Human Rights Education: The Third Leg of Post-Conflict/Transitional Justice

27 Pages Posted: 26 Nov 2005

See all articles by David E. Guinn

David E. Guinn

Rockefeller College of Public Affairs & Policy

Date Written: November 22, 2005

Abstract

Emerging out of the same foment of war and violence that led to the recognition of international human rights, post-conflict or transitional justice represents one of the most important political developments in efforts to advance human civilization to arise during the course of the twentieth century. As more and more countries undergo the trauma of civil war or revolutions against repressive regimes, they and the international community must confront the problems of transforming these situations of violent conflict into healthy, functional democratic states. The guiding principle behind post-conflict or transitional justice is that complying with the demands of justice is a necessary prerequisite to peace and stability.

The two terms, post-conflict justice and transitional justice, while often used interchangeably to cover the same basic concerns with justice, reflect developmental changes within the field and slightly varying perspectives on its application. The former, growing out of the Nuremberg trials (though having roots as early as the Treaty of Versaille), initially focused on retributive justice through judicial mechanisms as a means of punishment and prevention arising out of concluded conflicts. Transitional justice emerged in the 1980s in situations where the conflict had not yet been resolved. Instead of focusing upon individual perpetrators, it shifted attention to broader social issues relating to the need for reconciliation and social reconstruction. It supported the development of truth commissions and victim reparations, issues of restorative justice. Along with the possible inclusion of trials, transitional justice embodies those practices that take place after or facilitate the transition from one political regime to another. Contemporary approaches to transitional justice increasingly view the application of judicial mechanisms, truth commissions, and victims' compensation as elements within the total arsenal of transitional justice, each to be applied as appropriate to the specific situation arising in the country in question. Thus, while all three approaches may be appropriate, one or the other may be accorded primary attention, while the others play roles of lesser public import. These approaches, however, fail to appreciate that, even according to their own justifications for action, they remain inadequate to the task assigned. They are necessary but incomplete. In order to achieve the effects desired, transition from a dysfunctional society to a healthy democracy, they must be combined with an effective program of human rights education. This applies whether one looks at the issue through the lens of retributive justice (identified principally with post-conflict judicial mechanism approaches) or restorative justice (associated with transitional justice mechanisms).

Keywords: human rights, education, post-conflict justice, restorative justice, retributive justice

JEL Classification: K19, K33

Suggested Citation

Guinn, David E., Human Rights Education: The Third Leg of Post-Conflict/Transitional Justice (November 22, 2005). Available at SSRN: https://ssrn.com/abstract=854488 or http://dx.doi.org/10.2139/ssrn.854488

David E. Guinn (Contact Author)

Rockefeller College of Public Affairs & Policy ( email )

State University Plaza
Albany, NY 12246
United States

HOME PAGE: http://https://www.albany.edu/rockefeller/faculty/david-e-guinn

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