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Truth Versus Justice: A Simulation of Truth Commissions
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HANDOUT Introduction to Truth Commissions
The failure to hold perpetrators of human rights atrocities accountable for their crimes is among the roots causes of violent conflicts. At the same time, violent conflict is perpetuated by the inability of individuals and groups to reconcile with those responsible for human rights violations and other forms of violence. Societies emerging from conflict weigh the often-competing goals of punishing violators and of reconciliation and forgiveness. What measures can best promote social healing and justice? Courts can punish perpetrators, but only if functioning court systems and the political will to use them exist. Moreover, because courts are designed to punish perpetrators, they focus on the elements of specific legally defined crimes. The stories of victims and bystanders and the goal of promoting social healing are sidelined. For this reason, some societies emerging from conflict have established truth commissions as a complement to formal judicial proceedings (and in some cases, a substitute). At its core, a truth commission seeks to answer questions that, unanswered, will impede the country’s movement to a less violent and more just era. While courts are punitive in nature, truth commissions seek to be restorative and preventative. In many cases, truth commissions are created after a civil war and/or after an authoritarian regime has been replaced by one seeking to be more democratic. The specific scope of a commission’s mandate thus is generally defined by the government, which in democratic societies should take its direction from the local population. In some cases, however, the truth commission derives its mandate less from local concerns and more from third parties, such as the international body monitoring the peace. Truth commissions often use the potential offer of amnesty to induce violators to come forward and confess their crimes. A grant of amnesty usually covers only crimes defined as political in nature; common crimes such as robbery for material gain are excluded. In addition, some types of crimes may be deemed inappropriate for amnesty, such as genocide, and the commission may specifically provide that international crimes be excluded. Truth commissions may include measures reaching out to victims of violence and their families, permitting them to speak publicly, to demand answers, to contest or agree to amnesty applications, and to meet, confront, and some cases, forgive their abusers.
Discuss: " To what extent should a society emerging from conflict demand that those responsible for human rights abuses and other forms of violence be prosecuted in a court of law or otherwise held accountable? " Does the punishment approach serve to publicize truth and promote justice, or does it encourage the hiding of truth and ultimately diminish justice? " As an alternative to prosecutions, should societies emerging from violent conflict establish commissions that encourage truth telling, through offering amnesty to perpetrators who tell the truth and confess their guilt? " Under what conditions and to what extent do such truth commissions address the
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HANDOUT
Introduction to Truth Commissions
The failure to hold perpetrators of human rights atrocities accountable for their crimes is
among the roots causes of violent conflicts. At the same time, violent conflict is
perpetuated by the inability of individuals and groups to reconcile with those responsible
for human rights violations and other forms of violence. Societies emerging from conflict
weigh the often-competing goals of punishing violators and of reconciliation and
forgiveness.
What measures can best promote social healing and justice? Courts can punish
perpetrators, but only if functioning court systems and the political will to use them exist.
Moreover, because courts are designed to punish perpetrators, they focus on the elements
of specific legally defined crimes. The stories of victims and bystanders and the goal of
promoting social healing are sidelined. For this reason, some societies emerging from
conflict have established truth commissions as a complement to formal judicial
proceedings (and in some cases, a substitute).
At its core, a truth commission seeks to answer questions that, unanswered, will impede
the country’s movement to a less violent and more just era. While courts are punitive in
nature, truth commissions seek to be restorative and preventative. In many cases, truth
commissions are created after a civil war and/or after an authoritarian regime has been
replaced by one seeking to be more democratic. The specific scope of a commission’s
mandate thus is generally defined by the government, which in democratic societies
should take its direction from the local population. In some cases, however, the truth
commission derives its mandate less from local concerns and more from third parties,
such as the international body monitoring the peace.
Truth commissions often use the potential offer of amnesty to induce violators to come
forward and confess their crimes. A grant of amnesty usually covers only crimes defined
as political in nature; common crimes such as robbery for material gain are excluded. In
addition, some types of crimes may be deemed inappropriate for amnesty, such as
genocide, and the commission may specifically provide that international crimes be
excluded. Truth commissions may include measures reaching out to victims of violence
and their families, permitting them to speak publicly, to demand answers, to contest or
agree to amnesty applications, and to meet, confront, and some cases, forgive their
abusers.
Discuss:
" To what extent should a society emerging from conflict demand that those responsible
for human rights abuses and other forms of violence be prosecuted in a court of law or
otherwise held accountable?
" Does the punishment approach serve to publicize truth and promote justice, or does it
encourage the hiding of truth and ultimately diminish justice?
" As an alternative to prosecutions, should societies emerging from violent conflict
establish commissions that encourage truth telling, through offering amnesty to
perpetrators who tell the truth and confess their guilt?
" Under what conditions and to what extent do such truth commissions address the
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