Restorative Justice in Transition

Transitional Justice in Latin America: Toward What Kind of Justice?

“…The concept of restorative justice is usually understood as a form of justice that contributes to repairing the harm done, not only to direct victims but also to other social groups affected by violence. Many therefore characterise this type of justice as 'relational', since it aims to address and repair the damage done to social relations by violence (Clamp, 2014;Laplante, 2014). This perspective places emphasis on non-punitive mechanisms such as truth commissions, memorials, apologies, and reconciliation and dialogue initiatives as alternative forms of dealing with the past, questioning the reparatory potential of criminal justice.…”

Enriching trial justice for crime victims in common law systems

“…However, there is a risk that such forms of reparation may be perceived as being grossly disproportionate and may trivialize suffering, so justice may be seen as being belittled or degraded if not backed up by something more tangible, such as the restitution of property or financial compensation (Aukerman, 2002). Indeed, Clamp (2013) has argued that most victims prioritize peace and stability over other forms of reparation.…”

“…Just as many transitional justice mechanisms have often failed to deliver effective participation for victims, their efforts to provide effective redress to victims have also fallen short on occasion. The nature of the difficulties present in many post-conflict societies means that the reparatory ideal is often difficult to obtain in practice owing to the complexities of transitional environments, the scale and seriousness of the acts committed; the blurred line between victims and offenders, and the large numbers typically involved in the conflict (Clamp, 2013). Thus, whilst the South African TRC has been widely lauded for its contribution to the political transition to democracy, empirical research illustrates that victims’ material needs and problems pertaining to structural inequality remain largely unaddressed (Byrne, 2004; Hamber et al, 2000).…”

Restorative justice in the Basque peace process: some experiments and their lessons

“…At the same time, a number of commentators have cautioned against making ambitious claims about what restorative justice can achieve in transitional settings. Restorative justice was originally designed to respond to 'ordinary' crime in peaceful societies, and it is neither appropriate nor sufficient for dealing with dilemmas faced in transitional contexts (Clamp, 2014;Clamp & Doak, 2012;Rohne, Arsovska and Aertsen, 2012, pp.19-20;Uprimny and Saffon, 2006;Woolford, 2009, p.119). In such settings, the scale and seriousness of violations stretch conventional restorative practices beyond their limits and present restorative justice theory with numerous conceptual challenges.…”