compelling recommendations, truth commissions could have assisted to enrich policy and
create political and moral momentum for these initiatives.
That said, truth commissions are not necessarily indispensable. To be illustrative a number of
countries of relatively peaceful transitions to democracy in which the past has not been
systematically examined have been provided in the database. In places like Cote d„Ivoire,
Ethiopia, Guinea-Bissau, Madagascar, Mozambique, Mali, Malawi and Senegal, where there
appears to be a consensus that the past should be left alone, that sentiment should be
respected.
Moreover, in spite of the growing prevalence of the truth commission phenomenon, there is
still no understanding of its effectiveness, whether in pre or post-transitional settings. It is not
clear whether truth commissions have effects or that there are other factors causing an
impact. Evidence is often anecdotal. Many of the existing comparative studies focus on a few
prominent cases, such as South Africa. Most of the lessons learned from truth commission
experiences have thus been drawn from only a small number of cases. Having said that, truth
commissions are intuitively appealing, and they have many supporters in global civil society.
The emerging trend in international human rights law is increasingly recognized as
containing an obligation to deal with past gross human rights abuses. As a result, the pressure
to examine a legacy of human rights abuses is likely to remain strong.
While the UTCs are a major accomplishment, it does not necessary translate to change. The
best way to allow the momentum of the UTCs into real transitional justice mechanisms, such
as an official truth commission, is to raise the standards of data collection and to continue to
research and compile evidence that can be used in future years when the country or its leaders
are more open to accountability mechanisms.
Judicial Proceedings
Judicial proceedings can be initiated either by individuals, governments themselves or by
human rights groups acting on behalf of victims. Court trials consist of foreign criminal
prosecutions, civil trials and domestic criminal prosecutions.
“As a transitional method, the use of court trials for redress involves the
legal adjudication of acts committed during the past conflicts or atrocities.
Court trials seek to bring the perpetrators to account and provide redress
to the victims by officially recognizing their harms, establishing the truth
and, in some cases, providing reparations to them. This transitional justice
method functions through the charging of an accused, the prosecution and
defence team bringing evidence as to the role and actions of the accused
in relation to the crimes charged against him or her, and a judge or panel
of judges rendering judgment as to his or her guilt or innocence.‖ (Stan
and Nedelsky. 2013:106)
As was seen in the quantitative analysis, each of these remedies was used in differing
amounts in both the pre and post-transitional periods. However, the frequency of all three
increased significantly, unsurprisingly, in the post-transitional period. It was also observed
that the frequencies of each varied considerably from each other, with domestic criminal
prosecutions being far and away the most commonly applied remedy, and foreign criminal
prosecutions being more common than civil trials. The infrequency of these last, civil trials is
of particular interest in the Zimbabwean situation.
27
Select target paragraph3
Add to table of contents