Transitional Justice and Criminal Measures

TRANSITIONAL JUSTICE MECHANISM:
A STUDY OF MOZAMBIQUE
AND RWANDA

Table of Contents
INTRODUCTION...........................................................................................................................1
CONCEPTUAL FRAMEWORK OF TRANSITIONAL JUSTICE MECHANISM OF
MOZAMBIQUE AND RWANDA.................................................................................................1
CONDITIONS THAT NEED TO BE FULFILLED FOR TRIALS TO HAVE AN IMPACT IN
TRANSITIONAL SOCIETIES.......................................................................................................6
ADVANTAGE OF TRUTH COMMISSION AND COMPARISON OF TRIALS IN
TRANSITIONAL SITUATIONS....................................................................................................8
CRITICAL REFLECTION............................................................................................................11
CONCLUSION..............................................................................................................................14
REFERENCES..............................................................................................................................15

INTRODUCTION
Transitional Justice (TJ) is considered as the process which has been implemented by
most of the countries to address large scale or human rights violations. These are such conditions
when normal justice system get failed to response properly (Waldorf, 2016). This mechanism is
applied by many African nations after conflicts. It was introduced for highly localised cleansing
ceremonies in Mozambique and national truth-seeking testimony in South Africa. These are
based on indigenous practices in order to resolve dispute effectively.
Current study will analyse transitional justice mechanism in Mozambique and Rwanda.
Furthermore, it will explain advantage of truth commission in order to improve justice system
(Buckley-Zistel and et.al, 2013). It will determine conditions that need to be fulfilled for trials to
have an impact in transitional societies.
CONCEPTUAL FRAMEWORK OF TRANSITIONAL JUSTICE
MECHANISM OF MOZAMBIQUE AND RWANDA
The case study of Mozambique and Rwanda explain the importance of moving from
theoretical discussion of customary transitional justice and identify need to have legal structure
in order to resolve conflicts in an effective manner (Nyseth Brehm and Golden, 2017).
Transitional justice concentrates on laws and politics. It concentrates on victim's dignity first and
takes decision in such manner so that citizens can be safe in the nation. Safety means protection
from abuses and protection from violations by others. The complementary aim of the transitional
justice system is to establish accountable institutes so that confidence in society members can be
restored (Stewart and Wiebelhaus-Brahm, 2017). It pays attention on the fact that all people
respect the law and follow legal system fairly. Objective of this justice system is to resolve
conflicts in an effective manner so that occurrence of such crime in future can be minimised. It
advances cause of reconciliation.
Traditionally, there are four types of approaches that helps in resolution of any issue.
Criminal prosecutions are applied in the case of most serious crimes. It seeks on truth, achieve
justice, paying indemnities and take precautions so that human rights can be protected (Skaar,
2013). Role of women was earlier very limited but it is essential to involve experience of women
in conflicts so that root cause of such type of issues can be identified. It works as medium that
helps in addressing violations of human rights in order to begin process of reconciliation. Each
issue arises due to different situations. Historical and cultural contexts are differed in each
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circumstance. Transnational justice mechanism analyses past conflicts and determine appropriate
method through which such type of conflicts situation does not take place in future again (Sharp,
2016).
Transitional justice mechanism tries to find out past abuses and their authoritarian states.
It tries to offer broader level of acknowledgement by limiting denial's culture. Over the past few
years, TJ has become the most essential aspect for resolution of conflicts situation and wider
development of cooperation. It works to improve or develop international development policy
frameworks by involving different elements related to human security and development of
human being (Weiner, 2016). During recent years, government has started providing funding to
TJ process and mechanisms. Around 1.5 billion people suffer from abuse, harm and criminal
violence conditions.
The emergence of transitional justice system has been developed to attempt to give
proper response against violence and genocide. It was developed to make balance between
material reparations and traditional symbolic (Lessa, 2013). Culture plays significant role within
indigenous justice of Mozambique. Healing practices and TJ has provided opportunities so that
this gap between fulfilled.
A famous case of Rwanda is the great example of significance of transitional justice
system. In the year 1994, Rwanda has faced wide range of conflicts situations. After that, it has
established its unique mechanism in order to response to these issues (Enrique Sánchez and
Sylvia Rognvik, 20120. In this respect, it has concentrated on detail of conflicts, scope of
existing law, ethnic lines, political structure etc. Society of Rwanda believed that there is
essential requirement to restore security and amend rules and regulations. It was the case when it
was announced that there is essential requirement of punitive justice for the people those who
commit crime during war without any fear. It was the critical situation in the country that people
who committed crime they were not ready to change their genocidal mentality (Eirin
Mobekk ,2017). As a result, society of Rwandan believes that justice system needs to be
converted into transitional system and reconstruction must be done so that condition of the
society can be improved. It is the only way through which conflicts can be resolved.
Case of Rwanda shows that at the time of war, judicial system was not up to the mark and
crime rate was high in the country. At that time, 100000 cases were continued in courts but court
has worked on only nine thousand cases. It shows that there was poor justice system which was
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