Elections Violence And Transitional Justice In Africa

Elections in Africa are competitive in nature and can be manipulated by incumbents to extend and entrench their rule through changes to constitutions, intimidation of opponents, excess use of police force and, in some cases, assassinations of dissident voices. Ethnic cleavages are also exploited by contestants to incite and mobilize unsuspecting masses to pursue their electoral ambitions which can lead to political instability. In many African countries, violence before, during and after elections has become a regrettable norm rather than the exception. The function of transitional justice is to address the legacy of human rights atrocities, political violence and societal harm resulting from prior misrule or violent conflicts, with a view to establishing fair, democratic and inclusive societies. This book interrogates the potential intersection between transitional justice and electoral processes. Specifically, it examines the hypothesis that transitional justice interventions that strive to address historical injustices perpetrated by violence, conflict and entrenched by socio-political impunity, can initiate preventive measures against electoral violence through redress, accountability and institutional reforms. The contributors to this volume have engaged with country case studies from across Africa, while examining the intersection between transitional justice and electoral processes. Hence, this is a timely volume that highlights the uninterrogated nexus between elections, violence and transitional justice in Africa.

Transition and Justice examines a series of cases from across the African continent where peaceful ‘new beginnings’ were declared after periods of violence and where transitional justice institutions helped define justice and the new socio-political order. Offers a new perspective on transition and justice in Africa transcending the institutional limits of transitional justice Covers a wide range of situations, and presents a broad range of sites where past injustices are addressed Examines cases where peaceful ‘new beginnings’ have been declared after periods of violence Addresses fundamental questions about transitions and justice in societies characterized by a high degree of external involvement and internal fragmentation

After Violence: Transitional Justice, Peace, and Democracy examines the effects of transitional justice on the development of peace and democracy. Anticipated contributions of transitional justice mechanisms are commonly stated in universal terms, with little regard for historically specific contexts. Yet a truth commission, for example, will not have the same function in a society torn by long-term civil war or genocide as in a society emerging from authoritarian repression. Addressing trials, reparations, truth commissions, and amnesties, the book systematically addresses the experiences of four very different contemporary transitional justice cases: post-authoritarian Uruguay and Peru and post-conflict Rwanda and Angola. Its analysis demonstrates that context is a crucial determinant of the impact of transitional justice processes, and identifies specific contextual obstacles and limitations to these processes. The book will be of much interest to scholars in the fields of transitional justice and peacebuilding, as well as students generally concerned with human rights and democratisation.

This book provides insight on the effect of political violence and transitional justice in Africa focusing on Zimbabwe and comparing it to Rwanda, Uganda and Mozambique. The case of Zimbabwe is unique since political violence observed in some areas has manifested as contestations for power between members of various political parties. These political contestations have infiltrated family/clan structures at the community level and destroyed the human and social relations of people. Also, the author examines an understanding of how communities in the most polarized and conflict-ridden areas in Africa are addressing their past. The project would appeal to graduate students, academics, researchers and practitioners as it will help them to understand African justice systems and the complex network of relationships shaping justice processes during transitions.

Since the historic Nuremberg Trial of 1945 an international customary law principle has developed that commission of a core crime under international law – war crimes, genocide, crimes against humanity and aggression – should not go unpunished. History shows, that when in Africa such violations occurred, especially as a result of election disputes, national and regional actors, including the African Union, resorted to political rather than legal responses. However, when crimes against humanity were alleged to have been committed in Kenya during the 2007-2008 post-election violence, a promising road map for criminal accountability was agreed upon alongside a political solution. In the spirit of this road map, the author analyzes the post-election violence in Kenya from a legal point of view. He extensively examines legal options for domestic criminal accountability and discusses both retributive (prosecutions) and restorative justice (mainly truth commission) mechanisms, being the main legal responses to the gross violations of human rights. Furthermore, he thoroughly investigates the Kenya situation before the ICC and the legal-cum-political responses to the ICC intervention in Kenya. Practitioners and academics in the field of international criminal law and related disciplines, as well as political sciences and (legal) history will find in this book highly relevant information about alternative legal approaches of the fight against and punishment of crimes against humanity, as defined under the ICC Statute.

In Civil Society Narratives of Violence and Shaping the Transitional Justice Agenda in Zimbabwe, Chenai G. Matshaka shows the shaping of the transitional justice agenda in Zimbabwe from a civil society perspective. Based on the understanding that transitional justice approaches are seen through the lenses by which the violence and conflict is understood, Matshaka explores the complexities that arise when particular narratives of violence dominate the agenda. This book contributes to a discussion on how narratives intervene in the trajectory of a transitional justice process of a society in ways that may be beneficial or detrimental to breaking cycles of injustice and domination.

This book discusses the challenge of pursuing justice and reconciliation in the Great Lakes region, one of the most politically volatile regions in Africa, with a specific focus on Rwanda, Burundi and the Democratic Republic of Congo. The experiences of these countries is assessed through the prism of 'the politics of transitional justice', and how it has either assisted or hampered the effectiveness of efforts to deal with the atrocities of the past. The book suggests that the failure of past interventions is due to the inability to collectively engage the violations in the individual countries which in effect form part of an inter-state regional conflict system.