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International justice is characterized by the global articulation of basic human rights and peremptory norms outlawing crimes against humanity. In the twenty-first century, an international obligation of states to pursue individuals who bear responsibility for gross violations of human rights has formalized. Since the 1999 independence referendum, Timor-Leste has struggled to achieve substantive justice for the human rights violations committed during Indonesia's 25-year de facto administration. Timor-Leste provides a unique case study on the international dimensions of pursuing justice in a post-conflict transitional context, particularly as many alleged perpetrators of rights violations have been shielded by Indonesia. This presents a challenge for Timor-Leste in balancing its various international and domestic priorities: while domestic political order and rule of law necessitates the pursuit of substantive justice, Timor-Leste's external security interests require a positive relationship with Indonesia. This article examines the world's first bilateral Truth and Reconciliation Commission, the Indonesia-Timor-Leste Commission of Truth and Friendship. It then analyses the implementation of the Commission's recommendations by Indonesia and Timor-Leste. The paper argues that the Commission was primarily a political mechanism designed to support international priorities rather than substantive justice.
Keywords: reconciliation, transitional justice, security, democratization, rule of law.
Since the 1999 independence referendum, Timor-Leste (East Timor) has struggled to achieve substantive justice for human rights atrocities committed throughout Indonesia's 25-year de facto administration from 1975 to 1999. In particular, efforts have focused on the violations committed prior to and following the referendum of 1999, including during the three-week "scorched earth" campaign that was actively encouraged by the Indonesian military (Tentara Nasional Indonesia, TNI). During this time, it was estimated that 2,000 people were murdered, 60-80 per cent of physical infrastructure across East Timorese territory was destroyed and 400,000 people were displaced.1 Timor-Leste provides a unique case study on the international dimensions of pursuing post-conflict transitional justice as many alleged perpetrators of human rights violations have escaped prosecution with the assistance of the Indonesian state. This presents challenges for Timor-Leste as it balances competing international and domestic imperatives. On the one hand, since attaining sovereignty in 2002 Timor-Leste has been responsible for establishing legitimate democratic institutions that possess widespread public support and encourage socio-political order through respect for rule of law. On the other hand, Timor-Leste's national security...