The UN Security Council and Transitional Justice

2021 
The United Nations Security Council is an insufficiently understood source of support for transitional justice interventions on the ground. In the best-case scenarios, the Council has assisted national and local endeavours by amplifying the voices of domestic stakeholders, exerting pressure over recalcitrant actors, guarding the integrity of existing peace agreements from internal attacks, leveraging resources, and mandating supportive mechanisms. In other cases, the Security Council’s support has backfired, frustrating national efforts or eroding local capacity. Given these contrasting outcomes, this volume seeks to provide a preliminary look across five case studies (Afghanistan, Colombia, the Democratic Republic of the Congo, Rwanda and South Sudan) on the conditions under which support from the Security Council can positively impact transitional justice efforts on the ground. The volume provides an overview of the concept of transitional justice and its core components, situating transitional justice concepts in the broader practice of international law. It considers how the Council’s approach to transitional justice has evolved over the last three decades, the various debates within the Council on transitional justice’s relation to the Council’s broader work, and the impact of Council strategy and actions on transitional justice efforts on the ground. It describes the mechanisms used, the challenges faced, and the factors that facilitated impact in the five cases analysed. A number of overarching recommendations are outlined for the Council, the UN Secretariat, and transitional justice advocates as they think through whether, when and how to engage Council members on these issues going forward.
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