Sep 21, 2021
If We Want More Peace, We Need Properly Designed and Implemented Transitional Justice
On global markers like today — the International Day of Peace — we often hear lofty statements about recommitting ourselves to the work of building a better world. In today’s case, this means a more peaceful world. But what does the project of peace look like in practice? And how can we do better?
We know, of course, that conflicts arise for complex, context-specific reasons, and lasting resolutions are the ones that take these particulars into account. There will never be a singular answer or guaranteed approach that leads to peace, but there are certain insights that we’ve found to be universally true. Careful reflection shows us that some strategies are more effective, more equitable, and more likely to support sustainable peace. Taken together, these ideas are embodied in the pursuit of transitional justice, which, when thoughtfully designed and carefully implemented, can be transformative.
Combining judicial and non-judicial measures, transitional justice aims to repair societies that have been fractured by war, human rights abuses or war crimes. In this approach, justice is not something that’s achieved solely with convictions in courtrooms. When properly conceived and practiced, transitional justice involves more than legal accountability — it includes acknowledging truth, restoring dignity, and encouraging youth leadership to create a different, better future.
Through my own work in Bosnia and Herzegovina, I can attest to the practical value of these components towards fostering peace among individuals, their communities and society at large.
First, there can be no justice without truth. In the aftermath of violence, there is an understandable reluctance to examine what happened and face difficult facts. Yet this reckoning is absolutely essential. We must resist fatigue and choose to tell — and accept — the truth about the past. Alternatives to truth, whether they take the form of silence, denial or disinformation, end up being corrosive. Resentment and bitterness build over time, weakening social bonds and preventing reconciliation.
Just two months ago, a significant step was taken in BiH with the amendments to the BiH Criminal Code that prohibit the denial or justification of genocide, crimes against humanity or war crimes that is likely to incite violence or hatred against a group or member of a group defined by reference to race, colour, religion, descent or national or ethnic origin; also included is the prohibition of the glorification of persons sentenced for the commission of those crimes. These amendments provide institutions an important legal grounding for prosecution, but as is true for all laws, proper implementation will be what matters most. As individuals, we can also do our part by refusing to tolerate dangerous rhetoric and disinformation. When we speak up in defense of accuracy and insist on telling the truth, we contribute to the difficult work of peace.
Second, we must place victims of war crimes at the center of collective efforts to restore peace. It’s vital that we ensure survivors receive the respect, care, and access to justice and reparations that they deserve. When victims’ stories go unheard or are dismissed, healing becomes impossible. We need to acknowledge the power of apology and raise cultural consciousness around the unfair burdens survivors carry, pushing especially for the destigmatization of victims of sexual violence.
One of the ways to respond to survivors’ expressed needs, which survivors are increasingly advocating for, is through survivor-centered rehabilitation programs that offer victims therapeutic support and health and wellness services. Recent years have also seen historic progress around reparations. Furthermore, in a global first, the U.N. Committee Against Torture ordered in 2019 that compensation be paid by the state to a Bosnian wartime rape victim. This ground-breaking precedent furthers transitional justice and the cause of victim’s rights around the world.
Finally, realizing the promise of a peaceful future means engaging young people and supporting their leadership. Youth exchanges between polarized groups have a remarkable power to disrupt prejudice and biases that have been inherited from older generations. Participants can become influential ambassadors for peace in their peer groups, using language and stories that resonate.
In an especially powerful illustration of this, in recent years a youth-led initiative in BiH is guiding societies towards acceptance and empathy for an especially marginalized group, children born as a result of wartime rape. In Bosnia and Herzegovina, groups like Forgotten Children of War Association develop moving artistic productions and advocate for legal reform that respectfully integrates victims into society. The energy and creativity that young people bring not only sustains peace work but even reimagines what it can look like in practice.
As we reflect on peace today, my hope is that we choose to see it through a broader, more holistic lens. After all, peace is much more than the absence of war. If we want to improve conditions for sustainable peace and a more equitable world, our greatest chance is to realize the promise, potential, and restorative power of carefully designed and implemented measures for transitional justice.
