Investigating the Legacies of Violence and Conflict in Transitional Justice and Peace The Values of Law in Politics
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Keywords
Transitional Justice, Violence and Conflict, Rule of Law, Socio-economic and Political Grievances
Abstract
Violations of law, human rights abuse, and socio-economic and political grievances are legacies of violence and conflict-affected politics. In recent times, the aggravation of violence and conflict has hindered political development and instigated socio-economic grievances. Transitional justice and peace deal with human rights abuses, violation of rights, violence, and other grievances in societies in transition. One of the main focuses of transitional justice discourse is to engage human rights law for political stability, accountability, and peace in changes, as developed in the strict law practice. This research is descriptive and relies on secondary data. Thus, transitional justice and the rule of law are considered a framework for analysis in violence and conflict-affected politics as intertwined to promote post-violence and conflict or socio-economic and political stability. Therefore, various political actors have engaged in promoting the rule of law and the promotion of peace through security sector reform. With the focus on transitional justice, various processes have been considered through the promotion of rule of law, security, and accountability in the Niger Delta and the northeast of Nigeria that have been ravaged by insurgency, terrorism, violence, and conflict, and these processes have been supported and developed by an increasing number of actors at the national and international levels. Therefore, this paper investigates the socio-economic and political legacies of violence and conflict in transitional justice and peace and examines the interaction of transitional justice and the values of the rule of law in dealing with political tensions as shown in the cases of Boko Haram and Niger Delta. This paper recommends that transitional justice and the rule of law contribute to peace and post-conflict recovery for socio-economic and political grievances resulting from violence and conflict.
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References
Aukerman, M. J. (2002). Extraordinary evil, ordinary crime: A framework for understanding transitional justice. Harvard Human Rights Journal, 15, 39-97.
Buckley-Zistel, S. et al. (2010). Transitional Justice Theories: An introduction. New York: Routledge
Elster, J. (2004). Closing the books: Transitional justice in historical perspective. Cambridge: Cambridge University Press. https://doi.org/10.1017/CBO9780511607011
Hassan, I. & Tyvoll, J. (2018). After Boko Haram: The prospects for transitional justice in northeast Nigeria. University of Maiduguri: Centre for Democracy and Development.
Hayner, P. B. (2001). Unspeakable truths: Confronting state terror and atrocity. London and New York: Routledge.
Huyse, L. (2001). Amnesty, truth or prosecution. Peace-building, a field guide. Boulder: Lynne Rienner Publishers.
International Center for Transitional Justice (2017). What is transitional justice? Retrieved from http://ictj.org/about/transitional-justice.
Ikelegbe, A. & Onokerhoraye, A. G. (2016). The Amnesty for peace in the Niger Delta: Political settlement, transitional justice and peacebuilding. CEPD Monograph Series, 8, 1-90.
Kathryn, S. & Hun, J. K. (2013). The justice cascade: The origins and effectiveness of prosecutions of human rights violations. Annual Review of Law and Social Science, 9, 269- 271. https://doi.org/10.1146/annurev-lawsocsci-102612-133956
Louis, A. (2007). Building the rule of law and establishing accountability for atrocities in the aftermath of conflict. The Whitehead Journal of Diplomacy and International Relations, 8, 33-49.
Lutz, E. (2006). Transitional justice: lessons learned and the road ahead. In Roht-Arriaza, N., & Mariezcurrena, J. (eds.). Transitional justice in the twenty-first century: beyond truth versus justice. Cambridge University Press.
Maria, M. A. (2017). Transitional justice and women, peace and security: A critical reading of the EU framework. LSE: University of Brussels.
Mihr A. & Sriram, L. K. (2015). Rule of law, security, and transitional justice in fragile and conflict-affected societies. Washington: Hague Institute of Global Justice.
Okonofua, B. A. (2016). The Niger Delta amnesty program: The challenges of transitioning from peace settlements to long-term peace. Retrieved from https://journals.sagepub.com/doi/full/10.1177/2158244016654522. https://doi.org/10.1177/2158244016654522
Olsen, T., Payne, L. & Reiter, A. (eds.). (2010), Transitional justice in the balance: Comparing processes, weighing efficacy. The Cambridge Law Journal, 71(1), 239-241
Theidon, K. (2007). Transitional subjects: the disarmament, demobilisation, and reintegration of former combatants in Colombia. International Journal of Transitional Justice, 1(1), 66-90. https://doi.org/10.1093/ijtj/ijm011
Pilar, D. (2012). Background note: Dealing with legacies of violence: Transitional justice and governance transitions. Overseas Development Institute.
Ruti, T. (2003). Transitional justice genealogy. Harvard Human Rights Journal, 16, 69–94.
Selim, Y. & Murithi, T. (2011). Transitional Justice and Development: Partners for Sustainable Peace in Africa? Journal of Peacebuilding and Development, 6(2), 58-72. https://doi.org/10.1080/15423166.2011.141478175834
Simon, R. (2012). Transitional justice as an elite discourse. Critical Asian Studies, 44, (1). https://doi.org/10.1080/14672715.2012.644885
Sriram, C. L. & Mahmoud, Y. (2007). Bringing security back in international law and International relations: Bridging theory and practice. Oxford: Routledge.
Vienna Declaration and Programme of Action (A/CONF.157/24 Part I), Chap. III), para. 5.
Umukoro, N. (2018). Human Rights Violations and Transitional Justice in Nigeria’s Niger Delta during Civilian Rule: A Focus on the Fourth Republic. Journal of Global South Studies, 35(1), 87–103. https://doi.org/10.1353/gss.2018.0005
United Nations Secretary-General. (2004). The rule of law and transitional justice in conflict and post-conflict societies: Report of the Secretary-General. UN Doc. S/2004/616.
United Nations Human Rights. (2014). Transitional Justice and Economic, Social and Cultural Rights, New York and Geneva.
United Nations Office of the Special Adviser on Africa and Government of the Democratic Republic of Congo. (2007). DDR and Transitional Justice, Issue Paper, Second International Conference on DDR and Stability in Africa Kinshasa, 12-14 June. Kinshasa: Democratic Republic of Congo.
United Nations Secretary-General. (1992). An Agenda for peace, preventive diplomacy, peacemaking, and peace-keeping. UN Doc. A/47/277 - S/24111, 17 June.
United Nations Secretary-General. (1997). Strengthening the rule of law: Report of the Secretary-General. UN Doc. A/52/475, 16 October.
World Bank. (2011). World Development Report: Conflict, security and development. Washington, DC: World Bank.
Zwanbin, E. (2017). The challenge of transitional justice in Nigeria: Echoes from the Oputa panel, 1999. Journal of Language, Technology, and Entrepreneurship in Africa, 8 (2), 73-91.
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© Author(s)
Onu Godwin, Nnamdi Azikwe University
Department of Political Science
Kolapo Quadri Abayomi, National Institute for Legislative and Democratic Studies (NILDS) National Assembly
Department of Democratic Studies