However, contentions have always arisen among other issues, on the ethical, legal and political consequences of the choices discussed above.28 Questions of due process29, who will be prosecuted, what crimes will be amnestied, what compensation will be given to victims or survivors, availability of resources, and the very fear of reverting to the status quo ante30 come to the fore.31 In some cases, victims have become perpetrators such that when the time to hold alleged perpetrators accountable comes, the majority of the population will be both victims and perpetrators.32 Elin Skaar takes these issues into consideration and persuasively concludes that the choice of instituting truth commissions, trials or nothing for countries wanting to deal with past human rights violations 'depends on the relative strength of demands from the public and the outgoing regime, the choice tending towards trials as the outgoing regime becomes weaker and towards nothing as the outgoing regime becomes stronger, with truth commissions being the most likely outcome when the relative strength of the demands is roughly equal'.33 Terms such as justice, amnesty, truth, and reconciliation tend to recur in many discussions on transitional justice in Zimbabwe and elsewhere. Therefore, there is need to explain their meanings. This report takes from the diplomatically accommodative definitions given in the UN Secretary General's report that justice is, 'an ideal of accountability and fairness in the protection and vindication of rights and the prevention and punishment of wrongs. Justice implies regard for the rights of the accused, for the interests of victims and for the well being of society at large'.34 28 N Roht-Arriaza and L Gibson, 'The Developing Jurisprudence on Amnesty', (1998) 20 Human Rights Quarterly 843. Due process considerations that need to be adhered to in prosecutorial initiatives include: rights of suspects; rights to be promptly informed of charges; legality and conditions of detention; an impartial bench; right to translated documents; right to be tried without delay; right to be present during trial; public trial; presumption of innocence; right to silence; right to appeal and remedies for breaches of due process. 30 See for example in SP Huntington supra note 2 at 216. General Pinochet when he was still president of Argentina declared that 'the day they touch any of my men will be the end of law'. 31 See J Sarkin, 'To Prosecute or not to Prosecute? Constitutional and Legal Issues Concerning Criminal Trials', in C Villa – Vicencio and E Doxtader (eds), The Provocations of Amnesty: Memory, Justice and Impunity (Institute for Justice and Reconciliation Cape Town 2003) at 240 and B Hamber, 'Rights and Reasons: Challenges for Truth Recovery in South Africa and Northern Ireland' (2003) 26:4 Fordham International Law Journal 1074, at 1084. 32 See S Huntington supra note 18 and also V Havel, New Year's Address, Uncaptive Minds 3 (January – February 1990) at 2. 33 E Skaar, 'Truth Commissions, Trials – or Nothing? Policy Options in Democratic Transitions', (1999) 20 Third World Quarterly 1109, at 1110. See also RG Teitel, 'Transitional Justice Genealogy', (2003) 16 Harvard Human Rights Journal, 69. She argues for a theory that a close relationship exists between the type of justice pursued and the relevant limiting political conditions. 34 See UN Report at Para 7. 29 17