Reconciliation and justice after civil war
20 important questions on Reconciliation and justice after civil war
War lingers (blijft hangen) in times of peace. Indicate why:
- Former enemies, or victims and killers, continue living together in the same "social space" after the war.
Meanings and dimensions of reconciliation. > The acceptance of the "new" status quo. Explain:
- If they don’t there is a reason for war again.
- Milosovic used a battle in the 11th century that was lost, in order to legitimize the war.
Meanings and dimensions of reconciliation. > Correlating accounts: To overcome polarisation. Explain:
- What happened during the war?
- Who actually destroyed the important bridge? > These kinds of things could result in cultural violence. Therefore, should try to solve this with the truth.
- You don’t need to solve them. They only have to be compatible.
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Meanings and dimensions of reconciliation. > Bridging opposites: To manage to contradiction. Explain:
- Both parties need to change their behaviour.
- Leaders are very important. > Have to shake hands.
- Syrian army and the Syrian free army. The peace negotiations in Geneva. > Both parties have to enter at the exact same time the negotiation room. Leaving no space on the question who actually has the greater power among them.
Meanings and dimensions of reconciliation. > Reconstituting relations. Explain:
- Change the conflict.
- Positive relationships need to be build.
- Transform the relationship.
How could one reconstitute (opnieuw samenstellen) a relation? Explain the contact hypothesis:
- The more contact, the more scope for resolution.
- Reconciliation process should start immediately.
Communication is necessary for conflict prevention.
Contact hypothesis: The more contact, the more scope for resolution. Explain why the contact hypothesis can be viewed as counter-productive:
- Separation before reconciliation perhaps better because of the trauma. > How open are you to talk to the perpetrators?
- Not ready due to traumas. Need time solve the wounds.
- Often not possible to separate them. > Bosnia.
Peace and justice. In order to reconstitute, justice can be a tool. There are multiple ways to include justice in the peace arrangements. The slides describe 7 different forms of justice:
- Transitional justice.
- Retributive justice.
- Restorative justice. Also reparative justice.
- Victor's justice.
- Legal justice/rule of law.
- Rectificatory justice.
- Distributive justice.
Judicial and non-judicial measures to deal with the legacies of past crimes. What type of justice is described here?
Punishment proportionate (evenredig) to the crime committed, as determined by law.
- War tribunals.
- ICC.
What type of justice is described here?
What type of justice is described here?
Dealing with crimes in a way that accounts for the needs of victims, perpetrators and wider communities.
- Truth commissions.
- Traditional forms of reconciliation.
- More community based.
What type of justice is described here?
What type of justice is described here?
- Justice carried out by the winner of the conflict.
- Applying different norms to the members of the losing side than to the members of its own side.
What type of justice is described here?
What type of justice is described here?
Rebuilding the legal system after delegitimization and destruction during conflict (institutional reform).
- Statebuilding.
What type of justice is described here?
What type of justice is described here?
Rectifying past abuses (compensation, return of stolen goods etc).
- Hot topic right now. > Museum in the west with colonial art.
What type of justice is described above?
What type of justice is described above?
Changing laws to address structural and cultural violence (inequalities, discrimination).
- Changing/redistributive in the country.
What type of justice is described here?
What type of justice is described here?
Does the implementation of justice obstruct the process leading to peace?
There are multiple paths towards reconciliation. Name the 6 paths described in the slides:
- Official amnesia forgive and forget approach.
- Truth commissions.
- War tribunals/trials.
- Reparations.
- Indigenous peace initiatives.
- Retaliation.
What is the aim of the war tribunals?
- To establish a culture of law and accountability.
- Can be accused of being partisan (victors justice):
- Who were put on trial? > Generals.
- Who were not put on trial? > Bomber Harris. Killed a lot of civilians.
- Famous example war tribunals. > Nuremberg trials.
Paths towards reconciliation. What is the aim of reparation?
- Financial compensation.
- Monuments, parts, etc.
- Peaky Blinders;).
What is the aim of retaliation?
Risks of leading to vicious cycle of revenge attacks.
- Anti-FARC militias may account for half the casaulties.
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