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In 1995, three volumes entitled "Transitional Justice" were published by the United States Institute for Peace, edited by Neil J. Kritz. The foreword was written by Nelson Mandela, who had assumed the presidency of South Africa the previous year. In his foreword, he writes:
This important publication on transitional justice comes at a time when the world is grappling with the problems of governance, legitimacy, democracy and human rights. In recent years, particularly during the past decade, there has been a remarkable movement in various regions of the world away from undemocratic and repressive rule towards the establishment of constitutional democracies.
In nearly all instances, the displaced regimes were characterized by massive violations of human rights and undemocratic systems of governance. In their attempt to combat real or perceived opposition, they exercised authority with very little regard to accountability.
Transition in these societies has therefore been accompanied by enormous challenges. While it has signified new hopes and aspirations, it has at the same time brought into sharp focus the difficult choices that these countries would have to make on their road to democracy and economic progress.1
This passage characterizes well the challenges and choices facing societies in transition. Despite the fact that "transitional justice" has become a widely accepted term, there nevertheless remains confusion about this concept. The word "transitional" itself is readily understood; it signifies that the old order is dying but that the new order has not yet been born. The Shorter Oxford English Dictionary of Historical Principles defines transition as "a passing or passage from one condition, action or (rarely) place to another. It is a journey-never short-often precarious." A country in transition is a country which is emerging from one particular order and is uncertain and unsure as to how to respond to the challenge of the new. These countries face the problem of dealing with the past on the one hand and the challenge of new directions on the other. In addition, they face the problem of ensuring a sustainable peace so that democracy and economic growth can flourish.
It is when we come to the term "justice" that the issue of meeting the challenges of the future becomes more controversial. There are different types of justice. Justice is often...