Societies,"
Peace and Conflict Studies: Vol. 18:
1, Article 4.
Available at: https://nsuworks.nova.edu/pcs/vol18/iss1/4