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94 AFRICA PEACE AND CONFLICT JOURNAL
Scholars and practitioners hold divergent views concerning what elements constitute reconciliation in post-conflict situations. This in turn has given rise to different
approaches for addressing gross human rights violations committed during conflicts.
One prominent approach is to use transitional justice as a cornerstone for reconciliation. Transitional justice, in general, consists of policies and approaches pursued by
post-conflict states to deal with past human rights violations, though it continues to
be debated. It is nonetheless understood to incorporate the principles of truth finding, justice, and respect for victims, formal court proceedings, reparations, apology,
forgiveness, and healing. These elements are adopted in different combinations according to the socio-political environment.19
A useful differentiation between forms of transitional justice is one that depicts it
as retributive and restorative justice.20 While retributive justice emphasizes formal
court proceedings to establish the truth about human rights violations and to punish those judged to be responsible, restorative justice places more emphasis on telling
the truth in exchange for some sort of amnesty or forgiveness. International tribunals
and international criminal courts are examples of retributive justice, but the Truth
and Reconciliation Commissions formed in South African and Sierra Leone represent instances of formal, restorative transitional justice. Reconciliation approached
through the principles of retributive justice uses punishment to deter a repetition of
past abuses and provide justice to the victims and society, whereas restorative justice
has as its primary goal the repair of the harm done to individuals through apology,
compensation, and forgiveness in the interest of peace and reconciliation among society as a whole.
The overwhelming emphasis in the literature on transitional justice as an approach
to reconciliation has invited much criticism, including that it is elite-based, neglects
grass-root approaches, and is grounded in western moral codes and conceptions. As a
result, a trend has emerged in theory and practice that devotes more attention to
grass-root-level reconciliation. Along these lines, Anna-Karin Evaldsson has critically
examined elite conceptions of reconciliation, as reflected in the Truth and
Reconciliation Commission of South Africa, and their relevance to the attitudes of the
19. Dawn L. Rothe and Christopher W. Mullins, ‘Building justice after war: The use of multiple postconflict justice mechanisms’, Social Justice, 35:3 (2008), www.thefreelibrary.com/Building+justice+after+
war%3a+the+use+of+multiple+post-conflict+justice...-a0201802104; J. M. Vorster, ‘Truth reconciliation,
transformation and human rights’, Ecumenical Review, 56:4 (2004), www.thefreelibrary.com
/Truth%2c+reconciliation%2c+transformation+and+human+rights.-a0133683517; Pumla Gobodo
Madikizela, ‘Transforming trauma in the aftermath of gross human rights abuses: Making public spaces intimate through the South African Truth and Reconciliation Commission’ in Arie Nadler, Thomas E. Malloy,
and Jeffrey D. Fisher (eds.), The Social Psychology of Intergroup Reconciliation (Oxford, Oxford University
Press, 2008); Padraig McAuliffe, ‘East Timor’s community reconciliation process as a model for legal pluralism in criminal justice’, Law, Social Justice and Global Development, 12 (2008), www.thefree
library.com/East+Timor’s+Community+Reconciliation+Process+as+a+model+for+legal...-a0192852728;
Rafi Nets-Zehngut, ‘Passive healing of the aftermath of intractable conflicts’, International Peace Studies
Journal, 14:1 (2009), www.thefreelibrary.com/Passive+healing+of+the+aftermath+of+intractable+
conflicts.-a0238179015.
20. Louis Kriesberg, ‘Reconciliation: Aspects, growth and sequences’, International Journal of Peace
Studies, 12:1 (2007), www.thefreelibrary.com/Reconciliation%3a+aspects%2c+growth%2c+and+sequences.-a
0178359707.
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