Research and Discussion Paper on a TJ Framework for Zimbabwe 2. Definition and Objectives of Transitional Justice In this chapter, the study sheds some light on different definitions of and around transitional justice. This is important since some terms are not used consistently in the Dealing with the Past discussion. 2.1.What is Transitional Justice? Human rights abuses, breaches and violations happen every day, particularly in dictatorial and undemocratic countries. These countries usually show poor governance and a lack of separation of power; they control their citizenries through suppression and often grant impunity toperpetrators. The history of transitional justice begins with the Nuremberg trials1.In the same fashion, numerous successor governments in various countries, after war, coup d’états etc., have tried to deal with past human rights violations through ad hoc tribunals, commission of inquiries and hybrid courts. What immerged out of these activities is the concept of transitional justice. Over time, transitional justice processes and mechanisms have become a critical component of various international organizations for strengthening the rule of law.2 The most prominent are the UN, the AU and the International Centre for Transitional Justice (ICTJ): • • • For the United Nations, transitional justice is the full range of processes and mechanisms associated with a society’s attempt to come to terms with a legacy of large-scale past human rights abuses. The aim is to ensure accountability, serve justice and achieve reconciliation.3 The AU Transitional Justice Framework (ATJF) emphasises that, additionally to the UN definition, that transitional justice processes in Africa should be anchored on African conceptions of justice. In this regard, the framework suggests sketches and approaches that are adaptable to specific country situations in order to encourage affected countries to design appropriate, “culture-specific” transitional justice mechanisms.4 The ICTJ defines transitional justice as the ways countries, emerging from periods of conflict and repression, address large-scale or systematic human rights violations so numerous and so serious that the normal justice system will not be able to provide an adequate response.5 All three definitions have the same aim: to deal with past gross and systematic human rights violations by using different processes and mechanisms to restore the dignity of the victim, bring healing for the individual and achieve reconciliation of the society at large. 1 Between 1945 and 1949 after World War II was ended by the allies, Nazi party officials and other collaborators were indicted for crimes against humanity by committing genocide. The Nuremberg trials are the predecessor for dealing with the past in an innovative way, which ultimately developed to transitional justice mechanisms and processes; https://www.history.com/topics/world-war-ii/nuremberg-trials 2 Guidance note of the secretary-general, United Nations Approach to Transitional Justice; https://www.un.org/ruleoflaw/files/TJ_Guidance_Note_March_2010FINAL.pdf 3 UN approach to transitional justice; https://www.un.org/ruleoflaw/files/TJ_Guidance_Note_March_2010FINAL.pdf 4 AU transitional Justice Framework (ATJF); https://www.legal-tools.org/doc/bcdc97/pdf/ 5 https://www.ictj.org/about/transitional-justice 6 DRAFT