LAW

Power, Impunity, Memory and Reconciliation

Power, Impunity, Memory and Reconciliation

Introduction

The transitional justice was a term that emerged during the time when emerging democracies reckoned with former regimes. After twenty years of time, the concept of transitional justice has changed the legal, social and political guidance to societies which aim to create a social change. The main assumption of such periods of change usually comes out of a place where mass slaughters have taken place. The main purpose of this paper is to understand how power, impunity, memory and reconciliation operate in a system and how the perpetrators are able to get away in this system.

Discussion

An important factor of transitional justice is that the culprits of genocide, crimes against humanity, war crimes are punished for the slaughters they commit. Therefore, the very important aspects that come here is power of the perpetrators. The abusers usually have a powerful background which helps them commit such atrocities at a larger level. There are two things that come under this which is firstly that the international law system obliges states to investigate and punish those who are responsible. The impunity factor which is to bring these individuals to justice and accountability which is mainly for the crimes that was committed in the past. This way crime for the future could be saved from being committed. There are at least 113 rules that were passed in 2002 which granted authority to ICC over crimes that were conducted against humanity. Thus, an important element of making individuals accountable is important at an international level. Much of the last decade has been focusing on international justice and what to do with Osama bin Laden. A strong debate over international trials, military tribunals and other issues in the post-transition justice gave rise to rise of truth commissions. Such commissions have been started in other places, however lacked in Afghanistan due to chaotic and violent conditions in this part of the world. In the year 2000, the first elected president of Yugoslavia announced the creation of truth commission whose main responsibilities were to investigate the crimes that were committed during the succession wars of Yugoslav. The establishment of truth commission has raised popularity amongst the new leaders to show their democratic commitment to international community.

The South African Truth and Reconciliation Commission is a court like restorative justice in South Africa. The victims of the human rights violations were made to come and tell about their experiences. This way the perpetrators of violence could give testimony and request amnesty for both civil and criminal trial. The TRC was the first to stage international public hearings which was very important for the transition towards full and free democracy in South Africa. Although, it has some flaws it is still considered as very successful. The issue of mass violence and terror around nations leaves the states in fear and demonstration of lack of state legitimacy. This has led to usage of different methods for reconciliation and peace keeping procedures by the truth ...