Great expectations : managing realities of transitional justice

Abstract

This thesis examines the management of expectations for transitional justice. The transitional justice trials for the former Yugoslavia (Tribunal) and Cambodia (Chambers) reveal an expectation dilemma. In interviews with transitional justice practitioners and advocates, expectations were declared to be "unrealistic" and subsequently had to be "managed". Expectations were considered diverse, ranging from the desire that one's suffering would be declared genocide, to a desire to contribute the story of one's experience of conflict to an official institution. Mothers expected to find out the location of a son's remains and whole communities wanted to know why "Khmer had killed Khmer" in Cambodia. Further, expectations about transitional justice were not held exclusively by locals, but also by the international community. It became clear from interviews that these expectations (and many others) reflected needs that trials at the Tribunal and Chambers were unlikely to satisfy. Hence, the dominant discourse of "management" favoured a unidirectional, top-down approach: elites (international staff at courts) managing the expectations of locals (victims). Qualitative data from interviews was supported with a quantitative and qualitative content analysis of news media coverage of expectations of the Tribunal and Chambers. This highlighted ways in which transitional justice was seen, positively and negatively, to respond to expectations. Importantly, it exposed patterns and themes in coverage illustrating opportunities for improved expectation management, and for transitional justice that is more expectation responsive. In response to the expectation dilemma a three-step process is proposed that seeks to increase expectation satisfaction: 1) developing more robust expectation management strategies by consulting local stakeholders to identify expectations; 2) developing shared aims among all stakeholders that inform the design of transitional justice; and 3) conceiving transitional justice in a way that is broader, deeper, and longer. As steps towards better expectation realisation, these measures allow for multi-directional expectation reality checks. More robust management strategies require us to discover and examine expectations at the outset of transitional justice endeavours. Building upon a developed understanding of expectations it will be possible not only to improve management but also to collaboratively design responses to realise synthesised expectations of all stakeholders. Examining two "single mechanism" transitional efforts, this thesis highlights the difficulties of satisfying expectations when employing one solution-as well as the expectation burden that single mechanisms endure. Instead, transitional justice must draw broadly, considering multiple conceptions of justice and various mechanisms. At the same time, stakeholders should be participants in the dialogue and design of transitional justice activities. Transitional justice must look to achieve expectations in the long haul, providing extended opportunities for participation. These steps are mutually reinforcing, yet suitable for incremental adoption. The thesis encourages us to ask not only whether expectations are appropriate to institutions (and requiring management) but also whether institutions are appropriate to expectations. By proposing greater engagement, this thesis argues we should not only consider institutions and mechanisms of transitional justice as working for transitional societies, but with transitional societies.