The Puzzle of Post-Conflict Justice: Identifying Factors That Influence State Selection of Mechanisms

Abstract

The period of post-conflict is wrought with frustrations, broken trust and intense hurt as a state works to bring its society out of internal conflict. Post-conflict justice mechanisms are designed to provide tools to move a state towards stability. While scholars have evaluated the different post-conflict justice mechanisms in reaching their goals, there is limited research into understanding why a state may implement one post-conflict justice mechanism over another. Specifically, what factors impact the form of post-conflict justice mechanisms in states? This research presents six post-conflict justice mechanisms through three theoretical-derived categories, retributive justice, restorative justice and immunity measures, before examining three influencing factors: magnitude of violence, external military funding and conflict termination type. Utilizing bivariate and multivariate regression, the relationship between these influencing factors and the six post-conflict justice mechanisms (trials, purges, truth commissions, reparations, amnesty and exiles) is tested. The results emphasize the importance of analysis at the mechanism level, which reveal that the role of the influencing factor changes greatly depending on the type of post-conflict justice

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