Breaking the Cycle of Violence: Applying Conflict Sensitivity to Transitional Justice

The legacies of mass violence can, if left unaddressed, fuel future conflicts. Transitional justice seeks to address the legacies of large-scale past abuses. Mechanisms include criminal trials, truth commissions, memorials, reparations and vetting. Despite the sensitive nature of transitional justice and recognition that such initiatives can inadvertently influence conflict-affected contexts in negative ways, there has been limited attempt to extend the application of conflict sensitivity to transitional justice. Conflict sensitivity is an approach and tool to help aid actors to understand the unintended consequences of aid and to act to minimise harm and achieve positive outcomes. Based on a review of scholarly articles, practitioner documents and reports from international agencies, this article bridges work on transitional justice, reconciliation and peacebuilding on the one hand, and conflict sensitivity on the other. It argues that conflict sensitivity should be applied to transitional justice policies and programming in order to ensure that initiatives are not exacerbating tensions and are designed and implemented to effectively promote peace. Transitional justice initiatives can exacerbate tensions by replicating existing tensions or challenging power and vested interests. Decisions on who to prosecute, for example, are political and are rarely perceived by those affected as neutral decisions. Prosecuted individuals are perceived as either war criminals or war heroes, and court decisions can intensify ethnic identity politics. Transitional justice initiatives can also exacerbate tensions by introducing resources that become a struggle for control. At the same time, such initiatives can contribute to peace by providing the basis for inclusive political settlements, trust-building, and broader development impacts. The article identifies tools and factors that could contribute to conflict sensitive transitional justice. Conflict sensitivity tools, such as Do No Harm and Peace and Conflict Impact Assessment, can help transitional justice actors to assess all aspects of an intervention to determine plausible outcomes of how it may inadvertently interact with violent conflict. Key factors to consider when designing, planning and implementing conflict sensitive transitional justice programmes, activities and approaches include encouraging broad-based participation; incorporating local traditions such that initiatives resonate with local actors; promoting social cohesion; careful public outreach; collaboration with other aid actors and sectors; and appropriate timing and sequencing.