Restoring Human Capacity: Reconciliation and Liberal Multiculturalism

Abstract

The twin goals of transitional justice social cohesion and durable peace are broad social goals, not limited to systems of justice. In his recent book Gahima, who was Rwandas Attorney General from 19992003, nevertheless argues that Rwandas intensive emphasis on prosecution may have undermined these important unifying goals. Transitional justice requires legally pluralistic solutions, with innovative and context-specific combinations of formal and informal mechanisms operating at the international, national, and local levels. Assessing transitional justice requires a broad, integrative conception of justice, including distributive justice, and a system-wide analysis of official and unofficial mechanisms of restoration, social and economic development, and restoring respect for human rights. Transitional justice narrowly conceived as the action of courts or of truth commissions, tribunals, and other official forums, should be seen as only one part of the transitional process. Transitional justice, through its many mechanisms, seeks to defend human rights, and aims to promote broader social solidarity.