22 pages

WEEK 8 reading analysis

Mapping the nexus of transitional justice and peace building

In this paper, Catherine Baker and Jelena Obradovic-Wochnik investigate the relationship
between transitional justice and peacebuilding and attempt to highlight a nexus between
the two.

In the first section of this paper, the authors define both transitional justice and
peacebuilding as methods of intervention aimed at post-violent societies. They define
transitional justice as being intended as a set of mechanisms aimed at confronting and
dealing with human rights abuses and atrocities, and peacebuilding as a more wide-
ranging process but typically aimed at strengthening institutions that would prevent
further violence.

To locate a nexus point between these two concepts, the authors attempt to locate where
‘peace’ can be found in transitional justice literature and vice versa. Despite a general lack of
unifying literature, there exists one key example of unification in the ‘peace versus justice
debate’ which questions how efforts to investigate, prosecute, and punish war crimes
might impact efforts at securing peace settlements. Similarly finding transitional justice
within peacebuilding is also a difficult task as justice is an inherently contested concept. The
authors pose an all-too-common question in asking ‘justice for who’ and propose that
acknowledgement of multiple forms of justice is key for transitional justice scholars to
fully engage with peacebuilding concepts.

Next, the authors turn to what has become a major feature of recent peacebuilding efforts
in prioritising local factors. They believe that the changes peacebuilding literature has
undergone since the 2000s have led to new respect given to asymmetrical power
relationships which are also relevant to studies of ‘top down’ transitional justice efforts.
They note that criticism of ‘liberal peace’ echoes the criticism of ‘top-down’ transitional
justice mechanisms and promote alternative methods that prioritise local level
peacebuilding and similarly a bottom-up transitional justice effort. They also note that
rethinking the relationships between local and international actors in these spaces have
allowed for the recognition of ‘hybrid forms of peace’ which features increased interactions
between liberal peace agents and local actors and also featured more hybridized
transitional justice mechanisms featuring ‘mixed tribunals’ or ‘hybrid courts’.

Next, the authors make a point of observing the nexus of transitional justice and
peacebuilding. They reiterate that literature on the two concepts has often been seen as
separate literature but in practice, peacebuilding can involve activities that are usually
considered transitional justice, such as providing funding or other support for criminal
tribunals in post-conflict scenarios. Examples of this sort of situation include the work of the
US Agency for International Development and the European Union’s Common Security and
Defence Policy which supports the International Criminal Court and views it as crucial to
peacebuilding. In this section, the authors clearly show that there is a clear relationship
between transitional justice and peacebuilding being explored in emerging academia.

Building on the discussion on the local factor, this paper discusses a crucial injustice to those
local people in socioeconomic issues. According to the authors, both transitional justice
 22 pages
WEEK 8 reading analysis
Mapping the nexus of transitional justice and peace building

mechanisms and peacebuilding operations have the tendency to ignore questions of capital,
be it economic, social or political, whilst transitional justice can neglect the impacts on
conflict-impacted communities that aren’t truth or justice-related as the mechanisms can be
at times laser-focused on these to a fault. By narrowing their focus to violence, transitional
justice mechanisms have the potential to narrow their focus to the point where they only
look to help those directly affected by violence. Similarly, peacebuilding processes can focus
much more on rebuilding institutions than on individuals. Ultimately, both transitional
justice and peacebuilding have the potential to neglect more subtle forms of dispossession
and victimhood that occur during the conflict. In the attempts of this paper to locate the
nexus of transitional justice and peacebuilding, many questions related to these inequalities
arise including if pursuing this nexus would lead to strengthening or undoing of these
inequalities, and if continuing the efforts to link transitional justice and peacebuilding could
provide more effective means of transitioning and transforming a post-conflict society.

ABOUT THE LITERATURE

Strengths Weaknesses

Good for
1. Can be multi used as a strong start to As the authors mentioned on page 293, these debates
fishing out are “developed in sort of echo chamber” therefore,
a literature review on transitional
definitions if there is not much (unique) to be gained/retrieved by
justice and or peace.
you need the arguments which is not repetitive.
one.
(Suggestion) The argument on revival of gendered connotations in
2. This article stemmed out of a
this debate could have been extended.
sponsored workshop to correct the
relationship between the two fields of
inquiry and research on transitional
justice and peacebuilding.(293)

3. A niche glance at the entire issue While the first heading “ where is peace in transitional
justice” can be quite evidence based, the authors do
(volume 10 issue 3)
not directly answer this. (nitpicking here)

4. On page 293, authors ask, quite a lot Is a bit too much information and the same time,
second read will be better. probably do this reading
of good questions.
first if you already have not.)

1. Has an extensive bibliography : 114 references

2. Works in respect with the issue and occasionally refers to issue articles in the second half.

3. Highlights the gaps in the nexus.

4. An elaborate literature review.

22 pages
WEEK 8 reading analysis
Mapping the nexus of transitional justice and peace building
5. Stays true to the abstract, however also could be incomplete or/and confusing if read
alone.It is easier to understand on the second read (recommended)