Confronting the Past: Justice After Transitions

Abstract

Advocates of retribution believe that failure to punish the perpetrators of past human rights abuses automatically condones these atrocious crimes, and therefore both constitutes an invitation to their repetition and undermines the rule of law. Proponents of this view, who tend to be human rights activists, find sufficient arguments for their stance in key principles of international law.¹ They also argue that focusing world attention on prosecutions of human rights violators may help to deter the forces of the old regime from attempting to retake power through violence. By highlighting and condemning the repressive policies of the old regime, the new government can help establish real standards for the protection of human rights. The prosecution of violators will also provide an opportunity to rid the armed and security forces of some of their worst elements. Perhaps most importantly, such an exercise can help to heal the wounds of those who suffered from official abuse, restore the lost sense of national dignity, and establish faith in the new government as it attempts to build a democratic system based on respect for rights and the rule of law.