{"title":"现在和以后的正义:为解决武装冲突期间的错误行为而采取的措施如何影响冲突后的正义","authors":"H. M. Binningsbø, Bård Drange, C. Loyle","doi":"10.1093/ijtj/ijad015","DOIUrl":null,"url":null,"abstract":"\n Transitional justice has become a default response when rebuilding postconflict societies. Indeed, to reconcile and move forward, it is argued that societies need to confront the violence of the past. But what factors influence when and how past violence will be addressed? We argue that judicial and quasi-judicial processes initiated while armed conflict is ongoing have a substantial impact on the judicial policies pursued once conflict has ended. Through an analysis of during- and postconflict justice in Colombia since 2000, we demonstrate that a history of addressing human rights violations makes it more likely that transitional justice will be adopted given three mechanisms: policy precedent, institutional repertories and public expectations. We analyse this relationship through global patterns of during- and postconflict justice since 1946. Our findings confirm the expectation that justice polices pursued (or not pursued) during conflict are a strong factor in understanding how the past will be addressed post conflict.","PeriodicalId":46927,"journal":{"name":"International Journal of Transitional Justice","volume":" ","pages":""},"PeriodicalIF":1.7000,"publicationDate":"2023-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Justice Now and Later: How Measures Taken to Address Wrongdoings during Armed Conflict Affect Postconflict Justice\",\"authors\":\"H. M. Binningsbø, Bård Drange, C. Loyle\",\"doi\":\"10.1093/ijtj/ijad015\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"\\n Transitional justice has become a default response when rebuilding postconflict societies. Indeed, to reconcile and move forward, it is argued that societies need to confront the violence of the past. But what factors influence when and how past violence will be addressed? We argue that judicial and quasi-judicial processes initiated while armed conflict is ongoing have a substantial impact on the judicial policies pursued once conflict has ended. Through an analysis of during- and postconflict justice in Colombia since 2000, we demonstrate that a history of addressing human rights violations makes it more likely that transitional justice will be adopted given three mechanisms: policy precedent, institutional repertories and public expectations. We analyse this relationship through global patterns of during- and postconflict justice since 1946. Our findings confirm the expectation that justice polices pursued (or not pursued) during conflict are a strong factor in understanding how the past will be addressed post conflict.\",\"PeriodicalId\":46927,\"journal\":{\"name\":\"International Journal of Transitional Justice\",\"volume\":\" \",\"pages\":\"\"},\"PeriodicalIF\":1.7000,\"publicationDate\":\"2023-07-12\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"International Journal of Transitional Justice\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.1093/ijtj/ijad015\",\"RegionNum\":1,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"INTERNATIONAL RELATIONS\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"International Journal of Transitional Justice","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1093/ijtj/ijad015","RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"INTERNATIONAL RELATIONS","Score":null,"Total":0}
Justice Now and Later: How Measures Taken to Address Wrongdoings during Armed Conflict Affect Postconflict Justice
Transitional justice has become a default response when rebuilding postconflict societies. Indeed, to reconcile and move forward, it is argued that societies need to confront the violence of the past. But what factors influence when and how past violence will be addressed? We argue that judicial and quasi-judicial processes initiated while armed conflict is ongoing have a substantial impact on the judicial policies pursued once conflict has ended. Through an analysis of during- and postconflict justice in Colombia since 2000, we demonstrate that a history of addressing human rights violations makes it more likely that transitional justice will be adopted given three mechanisms: policy precedent, institutional repertories and public expectations. We analyse this relationship through global patterns of during- and postconflict justice since 1946. Our findings confirm the expectation that justice polices pursued (or not pursued) during conflict are a strong factor in understanding how the past will be addressed post conflict.