Choices of Justice

Effects of Civil War Termination on Postconflict Justice Mechanisms Implemented by the State

Choices Of Justice Original

Source: Rick Bajornas / UN Photo

Abstract

In the immediate aftermath of intrastate conflict, states utilize justice mechanisms to address past abuses and to move towards the construction of sustainable peace. However, despite the recognition that justice mechanisms may help facilitate the reconstruction of postconflict states, variance exists regarding which mechanisms states choose to implement. The diversity in choices of justice mechanisms following intrastate conflict raises a central question: under what conditions do states choose retributive and/or restorative postconflict justice mechanisms (PCJMs)? Using multinomial logistic regression, we draw upon existing strands of the civil war termination literature, including dual sovereignty, ‘spoilers’ and third-party intervention, to model PCJM implementation. We find evidence that the form of civil war termination and the presence of a UN intervention are strongly correlated with the quantity and type of justice mechanisms employed.

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The full article is available from the International Journal of Transitional Justice.