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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.


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