| Publication |
2014.
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| Summary/Abstract |
This paper presents the strategic importance and implications of a truth commission in the context of South Africa. The limitations of a transitional democracy throw into relief the transitional circumstances of justice. A politically negotiated truth commission is a preferred mechanism, if not the most, for dealing with politically motivated crimes and human rights abuses. A truth commission builds on the concepts of transitional justice and transitional amnesty, thereby meshes with the concept of the rule of law. A truth commission, in its simultaneous and complementary role to retributive justice, can contribute in settling profound political and social conflicts in a country's history. The paper argues that a truth commission satisfies political, legal and ethical requirements simultaneously in a transitional setting. A truth commission can, to a great extent, resolve tensions between truth, justice and reconciliation and play an emancipator role towards democracy, although it can never guarantee truth, justice or reconciliation as they come up with a mixed package that includes a clear objective of ending violence, attending to social inequalities and individual and social readiness. This paper lays out many positive and negative aspects of a truth commission and suggests why a truth commission has increasing appeal. A truth commission may help to render truth, justice and reconciliation and can serve the causes of democracy as well.
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