T r a n si t i o na l j us t ice o p t i o n s fo r Zi m ba bw e: a g u i d e to k e y co n cep t s specific information about the identities of those responsible for violations. Truth-seeking and fact-finding is as an essential element of transitional justice because, if left untouched, past violations have the potential to undermine a new government and to reinforce the efforts of those determined to bring a repressive government back into power. 2 Trials Trials seek to establish who is guilty, and to punish perpetrators for serious crimes and human-rights violations committed during a particular period. It is important to be aware that a statute of limitations can put a time limit on the prosecution of certain crimes, and the new government will have to decide how to deal with this.19 Trials can take place in civil or criminal, national or international courts. The important aspect is that perpetrators are brought before a court of justice to answer for crimes committed. It may also be necessary to enact new legislation to address crimes that have not been considered before. In most cases, governments emerging from repression embark on constitutional changes that effectively address crimes committed in the past. Therefore, states may create specific legal mechanisms to address past violations based on domestic and international standards. When designing a legal process for dealing with perpetrators, issues of impunity and the role of amnesty have to be confronted. Studying past transitional-justice processes can be useful here in providing an understanding of initiatives aimed at engendering reconciliation. For example, lessons can be drawn from the South African process in which amnesty was offered in exchange for the truth. This offers one way of getting around the issue of impunity but at the same time addresses the victims’ right to full disclosure, and ensures that everyone knows about the perpetrators and their motives. Transitional justice is about transformation, nation building and healing at every level of society.20 3 Reparations Reparations serve several purposes in national reconciliation: they serve as a form of acknowledgement by the nation that victims have experienced losses under the repressive regime; they allow the victims to recover some of the monetary costs of their losses; and they serve as a deterrent to future perpetrators by making them aware that to their actions will have consequences.21 There have been debates about who should meet the costs of reparations if negotiators decide to provide financial compensation to victims. It is now accepted in international law that governments are obliged to pay compensation to victims of human-rights violations and that, if the regime that perpetrated the violence does not provide compensation, then the successor government should do so.22 There are various types of reparations, including compensation, rehabilitation, restitution and reparations, and these are discussed in the next section of this paper. 4 Institutional reform Violent conflicts have a tendency to destroy a country’s justice system, leaving behind corrupt, illegitimate and dysfunctional institutions. Post-conflict societies under new governments often struggle to manage ongoing tensions in contexts in which the rule of law has broken down and where people have lost trust in the impartiality or effectiveness of the justice system. Institutional reform in this context refers to the modification or redrafting of a country’s legal framework, and the reforming or rebuilding of its justice system (including institutions such as the judiciary, and the police and prison services). This may include removing perpetrators from public positions23 and arranging for human-rights training for all 19 Kritz 1995. 20 For more on this issue see Villa-Vicencio and Doxtader 2004:8. 21 United Nations 2006. 22 RAU 2010:37. 23 Ellis 1996. 5