The Reparative Effect of Truth Seeking in Transitional Justice
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THE REPARATIVE EFFECT OF TRUTH SEEKING IN
TRANSITIONAL JUSTICE
MERRYL LAWRY-WHITE*
Abstract The benefits of a 'holistic' approach to transitional justice are
enhanced by considering how synergies between different transitional
mechanisms may be optimized. Drawing upon multiple examples, this
article explores the potential contribution of truth seeking to reparation
efforts at a normative, institutional and operational level. The article
emphasizes the importance of an awareness of the reparative potential
of truth seeking on the part of those implicated in its design and implemen-
tation, as well as an appreciation of the influence of contextual factors on a
delicate process. It cannot be conceived of simply as a technocratic exer-
cise, but as an inherent part of empowering victims.
Keywords: basic principles, empowerment, humanitarian law, human rights, repara-
tions, satisfaction, reparations, schemes, transitional justice, truth commissions, truth
seeking.
I. INTRODUCTION
A. A Holistic Approach
The legacy of a transitional period can be profoundly influenced by the societal
and individual experience of transitional justice mechanisms.' There is a
growing consensus that it is preferable for transitional societies to tap into a
'rich repertoire of institutional innovations' rather than relying upon a single
mechanism.2 Adopting a holistic approach to transitional justice is logical.
The multiplicity of justice goals, challenges and constituencies present in a
transitional setting are unlikely to be satisfied by a single initiative.
However, different transitional mechanisms may strengthen or compensate
for the limited mandates of and contextual constraints placed upon others. A
truth commission, for example, could bring a degree of clarity and accountabil-
ity where it is institutionally and politically impossible to prosecute more than a
small proportion of the alleged perpetrators of crime.
* International Court of Justice, Juriste Adjoint, Judicial Assistant to the Vice-President. Any
views or opinions expressed in this article are personal to the author. merryllw@gmail.com.
1 M Williams and R Nagy (eds), Transitional Justice (NYU Press 2012) 2.
2 P de Greiff, 'Theorizing Transitional Justice' ibid 32-3.
[ICLQ vol 64, January 2015 pp 141-177]
doi: 10. 10 17/S0020589314000645](ViewImageLocal?handle=hein.journals/incolq64&div=9&collection=&method=preview&ext=.png&size=3)
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The Reparative Effect of Truth Seeking in Transitional Justice
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