Eric Wiebelhaus-Brahm

The Turn to Truth: Trends in Truth Commission Experimentation

Interest in cross-national comparison of transitional justice mechanisms has grown recently, as has the study of truth commissions in particular. However, as is true of many emerging areas of research, progress has been hampered by significant gaps in data and by a lack of consensus as to what constitutes the universe of cases. To address this problem, this article introduces the most comprehensive truth commission database we know to be in existence. First, we describe the process of collecting information on truth commission cases and outline our logic in determining what cases to include in the database. Then, we briefly discuss the attributes of truth commission cases included in the database and explain our reasoning regarding their inclusion. Finally, we use the data to provide an overview of patterns and trends in the use of truth commissions.

Taking Stock: Transitional Justice and Market Effects in Latin America

The relationship between transitional justice and economic development has recently attracted the attention of academics and policymakers. An emerging literature highlights the tension between the forward-looking economic goals of growth, development, and investment and backward-looking trials and truth commissions. Current research focuses on the impact transitional justice choices may have on a states ability to compete for international assistance or to embark on economic reconstruction following periods of civil war and authoritarianism. This article broadens the scope of the study of the political economy of transitional justice by examining the effect of transitional justice on the perceptions of private investors. Specifically, we articulate two competing theories of investor preferences toward transitional justice—“Development through Stability” and “Development though Justice”—and explore how stock markets in Argentina, Chile, and Brazil have responded to efforts to address past human rights abuses over time. The article argues that investor reaction is country specific: Investors in Argentina view trials as destabilizing and have reacted positively to amnesties; in Chile, investors view trials positively; and in Brazil, investors viewed early efforts to pursue the truth or grant reparations negatively, but these reactions have tempered over time. The article concludes by suggesting future avenues for research on the relationship between transitional justice and private investors.

External Transitional Justice Funding: Introducing a New Dataset

In this briefing, we introduce a new data-set of donor support for transitional justice (TJ). Given data collection challenges, we have focused on specific TJ mechanisms, namely inter-national and internationalised tribunals (hybrid courts) and truth commissions. Both are distinct TJ mechanisms in which norms of reporting and transparency exist (however imperfectly). We begin by highlighting the database’s potential contributions to the TJ and foreign policy literatures. Next, we describe the data collection process and outline general trends in external TJ funding that are emerging from the data. We conclude by offering several hypotheses to explain the patterns of TJ support that deserve further attention.

Promoting Accountability, Undermining Peace? Naming and Shaming in Transitional Justice Processes

One of the most significant contemporary international human rights developments is the pursuit of what has become known as transitional justice.1 Transitional justice is a catchall term that refers to a variety of measures enacted in the context of political transitions that are designed to provide justice for gross human rights violations.2 Ideally, there is no need for naming and shaming in these contexts. Rather, individual suspects are arrested and, if found guilty, punished for their abuses. However, in the context of fragile political transitions, this is often not feasible. Although it may be morally and legally appropriate to punish perpetrators of human rights abuses and attend to the needs of victims, the continued power or usefulness of perpetrators and the pervasiveness of violence may make it impossible to prosecute those responsible or to adequately repair victims. Perpetrators may remain powerful and able to disrupt nascent peace processes or democratization efforts. Domestic courts may lack the capacity to conduct trials, or may be themselves complicit in abuses. In these contexts, other forms of transitional justice might be established in order to achieve some form of accountability.

Review of Governing the World? Addressing “Problems Without Passports”

In this brief volume, leading international organization (IO) scholar Thomas Weiss offers an impassioned plea for the necessity of restraining sovereignty to address today’s thorniest global challenges. He begins by offering a short intellectual history of the concept of global governance. Weiss traces academic interest in global governance to the post-Cold War world in which many thought growing interdependence and the influence of nonstate actors would lead to something approaching world government. Although historically global governance has consisted of voluntary action by global actors, Weiss contends that this will not be sufficient to confront the world’s most pressing problems, particularly climate change, to which he devotes much of his attention. In outlining his vision, Weiss argues that the sovereignty of even more powerful states is increasingly constrained by factors such as economic integration, communications technologies, and human rights norms. Ultimately, Weiss argues that the onus is on individuals, both to change our own behavior and to pressure our governments, to address climate change. In order for this to occur and to overcome the North-South division enshrined in the Kyoto Protocol, humanity must develop a greater sense of shared identity, as he argues has occurred in Europe. In the end, Weiss contends that solving climate change requires creating or empowering an international institution that is universal in its membership, including not only nation-states but also nonstate actors such as multinational corporations and civil society organizations. This entity would need to be imbued with resources, independence, and initiative (70–71) in order to effectively address the issue. The book’s argument will strike many readers as naı̈ve. Weiss’ proposal to ‘‘go big’’ runs counter to prevailing sentiment among academics and policy makers that so-called minilateral solutions to climate change are more viable (see Eckersley 2012 for a review of this debate). He acknowledges the utopian nature of his proposal, asking ‘‘readers to hold [guffaws] until the end’’ (3). In the end, it is the failure to adequately situate his contribution in the existing literature rather than the audacity of his vision that undermines his argument. Much hinges on the European Union (EU) as a model for the globe in that, for Weiss, the institution’s development represents Europeans’ recognition of a common fate and of the necessity of collaboration

The impact of criminal prosecutions during intrastate conflict

The International Criminal Court’s interventions have prompted debate about the wisdom of criminally prosecuting combatants while attempting to build peace in conflict-ridden societies. Previous research fails to distinguish between different types of trials. Using a large-N dataset of three types of criminal trials undertaken during internal conflict – domestic security trials of rebels, domestic human rights trials of state agents, and international war crimes trials of both – this article tests a theory of the compellent effect of criminal prosecution on conflict termination. We find that, even when accounting for endogeneity, rebel trials are associated with a higher probability of conflict termination, while trials of state agents are weakly associated with conflict persistence. We argue that the former compel the opposition to discontinue fighting, while the latter signal to rebels a lack of government resolve. We also find that the effect of international trials, which at times appear weakly associated with conflict termination, is endogenous to international intervention more generally.

Exploring Variation In Diasporas’ Engagement With Transitional Justice Processes

Despite the fact that displacement is often a result of civil war and government repression, diasporas have received comparatively little attention from transitional justice scholars. In particular, the agency of diasporas in building pressure for and articulating a vision of transitional justice has been underexplored. Diaspora populations often seek to influence opinion about justice issues in their home countries. They also seek to shape the foreign policies of their host countries. This article draws upon several cases from the Americas as well as Liberia and Sri Lanka in order to develop hypotheses about the conditions under which diasporas are likely to influence their home countrys transitional justice agenda. In particular, I identify the nature of the violence, the current status of the violence, characteristics of the diaspora, and the interests of the international community as important factors shaping diaspora interests and influence with respect to transitional justice.

What Does Brazil Have to Gain from a Truth Commission after Two Decades of Democracy

This chapter considers what Brazil might gain from creating a truth commission to examine human rights abuses that occurred more than twenty years ago. Considering the myriad goals attributed to truth commissions, the 2004 UN report suggests that they have the potential to uncover information, promote human rights, strengthen democracy, encourage victim healing, and promote reconciliation. Below, I consider the prognosis for a truth commission contributing to each of these ends in Brazil and the policy choices that may be necessary in order to achieve these ends. Brazilians should not expect too much from a truth commission and there may be unpleasant compromises necessary to achieve some of these goals. Nonetheless, on balance, a truth commission would be a positive step.