Reconceptualising transitional justice: embedded and distanced justice

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Abstract

This article argues that transitional justice ranges from the very personal and local to the global and structural, spanning processes and outcomes, clear demands, compromises and contracts. It explores this diversity using the framework of 'embedded justice' and 'distanced justice', and the case studies of South Africa, Rwanda and Sierra Leone. The argument draws on Fletcher and Weinstein (2002) to argue that justice needs to be embedded within and to engage the communities, cultures and contexts of conflict. A recent article by Sieff and Vinjamuri (2002) is used to advocate decentralisation. Transitional justice debates have generally overlooked justice, and human rights, as manifest in political, economic and social processes whilst privileging the law, and dismissing the potential of locally generated and embedded justice. The article argues that achieving the correct balance requires a shedding of nave faith in, and the transformation of, both local and international justice, and the contexts within which they operate, whilst seeking to build on their complementary capacities and legitimacies.
Original languageEnglish
Pages (from-to)3-21
Number of pages18
JournalConflict, Security and Development
Volume5
Issue number1
DOIs
Publication statusPublished - Apr 2005

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