Transitional justice and cultural contexts: Learning from the universality debate Articles uri icon

publication date

  • June 2010

start page

  • 199

end page

  • 224

issue

  • 2

volume

  • 28

International Standard Serial Number (ISSN)

  • 0924-0519

abstract

  • Whenever a society faces the difficult process of substantial political transition after a period of gross human rights violations, the issues of justice, reconciliation, truth and reparation appear on the agenda. They form the key concepts of the emerging global paradigm of transitional justice. This booming field is faced with several unresolved and contested issues one of which is a criticism based on local and cultural particularities. In this article it is argued that it is useful to draw lessons from the universality-diversity debate in international human rights law and confront them with local and cultural challenges that arise in the transitional justice context. It seems that the ideal of inclusiveness that remains hard to realise in human rights law, despite theoretical consensus, might have better chances of being put in practice in transitional justice initiatives. © Netherlands Institute of Human Rights (SIM).

subjects

  • Law
  • Sociology