There were no differences in the frequency
of pre-transitional justice mechanisms, with
similar frequencies of the use of all
mechanisms. There were two differences in
the use of post-transitional justice
mechanisms. One was significantly more
frequent, the use of Foreign Criminal
Prosecutions for Military regimes,15 whilst
the other, Vettings, was approaching
significance.16
Table 18: Comparison of Post-Transitional
Justice Mechanisms (Civilian vs. Military
Regimes)
Civilian
Military
Amnesty
70%
82%
Truth Commission
Domestic Criminal
Prosecutions
26%
43%
89%
93%
Civil Trials
Foreign criminal
prosecutions
7%
18%
7%
32%
Reparations
30%
18%
Vettings
44%
21%
Customary justice
4%
11%
Finally there were no differences in the Freedom statuses between the two types of regime,
with a near-equal distribution between those that were Free, Partly Free, and Not Free. Thus,
the types of transition, and the use of transitional justice mechanisms did not seem related to
the over democratic status of the two types of regime.
4.4.2 Institutional versus Individual Authoritarian regimes
The contrast between Institutional and Individual authoritarian regimes seemed to show more
differences, presumably because the stakes in transition are likely to be considerably higher
for an individual leader than for a collective leadership. However, it is interesting that
Individual regimes were significantly more likely to be associated with state-created or
regime-led negotiated transitions.17 As was the case with the Civilian-Military contrast, there
were no differences in the frequencies of pre-transitional justice mechanisms, but a number of
differences in the frequency of the use of transitional justice mechanisms in the posttransition period.
Table 19: Comparison of Post-Transitional Justice Mechanisms (Civilian vs. Military Regimes)
Institutional
Individual
Amnesty
69%
89%
Truth Commission
31%
41%
Domestic Criminal Prosecutions
89%
100%
Civil Trials
0%
26%
Foreign criminal prosecutions
23%
19%
Reparations
23%
26%
Vettings
15%
52%
Customary justice
8%
7%
As can be seen in Table 19, there was a greater frequency of both Civil Trials and Vettings in
the post-transition period for Individual authoritarian regimes.18 It is not immediately evident
why these two mechanisms should be more frequent, but it is worth noting that the majority
15
Civilian vs. Military regimes: Domestic Criminal Prosecutions;χ² 5.39 (p=0.025)
Civilian vs. Military regimes: Vettings; χ² 3.38
17
Institutional vs. Individual: State-creation; χ² 4.47 (p=0.05); Negotiated regime-led;χ² 5.72 (p=0.025)
18
Institutional vs. Individual: Civil Trials; χ² 7.96 (p=0.001); Vettings; χ² 7.96 (p=0.001
16
21
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