Date & time
Post-conflict legal processes are premised on both the need for justice and the need for a new social order. Trials and truth commissions that address genocide and other state crime attempt both to create a new collective memory and social order, as well as to provide a form of accountability. These aims can compete, and do not exist in easy harmony. In this context, responsibility for ‘doing justice’ is increasingly placed in individuals and communities rather than the state, as a means of creating social cohesion post-conflict. This paper discusses this shift, and its implications for responsibility for justice, and prevention, considering the implications of this move to a more reconciliation-focused justice in the wake of mass harm. Dr Jennifer Balint is Lecturer in Socio-Legal Studies (Criminology) in the School of Social and Political Sciences at the University of Melbourne. Her research is in the area of state crime and genocide and post-conflict reconciliation and reconstruction. Her book, Genocide, State Crime and the Law: In the Name of the State will be published by GlassHouse Books (Routledge-Cavendish) in 2011.