Transitional Justice and Memory Development in Europe

The use of transitology in the field of transitional justice: a critique of the literature on the 'third wave' of democratisation

“…66 According to Wouters, even in societies that "succeeded in building a strong national consensual regime, memory incidents stay present right under the surface … Alternative memories were never buried or forgotten but simply dormant or invisible (meaning not easily perceivable)". 67 Bevernage, relying to Derrida's and Althusser's works, thus argues that the past continues to disrupt the present, simply because historical processes resist "being frozen" and always contain "delays, survivals, and unfinished projects". 68 While the passage of time does indubitably make retributive justice more difficult (for legal or biological reasons), trials may occur many years after transition.…”

“…The generational shift, the evolution of the international human rights regime, the experience of neighbouring countries, and the emergence of a new domestic political context, are all elements that can contribute to accountability or memory shifts. 69 Thus, the passage of time does not necessarily alleviate the bitterest of memories. Although the preoccupation with justice and memory is sometimes replaced by other social and political concerns related to the present context, claims for accountability and remembrance can resurface and have an impact several decades after the collapse of dictatorial regimes.…”