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Transitional Justice, Development, and Economic Violence

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Justice and Economic Violence in Transition

Part of the book series: Springer Series in Transitional Justice ((SSTJ,volume 5))

Abstract

This chapter addresses the contribution that transitional justice measures—including criminal prosecutions, truth-telling initiatives, reparations programs, and certain types of institutional reform—may make to socioeconomic development. Drawing on the notions of corrective justice and distributive justice generally associated with these two fields, it argues that transitional justice can make its most significant contribution to development by facilitating social integration, helping to prevent the recurrence of abuses, legitimizing state institutions, strengthening civil society, and improving state–society relations. It does this mainly by effectively achieving its goals of recognizing victims, fostering civic trust, and strengthening the rule of law. Furthermore, to the extent that transitional justice can effectively respond to economic violence, which involves the economic and social aspects of injustice caused by human rights violations, it may make a further contribution to development processes. However, realistic expectations about the extent of this contribution are important, as it will most likely be indirect and long term and, given the complexity and duration of most transitional and developmental processes, difficult to measure empirically; nor should the potential tensions between the goals and interventions of justice and development be ignored. The chapter reviews the arguments for and against expanding the mandates of transitional justice measures beyond the traditional focus on civil and political rights violations to include economic, social, and cultural rights violations, arguing that in some contexts, it makes sense for transitional justice to adopt a relatively narrow approach to economic violence.

I would like to thank Dustin Sharp, Pablo de Greiff, and Clara Ramírez-Barat for their very helpful comments on this chapter. The views expressed here are my own and do not necessarily reflect those of the International Center for Transitional Justice.

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Notes

  1. 1.

    See, e.g., Thomas Carothers, “The End of the Transition Paradigm,” Journal of Democracy 13, no. 1 (2002): 5–21; World Bank, World Development Report 2011:Conflict, Security, and Development (Washington DC: World Bank, 2011).

  2. 2.

    World Bank, World Development Report 2011.

  3. 3.

    See, e.g., ICTJ projects on the relationships between transitional justice and disarmament, demobilization, and reintegration (DDR), displacement, development, and on the broader context more generally: http://ictj.org/research.

  4. 4.

    See, e.g., ICTJ Research Unit, “Transitional Justice and Development,” ICTJ Briefing, September 2009; Transitional Justice and Development: Making Connections, ed. Pablo de Greiff and Roger Duthie (New York: Social Science Research Council, 2009), in particular Marcus Lenzen, “Roads Less Travelled? Conceptual Pathways (and Stumbling Blocks) for Development and Transitional Justice” and De Greiff, “Articulating the Links Between Transitional Justice and Development”; Helen Clark, “A Role for Development in Transitional Justice: The Arab Spring and Beyond,” New York University-ICTJ Emilio Mignone Lecture on Transitional Justice and Development, November 14, 2011; ICTJ and the UK Department for International Development (DFID), “Donor Strategies for Transitional Justice: Taking Stock and Moving Forward,” conference report, October 15–16, 2007; Ingrid Samset, Stina Petersen, and Vibeke Wang, “Maintaining the Process? Aid to Transitional Justice in Rwanda and Guatemala, 1995–2005,” paper prepared for the conference “Building a Future on Peace and Justice,” June 25–27, 2007, Nuremberg, Germany; Patricia Lundy and Mark McGovern, “The Role of Community in Transitional Justice,” in Transitional Justice from Below: Grassroots Activism and the Struggle for Change, ed. Kieran McEvoy and Lorna McGregor (Oxford: Hart Publishing, 2008).

  5. 5.

    Pablo de Greiff, “Theorizing Transitional Justice,” in NOMOS LI: Transitional Justice, ed. Melissa Williams, Rosemary Nagy, and Jon Elster (New York: New York University Press, 2012).

  6. 6.

    Ibid.

  7. 7.

    See ICTJ, “What is Transitional Justice?” http://ictj.org/about/transitional-justice.

  8. 8.

    On the history of the concept of transitional justice, see Paige Arthur, “How ‘Transitions’ Reshaped Human Rights: A Conceptual History of Transitional Justice,” Human Rights Quarterly 31, no. 2 (2009): 322–364; Jon Elster, Closing the Books: Transitional Justice in Historical Perspective (Cambridge: Cambridge University Press, 2004); Ruti Teitel, “Transitional Justice Genealogy,” Harvard Human Rights Journal 16 (2003): 69–94.

  9. 9.

    Ruben Carranza, “Plunder and Pain: Should Transitional Justice Engage with Corruption and Economic Crimes?,” International Journal of Transitional Justice 2, no. 3 (2008): 310–330.

  10. 10.

    Arthur, “How ‘Transitions’ Reshaped Human Rights.”

  11. 11.

    Lars Waldorf, “Anticipating the Past: Transitional Justice and Socio-Economic Wrongs,” Social and Legal Studies 21, no. 2 (2012): 173.

  12. 12.

    Simon Robins, “Transitional Justice as an Elite Discourse,” Critical Asian Studies 44, no. 1 (2012): 21.

  13. 13.

    See, e.g., Louise Arbour, “Economic and Social Justice for Societies in Transition,” Second Annual Transitional Justice Lecture, New York University School of Law Center for Human Rights and Global Justice and the International Center for Transitional Justice, New York, NY, October 25, 2006; Report of the Task Force on the Establishment of a Truth, Justice and Reconciliation Commission (Nairobi: Government Printer, 2003).

  14. 14.

    Carranza, “Plunder and Pain,” citing in particular the African Transitional Justice Research Network, http://www.transitionaljustice.net; Priscilla Hayner and Lydiah Bosire, “Should Truth Commissions Address Economic Crimes? Considering the Case of Kenya,” Transparency International report, March 26, 2003.

  15. 15.

    Robins, “Transitional Justice as an Elite Discourse,” 3, citing Teitel.

  16. 16.

    Yvette Selim and Tim Murithi, “Transitional Justice and Development: Partners for Sustainable Peace in Africa?” Journal of Peacebuilding and Development 6, no. 2 (2011): 59.

  17. 17.

    Helen Chang Mack and Monica Segura Leonardo, “Editorial Note: When Transitional Justice Is Not Enough,” International Journal of Transitional Justice 6, no. 2 (2012): 176–177.

  18. 18.

    See Erik Thorbecke, “The Evolution of the Development Doctrine, 1950–2005,” in Advancing Development: Core Themes in Global Economics, ed. George Mavrotas and Anthony Shorrocks (New York: Palgrave Macmillan, 2007).

  19. 19.

    See Amartya Sen, Development as Freedom (New York: Knopf, 1999). The United Nations Development Programme (UNDP) defines human development as “a process of enlarging people’s choices. The most critical ones are to lead a long and healthy life, to be educated, and to enjoy a decent standard of living. Additional choices include political freedom, guaranteed human rights and self-respect.” United Nations Development Programme (UNDP), Human Development Report (New York: UNDP, 1990), 10.

  20. 20.

    Peter Uvin, Human Rights and Development (Bloomfield, CT: Kumarian Press, 2004), 175–176.

  21. 21.

    Pablo de Greiff, “Articulating the Links Between Transitional Justice and Development: Justice and Social Integration,” in Transitional Justice and Development, 63.

  22. 22.

    See Pablo Kalmanovitz, “Corrective Justice versus Social Justice in the Aftermath of War,” in Distributive Justice in Transitions, ed. Morten Bergsmo, Cesar Rodriguez-Garavito, Pablo Kalmanovitz, and Maria Paula Saffon (Oslo: Torkel Opsahl Academic EPublisher, 2010), 85; Rhodri Williams, “Protection in the Past Tense: Restitution at the Juncture of Humanitarian Response to Displacement and Transitional Justice,” in Transitional Justice and Displacement, ed. Roger Duthie (New York: Social Science Research Council, 2012), 102.

  23. 23.

    Waldorf, “Anticipating the Past,” 179.

  24. 24.

    De Greiff, “Articulating the Links Between Transitional Justice and Development,” 63.

  25. 25.

    Ibid.

  26. 26.

    Alex Boraine, A Country Unmasked (Oxford: Oxford University Press, 2000), 357.

  27. 27.

    Rama Mani, Beyond Retribution: Seeking Justice in the Shadows of War (Cambridge: Polity/Blackwell, 2002).

  28. 28.

    Susanne Reiff, Sylvia Servaes, and Natascha Zupan, “Development and Legitimacy in Transitional Justice,” report from workshops co-organized by the Working Group on Development and Peace at the conference Building a Future on Peace and Justice, Nuremberg, June 25–27, 2007. For the papers presented at the conference, see Kai Ambos, Judith Large, and Marieke Wierda, eds., Building a Future on Peace and Justice: Studies on Transitional Justice, Peace and Development (Heidelberg: Springer, 2009).

  29. 29.

    Ruth Rubio-Marín and Pablo de Greiff, “Women and Reparations,” International Journal of Transitional Justice 1 (2007): 318–337; Gerd Junne and Willemijn Verkoren, “The Challenge of Postconflict Development,” in Postconflict Development: Meeting the Challenges, eds. Gerd Junne and Willemijn Verkoren (Boulder: Lynne Rienner, 2004); and Martina Fischer, Hans Gießmann, and Beatrix Schmelzle, eds., Berghof Handbook for Conflict Transformation, online resource published by the Berghof Research Center for Constructive Conflict Management, http://www.berghof-handbook.net/.

  30. 30.

    See http://www.wun.ac.uk/research/transformative-justice-network, the website of the Transformative Justice Network, and its concept note at http://www.wun.ac.uk/sites/default/files/transformative_justice_-_concept_note_web_version_OnlinePDF.pdf.

  31. 31.

    See chapter by Naomi Roht-Arriaza in this volume.

  32. 32.

    ICTJ Research Unit, “Transitional Justice and Development,” ICTJ Briefing, September 2009, 4; Naomi Roht-Arriaza and Katharine Orlovsky, “A Complementary Relationship: Reparations and Development,” in Transitional Justice and Development; Pablo de Greiff, “Justice and Reparations,” in The Handbook of Reparations, ed. Pablo de Greiff (Oxford: Oxford University Press, 2006).

  33. 33.

    ICTJ Research Unit, “Transitional Justice and Development,” 2; De Greiff, “Articulating the Links Between Transitional Justice and Development.”

  34. 34.

    De Greiff, “Articulating the Links Between Transitional Justice and Development.”

  35. 35.

    United Nations Security Council, The Rule of Law and Transitional Justice in Conflict and Post-Conflict Societies, Report of the Secretary-General, UN Doc. S/2011/634, October 12, 2011, 6.

  36. 36.

    OECD, “Supporting Statebuilding in Situations of Conflict and Fragility,” Policy Brief, June 2011.

  37. 37.

    World Development Report 2011, 16.

  38. 38.

    Ibid., 18.

  39. 39.

    Ibid., 125, 251.

  40. 40.

    Ibid.

  41. 41.

    Roht-Arriaza and Orlovsky, “A Complementary Relationship.”

  42. 42.

    Ibid.; ICTJ Research Unit, “Transitional Justice and Development,” 5.

  43. 43.

    See, e.g., UN General Assembly, Report of the Special Rapporteur on the Promotion of Truth, Justice, Reparation and Guarantees of Non-recurrence, Pablo de Greiff, UN Doc. A/67/368, September 13, 2012; Michael Trebilcock and Ronald Daniels, Rule of Law Reform and Development: Charting the Fragile Path of Progress (Cheltenham: Edward Elgar Publishing, 2008); Kenneth Dam, The Law-Growth Nexus: The Rule of Law and Economic Development (Washington, DC: Brookings Institution Press, 2006).

  44. 44.

    ICTJ Research Unit, “Transitional Justice and Development,” 3; De Greiff, “Articulating the Links Between Transitional Justice and Development”; Priscilla B. Hayner, Unspeakable Truths: Facing the Challenge of Truth Commissions (New York and London: Routledge, 2002), 102–106. Pablo de Greiff, “Truth Telling and the Rule of Law,” in Telling the Truths: Truth Telling and Peacebuilding in Post-Conflict Societies, ed. Tristan Anne Borer (Notre Dame, IN: University of Notre Dame Press, 2006).

  45. 45.

    ICTJ Research Unit, “Transitional Justice and Development,” 7; Muna B. Ndulo and Roger Duthie, “The Role of Judicial Reform in Transitional Justice and Development,” in Transitional Justice and Development; Office of the United Nations High Commissioner for Human Rights (OHCHR), Rule-of-Law Tools for Post-Conflict States: Maximizing the Legacy of Hybrid Courts (New York and Geneva: United Nations, 2008).

  46. 46.

    ICTJ Research Unit, “Transitional Justice and Development,” 6; Alexander Mayer-Rieckh and Roger Duthie, “Enhancing Justice and Development Though Justice-Sensitive Security Sector Reform,” in Transitional Justice and Development.

  47. 47.

    Pablo de Greiff, “Transitional Justice, Security, and Development,” World Development Report 2011 Background Paper, October 29, 2010, 17–18.

  48. 48.

    ICTJ Research Unit, “Transitional Justice and Development,” 5; Roht-Arriaza and Orlovsky, “A Complementary Relationship.”

  49. 49.

    OHCHR, Rule-of-Law Tools for Post-Conflict States: Reparations Programmes (New York and Geneva: United Nations, 2008), 16.

  50. 50.

    ICTJ Research Unit, “Transitional Justice and Development,” 4; Rolando Ames Cobian and Felix Reategui, “Toward Systematic Social Transformation: Truth Commissions and Development,” in Transitional Justice and Development. Jane Alexander, “A Scoping Study of Transitional Justice and Poverty Development: Final Report,” prepared for the UK Department for International Development (DFID), January 2003, 53.

  51. 51.

    Dustin Sharp, “Prosecutions, Development, and Justice: The Trial of Hissein Habré.” Harvard Human Rights Journal 16 (2003): 159, 173–176.

  52. 52.

    OHCHR, Rule-of-Law Tools for Post-Conflict States: Maximizing the Legacy of Hybrid Courts, 2, 6, 20–21.

  53. 53.

    Alexander Mayer-Rieckh, “On Preventing Abuse: Vetting and Other Transitional Reforms,” in Justice as Prevention: Vetting Public Employees in Transitional Societies, ed. Alexander Mayer-Rieckh and Pablo de Greiff (New York: Social Science Research Council, 2007), 503.

  54. 54.

    See Roger Duthie, “Building Trust and Capacity: Civil Society and Transitional Justice from a Development Perspective,” ICTJ Research Unit, November 2009.

  55. 55.

    Ibid.

  56. 56.

    Hugo van der Merwe, Polly Dewhirst, and Brandon Hamber, “Non-governmental Organisations and the Truth and Reconciliation Commission: An Impact Assessment,” Centre for the Study of Violence and Reconciliation, 1999, 26–32; David Backer, “Civil Society and Transitional Justice: Possibilities, Patterns and Prospects,” Journal of Human Rights 2, no. 3 (2003): 306; ICTJ, “Truth Commissions and NGOs: The Essential Relationship,” Occasional 33.

  57. 57.

    UNDP, “Overview of UNDP’s Involvement in the Reintegration of IDPs and Returnees in Post-Conflict Contexts,” http://www.undp.org/cpr/documents/recovery/UNDP_and_IDPs_OnlinePDF.pdf (accessed December 12, 2011), 3.

  58. 58.

    “Humanitarian reform seeks to improve the effectiveness of humanitarian response by ensuring greater predictability, accountability and partnership. It is an ambitious effort by the international humanitarian community to reach more beneficiaries, with more comprehensive needs-based relief and protection, in a more effective and timely manner.” See “Humanitarian Reform and the Global Cluster Approach,” OneResponse, August 15, 2011, http://oneresponse.info/COORDINATION/CLUSTERAPPROACH/Pages/Cluster%20Approach.aspx.

  59. 59.

    Cluster Working Group on Early Recovery, quoted in Vicky Tennant, “Return and Reintegration,” in Post-Conflict Peacebuilding: A Lexicon, ed. Vincent Chetail (Oxford: Oxford University Press, 2009), 318.

  60. 60.

    Asger Christensen and Niels Harild, Forced Displacement: The Development Challenge (World Bank, Washington, D.C., December 2009), 11–12.

  61. 61.

    Roger Duthie, “Contributing to Durable Solutions: Transitional Justice and the Integration and Reintegration of Displaced Persons,” in Transitional Justice and Displacement, 37–64.

  62. 62.

    Lars Waldorf, “Introduction: Linking and Transitional Justice,” in Disarming the Past: Transitional Justice and Ex-Combatants, ed. Ana Cutter Patel, Pablo de Greiff, and Lars Waldorf (New York: Social Science Research Council, 2009), 20.

  63. 63.

    Ibid.

  64. 64.

    Dustin N. Sharp, “Economic Violence in the Practice of African Truth Commissions and Beyond,” in this volume.

  65. 65.

    Ibid.

  66. 66.

    Arbour, “Economic and Social Justice for Societies in Transition.”

  67. 67.

    Zinaida Miller, “Effects of Invisibility: In Search of the ‘Economic’ in Transitional Justice,” International Journal of Transitional Justice 2, no. 3 (2008): 267–268.

  68. 68.

    Carranza, “Plunder and Pain,” 314, 316, 329.

  69. 69.

    See, e.g., Alexander, “A Scoping Study of Transitional Justice and Poverty Reduction”; James Cockayne, “Operation Helpem Fren: Solomon Islands, Transitional Justice, and the Silence of Contemporary Legal Pathologies on Questions of Distributive Justice,” Center for Human Rights and Global Justice Working Paper, Transitional Justice Series, No. 3, 2004, NYU School of Law; James L. Cavallaro and Sebastian Albuja, “The Lost Agenda: Economic Crimes and Truth Commissions in Latin America and Beyond,” in Transitional Justice from Below.

  70. 70.

    Lisa Hecht and Sabine Michalowski, “The Economic and Social Dimensions of Transitional Justice,” no date, 2, http://www.essex.ac.uk/tjn/documents/TheeconomicandsocialdimensionsofTJ_OnlinePDF.pdf.

  71. 71.

    Ibid., 3 and 4; see also chapter by Bohoslavsky and Torelly in this volume.

  72. 72.

    Evelyne Schmid, “Gender and Conflict: Potential Gains of Civil Society Efforts to Include Economic, Social and Cultural Rights in Transitional Justice,” paper prepared for the SHUR Final Conference Human Rights in Conflict: The Role of Civil Society, June 4–6, 2009, Luiss University, Rome.

  73. 73.

    United Nations, Guidance Note of the Secretary-General: United Nations Approach to Transitional Justice, March 2010, 7.

  74. 74.

    Ibid., 10.

  75. 75.

    United Nations Security Council, The Rule of Law and Transitional Justice in Conflict and Post-Conflict Societies, Report of the Secretary-General, 2011, 7, 15. Emphasis added.

  76. 76.

    Waldorf, “Anticipating the Past,” 174.

  77. 77.

    Sarah Chayes, “Corruption is Still Tunisia’s Challenge,” Los Angeles Times, June 10, 2012.

  78. 78.

    Reem Abou-El-Fadl, “Beyond Conventional Transitional Justice: Egypt’s 2011 Revolution and the Absence of Political Will,” International Journal of Transitional Justice 6, no. 2 (2012): 326, quoting Moataz El Fegiery.

  79. 79.

    Robins, “Transitional Justice as an Elite Discourse,” 15, 26.

  80. 80.

    For a more detailed discussion, see Roger Duthie, “Toward a Development-Sensitive Approach to Transitional Justice,” International Journal of Transitional Justice 2, no. 3 (2008): 292–309.

  81. 81.

    Evelyne Schmid, “War Crimes Related to Violations of Economic, Social and Cultural Rights,” Heidelberg Journal of International Law 71, no. 3 (2011): 3, 5, 9–17.

  82. 82.

    Evelyne Schmid, “Violations of Economic, Social and Cultural Rights as Components of International Crimes,” http://www.ius-gentium.ch/PosterEvelyneSchmid_ESCR_Crimes_OnlinePDF.pdf.

  83. 83.

    Displacement Solutions, “Housing, Land and Property Rights and International Criminal Justice: Holding HLP Rights Violators Accountable” (Geneva: Displacement Solutions, September 2012).

  84. 84.

    Emily Harwell and Philippe Le Billon, “Natural Connections: Linking Transitional Justice and Development Through a Focus on Natural Resources,” in Transitional Justice and Development, 292–293.

  85. 85.

    See Mark Drumbl, “Accountability for Property Crimes and Environmental War Crimes: Prosecution, Litigation, and Development,” Research Unit, International Center for Transitional Justice, New York, November 2009, 14–16.

  86. 86.

    Carranza, “Plunder and Pain,” 327–328; see also Ilias Bantekas, “Corruption as an International Crime and Crime Against Humanity: An Outline of Supplementary Criminal Justice Policies,” Journal of International Criminal Justice 4, no. 3 (2006): 466–484.

  87. 87.

    Randle DeFalco, “Accounting for Famine at the Extraordinary Chambers in the Courts of Cambodia: The Crimes Against Humanity of Extermination, Inhumane Acts and Persecution,” International Journal of Transitional Justice 5, no. 1 (2011): 158.

  88. 88.

    Hecht and Michalowski, “The Economic and Social Dimensions,” 8.

  89. 89.

    ICTJ Research Unit, “Transitional Justice and Development,” 7; Harwell and Le Billon, “Natural Connections.”

  90. 90.

    Carranza, “Plunder and Pain,” 324; De Greiff, “Articulating the Links Between Transitional Justice and Development,” 34; Kora Andrieu, “Dealing With a ‘New’ Grievance: Should Anticorruption Be Part of the Transitional Justice Agenda?,” Journal of Human Rights 11, No. 4, (2012): 537–557.

  91. 91.

    Clark, “A Role for Development in Transitional Justice.”

  92. 92.

    Ibid.

  93. 93.

    ICTJ Research Unit, “Transitional Justice and Development,” 3; Hayner, Unspeakable Truths; de Greiff, “Truth Telling and the Rule of Law.”

  94. 94.

    ICTJ Research Unit, “Transitional Justice and Development,” 3–4; Harwell and Le Billon, “Natural Connections: Linking Transitional Justice and Development Through a Focus on Natural Resources”; Chris Huggins, “Linking Broad Constellations of Ideas: Transitional Justice, Land Tenure Reform, and Development,” in Transitional Justice and Development; Julia Paulson, “(Re)Creating Education in Postconflict Contexts: Transitional Justice, Education, and Human Development,” ICTJ Research Unit, November 2009.

  95. 95.

    Carranza, “Plunder and Pain,” 321.

  96. 96.

    Andrieu, “Dealing With a ‘New’ Grievance”; Cavallaro and Albuja, “The Lost Agenda.”

  97. 97.

    Sharp, “Economic Violence in the Practice of African Truth Commissions and Beyond,” in this volume.

  98. 98.

    De Greiff, “Articulating the Links Between Transitional Justice and Development,” 38. See Alexander Mayer-Rieckh, “On Preventing Abuse: Vetting and Other Transitional Reforms,” and Federico Andreu-Guzmán, “Due Process and Vetting,” in Justice as Prevention.

  99. 99.

    Harwell and Le Billon, “Natural Connections”; ICTJ Research Unit, “Transitional Justice and Development,” 6.

  100. 100.

    Waldorf, “Anticipating the Past,” 179.

  101. 101.

    Duthie, “Toward a Development-Sensitive Approach to Transitional Justice”; Madalene O’Donnell, “Corruption: A Rule of Law Agenda,” in Civil War and the Rule of Law: Toward Security, Development, and Human Rights, ed. Agnes Hurwitz (Boulder, CO: Lynne Rienner Publishers, 2007).

  102. 102.

    ICTJ Research Unit, “Transitional Justice and Development,” 4.

  103. 103.

    Hayner and Bosire, “Should Truth Commissions Address Economic Crimes?”; Waldorf, “Anticipating the Past,” 176.

  104. 104.

    Duthie, “Toward a Development-Sensitive Approach to Transitional Justice.”

  105. 105.

    Hayner and Bosire, “Should Truth Commissions Address Economic Crimes?”

  106. 106.

    Carranza, “Plunder and Pain,” 321–322.

  107. 107.

    ICTJ Research Unit, “Transitional Justice and Development,” 7; Harwell and Le Billon, “Natural Connections.”

  108. 108.

    De Greiff, “Articulating the Links Between Transitional Justice and Development,” 40.

  109. 109.

    Andrieu, “Dealing With a ‘New’ Grievance”; Bantekas, “Corruption as an International Crime.”

  110. 110.

    Hecht and Michalowski, “The Economic and Social Dimensions,” 8; Drumbl, “Accountability for Property Crimes and Environmental War Crimes.”

  111. 111.

    Federico Andreu-Guzmán, “Criminal Justice and Forced Displacement: International and National Perspectives,” in Transitional Justice and Displacement; Federico Andreu-Guzmán, “Criminal Justice and Forced Displacement in Colombia,” ICTJ Research Unit/Brookings-LSE Project on Internal Displacement, July 2012.

  112. 112.

    Andrieu, “Dealing With a ‘New’ Grievance.”

  113. 113.

    ICTJ Research Unit/Brookings-LSE Project on Internal Displacement, “Transitional Justice and Displacement: Challenges and Recommendations,” June 2012; Peter Van der Auweraert, “The Potential for Redress: Reparations and Large-Scale Displacement,” in Transitional Justice and Displacement.

  114. 114.

    Williams, “Protection in the Past Tense,” 96; ICTJ Research Unit/Brookings-LSE Project on Internal Displacement, “Transitional Justice and Displacement,” 3.

  115. 115.

    Andrieu, “Dealing With a ‘New’ Grievance.”

  116. 116.

    Andreu-Guzmán, “Criminal Justice and Forced Displacement in Colombia.”

  117. 117.

    Carranza, “Plunder and Pain.”

  118. 118.

    Ibid., 316.

  119. 119.

    Ibid., 317.

  120. 120.

    See Carranza, “Plunder and Pain,” and Andrieu, “Dealing With a ‘New’ Grievance.”

  121. 121.

    Waldorf points to the “enormous practical difficulties” of addressing “historically constructed socio-economic inequalities” with transitional justice measures. Waldorf, “Anticipating the Past,” 179.

  122. 122.

    Hecht and Michalowski, “The Economic and Social Dimensions,” 5.

  123. 123.

    Ibid., 6.

  124. 124.

    OHCHR, Rule-of-Law Tools for Post-Conflict States: Truth Commissions (New York and Geneva: United Nations, 2006), 9.

  125. 125.

    Kenneth Roth, “Defending Economic, Social and Cultural Rights: Practical Issues Faced by an International Human Rights Organization,” Human Rights Quarterly 26 (2004): 68–73.

  126. 126.

    Hecht and Michalowski, “The Economic and Social Dimensions,” 5.

  127. 127.

    Lisa Magarrell, “Reparations for Massive or Widespread Human Rights Violations: Sorting Out Claims for Reparations and the Struggle for Social Justice,” Windsor Yearbook of Access to Justice 22 (2003): 85–89, 91, 93–94.

  128. 128.

    Ibid., 95, citing TRC Final Report, Vol. IX, section 2.2.2.1, 148. Magarrell’s translation.

  129. 129.

    Williams, “Protection in the Past Tense,” 116.

  130. 130.

    Ibid., 119, 120.

  131. 131.

    Ibid., 103.

  132. 132.

    Ibid.; Huggins, “Linking Broad Constellations of Ideas.”

  133. 133.

    Abou-El-Fadl, “Beyond Conventional Transitional Justice,” 6, 7–8.

  134. 134.

    Ibid. Emphasis added.

  135. 135.

    Gearoid Millar, “Local Evaluations of Justice through Truth Telling in Sierra Leone: Postwar Needs and Transitional Justice,” Human Rights Review 12 (2011): 529.

  136. 136.

    Ibid., 524.

  137. 137.

    Ibid., 525.

  138. 138.

    Ibid., 526, 531–532.

  139. 139.

    Ibid., 177; Carranza, “Plunder and Pain,” 321.

  140. 140.

    Miller, “Effects of Invisibility,” 282.

  141. 141.

    Paulson, “(Re)Creating Education in Postconflict Contexts,” 18.

  142. 142.

    De Greiff, “Articulating the Links Between Transitional Justice and Development,” 39.

  143. 143.

    See David A. Crocker, “Reckoning with Past Wrongs: A Normative Framework,” Ethics and International Affairs 13, no. 1 (1999): 43–64.

  144. 144.

    Severine Autesserre, “Dangerous Tales: Dominant Narratives on the Congo and Their Unintended Consequences,” African Affairs 111 (2012): 207.

  145. 145.

    Robins, “Transitional Justice as an Elite Discourse,” 21.

  146. 146.

    Ibid., 4, 16, 18, 19, 24.

  147. 147.

    Waldorf, “Anticipating the Past,” 178.

  148. 148.

    Williams, “Protection in the Past Tense,” 96.

  149. 149.

    Miller, “Effects of Invisibility,” 272, 275.

  150. 150.

    Ibid., 280.

  151. 151.

    Crocker, “Reckoning with Past Wrongs”; Hayner, Unspeakable Truths.

  152. 152.

    Miller, “Effects of Invisibility,” 284.

  153. 153.

    Ibid., 286.

  154. 154.

    Autesserre, “Dangerous Tales,” 205.

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    Roger Duthie

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  1. Kroc School of Peace Studies, University of San Diego, San Diego, California, USA

    Dustin N. Sharp

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© 2014 Springer Science+Business Media New York

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Duthie, R. (2014). Transitional Justice, Development, and Economic Violence. In: Sharp, D. (eds) Justice and Economic Violence in Transition. Springer Series in Transitional Justice, vol 5. Springer, New York, NY. https://doi.org/10.1007/978-1-4614-8172-0_7

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