A/HRC/36/50/Add.1 need. Transitional justice is a corrective and preventive justice tool that stands in a complex set of relations with other kinds of justice measures, including distributive justice initiatives, but that cannot replace them. Similarly, transitional justice measures can make a contribution to development and security policies but cannot substitute for them. Given that, in most contexts in which transitional justice is applied, security and development policies are also applied, much greater coordination of transitional justice with security and development initiatives (preserving the integrity of each) than what is typically experienced is desirable.52 V. Conclusions and recommendations A. Conclusions 87. Transitional justice has become part of the packet of measures that countries undergoing transitional processes are expected to adopt. In the last thirty years, the field has consolidated itself, producing a model of redress and preventive measures that include truth, justice, reparations and guarantees of non-recurrence, not as random elements, but as mutually supportive parts of a holistic policy. 53 88. Transitional justice has contributed to, and at the same time is a manifestation of, the entrenchment of corresponding rights, now expressed in various national and international legal instruments that ground rights to truth, justice, reparations and guarantees of non-recurrence. Regarding each of these rights, transitional justice at its best has provided practical means for their achievement, including truth commissions as an important tool of truth-seeking and truth-telling, the design of prosecutorial strategies to address system crimes, the mitigation of the effects of amnesties, comprehensive reparations programmes capable of providing complex benefits to large universes of victims, and institutional reform initiatives including but not limited to the reform of security services. 89. These achievements have benefited countless victims in transitional processes in all regions of the world. When implemented earnestly, the measures have made a contribution by providing recognition to victims, not only as victims but as rights holders, they have fostered civic trust, trust between individuals and between them and State institutions, strengthened the rule of law and promoted social integration or reconciliation. The field has learned to do this in ways that are gender sensitive, although much work remains to be done in this regard, particularly at the level of implementation. 90. For these reasons, among others, transitional justice deserves the continued, and indeed, increased support of the international community in ways that will be mentioned in the recommendations that follow. 91. Current circumstances, alas, are challenging for all human rights and justicerelated fields. Transitional justice has a harder time achieving its aims in the face of the continued selectivity in the implementation of measures meant to satisfy universally binding obligations, the tendency to “securitize” responses to an everlarger set of risks, and the trend towards the closing of civic spaces around the world. 92. Additionally, transitional justice faces internal challenges, from the tendency to expand the mandates of institutions without sufficient functional or contextual analysis, from insufficient sensitivity to context, particularly to the differences between the needs and constraints characteristic of the post-conflict and often weakly institutionalized contexts in which it now frequently operates (very different from the 52 53 18 A/68/345 and Pablo de Greiff, “Articulating the links between transitional justice and development”, in Transitional Justice and Development: Making Connections, Pablo de Greiff and Roger Duthie, eds. (Social Science Research Council, 2009). S/2004/616.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents