This article considers the applicability of restorative justice literature in the transitional justice arena. The authors argue that while restorative justice is applied to a wide range of conflicts, the established literature is often of limited value within a transitional context. Insufficient attention is often paid to the inherent difficulties in importing theories, concepts and practices designed for the context of ‘settled’ societies into post-conflict environments. Significantly more consideration needs to be given to the practical operation of transitional justice mechanisms, as well as their underlying normative bases, so that they might live up to the claims of many commentators that transitional justice is ‘restorative’.
See Nicola Baker‘Mediation, Reparation and Justice’ in Relational Justice: Repairing the Breacheds. Jonathan Burnside and Nicola Baker (Winchester: Waterside Press 1994); Kathleen Daly and Russ Immarigeon ‘The Past Present and Future of Restorative Justice: Some Critical Reflections’ 1 Contemporary Justice Review (1994) 21 – 45.
See e.g. Morisonsupra note 39; Kieran McEvoy ‘The Agreement Prisoner Release and the Political Character of the Conflict’ 27 Journal of Law & Society (2000) 542-71; Mary Rogan ‘Legitimacy in the Criminal Justice System of Northern Ireland: A Criminological Perspective’ 6 Trinity College Law Review (2003) 42-58.
Doaksupra note 25 p. 207
Ajetunmobisupra note 57.
Haynersupra note 1.
Braithwaitesupra note 32.
Waldorfsupra note 120.
Theidonsupra note 71.
See Jenningssupra note 73.
Nils Christie‘Conflicts as Property’British Journal of Criminology17 (1977) 1-15.