This short and accessible book is the fi rst to focus exclusively on the interrelation
between transitional justice and rule of law reconstruction in postconfl
ict and post-authoritarian states. In so doing it provides a provocative
reassessment of the various tangled relationships between the two fi elds,
exploring the blind-spots, contradictions and opportunities for mutuallybenefi
cial synergies in practice and scholarship between them. Though it is
commonly assumed that transitional justice for past human rights abuses is
inherently conducive to restoring the rule of law, differences in how both
fi elds conceptualize the rule of law, the scope of transition and obligations to
citizens have resulted in divergent approaches to transitional criminal trial,
international criminal law, restorative justice and traditional justice mechanisms.
Adopting a critical comparative approach that assesses the experiences
of post-authoritarian and post-confl ict polities in Latin America, Asia,
Europe and Africa undergoing transitional justice and justice sector reform
simultaneously, it argues that the potential benefi ts of transitional justice are
exaggerated and urges policy-makers to rebalance the compromises inherent
in transitional justice mechanisms against the foundational demands of rule
of law reconstruction. This book will be of interest to scholars in the fi elds of
transitional justice, rule of law, legal pluralism and peace-building concerned
by the failure of transitional justice to leave a positive legacy to the justice
system of the states where it operates.