Transitional justice:lessons from the past

Transitional Justice: Lessons from the Past

This paper will examine some of the lessons we have learned from the experience of countries in transition that have had to deal with their traumatic and fractured past. The focus will be on the South African Truth and Reconciliation Commission and will have direct bearing on how and why any peace settlement in Palestine and the occupied territories must come to an understanding of the past in a shared sense and how that must be translated into justice and reconciliation for the settlement to work in practice. Truth Commissions have emerged as one way in which countries with difficult, conflict torn pasts seek to procure justice and heal wounds. They are seen as a mechanism which might enable societies to move forward without any more serious rupture or strife. Most of these societies have endured terrorism in one form or another (state or individual) which have left bitter memories and scars. Overcoming these is crucial to the development of nation-building and reconciliation between different sections of often divided political communities. There are few places in the world where this is more relevant to than the Palestine and the occupied territories. Such lessons will prove crucial to attaining transitional justice and the protection of human rights in the future.