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31 Nordic J. Hum. Rts. 127 (2013)
The Drivers of Transitional Justice

handle is hein.journals/norjhur31 and id is 127 raw text is: NJHR 31:2 (2013, 127-148 127 The Drivers of Transitional Justice: An Analytical Framework for Assessing the Role of Actors Elin Skaar Senior Researcher, Chr. Michelsen Institute (CMI), Norway. Email: elin.skaar@cmi.no Eric Wiebelhaus-Brahm Director of Internships and Professional Development in International Affairs, Lecturer in Political Science and International Affairs, Florida State University, USA. Email: eric.brahm@gmail.com Abstract: The transitional justice (TJ) field has gone through phases in which the role of actors and their environments - or structure and agency, more broadly viewed - have been alternatively emphasised. This article privileges agency as the focal point of analysis. The main task is to concep- tualise ways in which actors promote, or obstruct, transitional justice. Taking time and context into consideration, we construct a multi-level framework to explore how domestic and international actors operate within local, national and transnational environments. We focus on how diverse actors employ their various capabilities and are affected by values as well as interests when advanc- ing their TJ preferences. Actors simultaneously shape and are shaped by the multi-level environ- ments in which they operate. The framework presented here is designed to enhance knowledge about TJ outcomes. The working assumption is that the type of actors that promote (or obstruct) TJ will significantly influence the type of TJ initiatives adopted and also shape their impact. Key words: Actors; Human Rights; International Criminal Court (ICC); Post-conflict; Transi- tional Justice I. Introduction 'No one... will divert me from the course of justice' declared Fatou Bensouda, the chief prosecutor of the International Criminal Court (ICC), when con- 1 We build on the main findings of a research project entitled 'Drivers of Justice: The Dynam- ics of Accountability Mechanisms in Transitions from Violent Conflict', anchored at the Chr. Michelsen Institute in Bergen, Norway. The authors wish to thank the Norwegian Ministry of For- eign Affairs for funding the project (2010-12). We would also like to thank the participants in the kick-off workshop for this project, held at Solstrand, Bergen, on 3-4 November 2011, for stimulat- ing discussions, and also Pilar Domingo, Rachel Sieder and Astri Suhrke for constructive comments on earlier drafts. NoRDic JOURNAL OF HUMAN RIGHTS VOL. 31 No. 2. ISSN 1891-8131 @ UNIVERSITETSFORLAGET 2013

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