Amnesty Amnesty is a legal pardon for human rights abuses. It is granted by the state, usually after the truth about the abuses has been told with the aim of ensuring peace. Amnesties must be based on the truth so that everyone knows what the amnesty is for. There are certain crimes for which amnesty cannot be granted, such as murder, rape and sexual enslavement. These and other gross human rights violations are known as crimes against humanity. Selfamnesties that are designed to conceal rather than reveal the truth are illegitimate. Justice The concept of justice, in its broadest sense, includes efforts to attain that which is just in all spheres of life. It is based on numerous fields and on many differing viewpoints and perspectives, including the concept of moral correctness rooted in ethics, rationality, law, religion, equity and fairness. The retributive theory of justice has the punishment of past crimes and the deterrence of future crimes as its main objective. The trial of individuals accused of committing gross human rights violations can contribute to reconciliation. Locally owned justice processes have the benefit of restoring confidence and faith in the law and in the capacity of legal institutions to provide justice. Yet, substantive reforms of the Zimbabwean judiciary system would be needed to ensure that legal and investigative officers have an opportunity to engage in, and invoke, reconciliatory language and concepts in respect of the administration of justice. Knowing that arrest does not entail torture, that conviction does not entail death, and that cooperation does not put one at the risk of death increases the likelihood that individuals will cooperate with the national criminal-justice system. Norms of international law enforced at the national level in this way, and a clear demonstration to the citizenry that officials can be, and are, held accountable for failing to respect the constraints that the law imposes, can restore confidence among citizens that the law will be enforced. Justice should extend beyond retribution and must involve the restorative aspects. There is also a need to explore the traditional approaches to justice available in each community, as the concept of justice differs from one culture to another (see Module 2). Understanding transitional justice (Mini lecture, role play and discussion) Transitional justice is a response to systematic or widespread violations of human rights. It seeks recognition for victims and promotes possibilities for peace, reconciliation and democracy. Transitional justice is not a special form of justice, but justice adapted to societies which are transforming themselves after a period of extensive/widespread human rights abuses. In some cases, these transformations happen suddenly; in others, they may take place over many decades. This approach emerged in the late 1980s and early 1990s, mainly in response to political changes in Latin America and Eastern Europe — and to the demands for justice in these regions. At the time, human rights activists and others wanted to address the systematic abuses by former regimes, without endangering the political transformations that were under way. Since these changes were popularly called ‘transitions to democracy’, people began calling this new multidisciplinary field ‘transitional justice’. Governments then adopted many of what became the basic approaches to transitional justice. These approaches include the following initiatives: Module 6: Community healing through reconciliation and transitional justice 97 6