A/HRC/21/46
main components of a transitional justice policy mentioning explicitly criminal justice,
truth-telling, reparations and vetting. It furthermore stipulates that, far from being isolated
measures, these mechanisms should be thought of as parts of a whole: “Where transitional
justice is required, strategies must be holistic, incorporating integrated attention to
individual prosecutions, reparations, truth-seeking, institutional reform, vetting and
dismissals, or an appropriately conceived combination thereof” (para. 26).
21.
The Special Rapporteur takes the four components of the mandate, truth, justice,
reparations and guarantees of non-recurrence as a set of measures that are related to, and
can reinforce, one another, when implemented to redress the legacies of massive human
rights violations and abuses. Redressing the legacies of abuse means primarily giving force
to those human rights norms that were systematically or grossly violated. 4 The resolution
considers the measures to be also appropriate for redressing the legacies of serious
violations of international humanitarian law. As such, the grounding of their legal
obligation lies in the documents cited in the resolution and other relevant documents that
spell out the legal obligations of States in the redress of gross violations of human rights
and serious violations of international humanitarian law. A functional analysis that takes
seriously the ends that can be reasonably sought through the implementation of the
measures can nevertheless provide useful guidance. 5 While arguably, they all serve the
ultimate end of pursuing justice, a less abstract functional analysis that distinguishes
between the immediate, mediate and final ends of the measures would say that the four
measures can be conceptualized as assisting in the pursuit of two mediate goals, i.e.,
providing recognition to victims and fostering trust, and two final goals, i.e., contributing to
reconciliation and strengthening the rule of law. 6
D.
Comprehensive approach and interrelationship of the four elements
22.
In the face of the immensity of the task of redressing the legacies of gross violations
of human rights and serious violations of international humanitarian law, the limited reach
of each of the measures that form part of the mandate should be acknowledged from the
outset. The weakness of each of these measures alone provides a powerful incentive to seek
ways in which each can interact with the others in order to make up for their individual
limitations. International experience, as well as research, suggests that the comprehensive
implementation of the four components of the mandate provides stronger reasons for
various stakeholders, foremost amongst them, the victims, to understand the measures as
efforts to achieve justice in the aftermath of violations than their disconnected or
disaggregated implementation. 7
4
5
6
7
See Pablo de Greiff, “Theorizing Transitional Justice”, in Transitional Justice: NOMOS LI, Melissa
S. Williams, Rosemary Nagy and Jon Elster, eds., (New York and London, NYU Press, 2012).
See also Pablo de Greiff, “Some thoughts on the development and present state of transitional
justice”, Journal for Human Rights, vol 5, No. 2 (2011).
The qualifiers “mediate” and “final” should not be understood primarily in temporal or chronological
terms, but rather in terms of the causal (in)sufficiency of a particular measure to bring about the end
attributed to it. The mediate aims of a measure are those aims which it is reasonable to think that the
implementation of the measure may further, but whose accomplishment may also require a number of
different measures. “Final ends” are those whose attainment is causally even more distant, and,
therefore whose realization depends upon the contribution of an even larger number of factors, whose
role, relatively speaking, increases in importance. See in detail Chapter III, section E, below.
Morocco is an interesting test case of this claim, as it has implemented some of these measures, first
in isolation from one another and, a few years later, in a more integrated fashion. From 1999 to 2001,
7
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